Male Vets Only

Posted on September 30, 2011 by asknod

 This post is for gentlemen Vets only. I know a lot of women will be drawn to this, but it really has no bearing on them. It isn’t a sexist woman-bashing post either, so calm down.

     Men have a different mental composition than women, thank God, but that leaves us at a strategic disadvantage. We are not in the habit of speaking 25,000 words a day. We see no reason to do so if we can communicate the same sentiments in 2,500 or 250 as far as that goes. We are really adept at doing one thing well at a time with few words.  Men’s mental processes can be summed up as having a lot of boxes. We get one out of the box room and dump out the contents, rummage through them, find that which we seek, and proceed. Some of us (like me) dawdle a bit and look at some of the other items and fondly remember them.  That’s why it takes us a longer time to complete projects, ladies. We have to pick everything back up and mentally cart it back to the box room.  This gives us more time to look around and smell the roses.

 

     Oddly enough, the NASCAR box is not located next to the NASA box. The biggest box is the one with the former girlfriends. The hunting and fishing box is usually fairly large and some devotees have one of each.  Then there is the workplace box, other friends box, favorite foods box, the golf box, etc. Men are not adroit at cleaning up and filing properly. We often misplace boxes and forget where or what we put in them. All the info is there, but sometimes requires dumping out numerous boxes before locating it. Alcohol has been known to play a part in some of this filing confusion. Left-handed tobacco, too, can be a detriment when boxes are out and in use.

 

     The VA box generally has a lot of dust on it and rarely comes out. When it does, it usually is at the insistence of the better half to get something done about it (your claim). It is at the mercy of duck hunting season (Dec.-Jan.); Silvers running up in Seiku (Feb.); Wild turkey season (March); Kings running from April- May to August; Dove hunting (Sept.); Deer season (October) and finally Elk season (November). This is why I have enormous hunting and fishing boxes and very little time for the others.

 

     The VA box was ignored for a long time-until the day I discovered I was really sick.  Then it was out continuously in hopes of funding my hunting. No work= no money= no hunting and fishing.  You don’t need a box in which to store that tidbit of wit. Soon, the VA box was out to the exclusion of all others. If you don’t stay on top of it, important due dates slip by. Claims expire for lack of action. The wife blows an ass gasket when this happens and rightfully so. I hope this helps some of you to understand how and why your brain functions the way it does. It’s really not your fault. Blame Mother Nature for our dilemma. It certainly isn’t our fault!  As you grow older and the testosterone haze finally parts, you start to see a lot more boxes with “urgent” in the box room.

 

     Now, on the other hand, let us examine women’s brains. Women don’t have boxes. They have filing cabinets. Big, salmon colored multi-drawer filing cabinets (there is no such color as pink).  With ball bearing glides. And color coordinated tabs representing moods dividing all the different subjects. The tabs are capable of metamorphosing into different colors as a woman’s feelings on a given subject change over time. This obviates the need for refiling and allows them to say that their feelings never change-ours did . The above mentioned filing cabinets are very unique. A woman can have more than one drawer open without the cabinet tipping over. This allows her to hedge hop back and forth between two different arguments in adjacent drawers without skipping a beat. I’m sure you’ve noticed this uncanny ability. I have discovered my little Princess can actually have 4 or 5 drawers open without missing a word-much like a circus juggler. I admire her for that. However, it leaves me at a strategic disadvantage rummaging around in one box, then running back to the box room to fetch another to counter the latest argument. Don’t attempt this at home. Men do it in Hollywood sitcoms and movies, but it’s all done with mirrors and stunt men and never happens in real life. Their filing system is light years ahead of our cave man style. We don’t stand a chance. Let them expel their 25,000+ words and nod sagely. I suggest an occasional “I agree completely” interjected along with those sage nods. A man who is an expert at this can get his head going like one of the gals on the 6 o’clock news. You know exactly what I’m talking about. If you don’t, go watch the news.  Raising one’s eyebrows appreciatively is another plus when Princess raises her voice to make a point. This is how I got my nickname of Nod. Lots of you probably thought it had something to do with a Notice of Disagreement.  We won’t go there today.

 

      There is no insightful ending to this discourse. It’s just an observation I had one day when I discovered I very rarely won an argument with Cupcake. My advice is simple. Get the VA box out with some regularity and dump it out on the floor. Examine all the stuff and act promptly on anything with a shelf life. It may cost you a trophy fish or a Boone and Crockett rack, but your marriage will be in better shape. My advice?  It goes without saying that the claim will have a much higher chance of success if you can convince the wife to do it. Don’t forget to work on that head bob and the eyebrow thing.   Always use color words like mauve, taupe and fuchsia.  While I realize men have a color chart of the 6 primary ones, visit the paint section at your local Cheapo Depot for an update on it. Practice pretending to get in touch with your inner self in your spare time during those annoying  commercials. Gaze frequently into her eyes and act like you are hanging on every word she says. It works for me.

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Surrogate Care– unless you’re from a prior “conflict”?

Posted on September 30, 2011 by asknod

An interesting article in the paper several days ago caught my eye. Sen. Tennis Shoes Murray was pushing for implementation of a new VA program that the General is predictably dragging his feet on. It seems there are a number of Vets from the Iraqi/Afstan conflict with collateral damage. Much of it seems to be from IEDs and land mines. I’m serious. Someone actually started adding up the casualties and was  stupefied at the big numbers. It’s too bad they didn’t keep better figures on our body counts in Vietnam rather than the VC’s. They might have gotten more concerned BEFORE we arrived at 58,000 + KIA. 


     Nevertheless, the powers that be who squander all our taxes have come up with yet another new VA program. Try this one on for size. Congress has decided that Vets with 100% or more rated disabilities who are probably entitled to A&A/housebound are going to be entitled to a caregiver 24/7 paid for by VA. I am not enlightened or knowledgeable enough yet to know whether they will also be entitled to A&A on top of this new benefit. 

     Here’s the kicker. Only Vets injured after 9/11/01 will be eligible for this new perk. The convoluted logic used to arrive at this inclusion/exclusion decision is deceptively simple- Vets who are younger are POORER and lack the assets of older, more established disabled Vets. Somebody at VA should look at their own compensation tables and then tell us again with a straight face that we are rich compared to a younger Vet. 

     I was rated P&T in 07. I spent every nickel staying alive from 94 on when I first filed. The IRA? Gone. The Health Savings Account? Likewise. Stocks and bonds. Zip. My rental properties? Sold to pay my ever burgeoning medical costs. My first daughter didn’t go to college because we used that to live on. My second (my son), lucked out and got in on the Chapter 35  DEA benefits. I am no longer “rich”. In fact, everything I managed to save is gone. My assets measured against those of a ODS/OEF Vet are probably comparable at this point. 

     So, for VA to implement this program with strictures that disenfranchise whole classes of Vets is asinine and poorly thought out. It will inevitably lead to class warfare among us. How do you decide who is more deserving? A Vietnam Vet who had the misfortune of losing both legs to a Bouncing Betty or a Vet who had the bad luck to be in the #2 Stryker  that caught the brunt of the IED? Both lives are equally destroyed. Yet now we have the George Orwell  Animal Farm conundrum of “Some pigs are more equal than others”. The consequences of this wouldn’t rub me quite so raw but for the inane rationale. Add to that the fact that there are currently less than 400,000 Vets rated P&Tor 100% via TDIU. VA is notoriously stingy with the money entrusted to them by Congress for VA compensation. Apparently, that penuriousness doesn’t deter them from awarding themselves lavish year end bonuses for a job well done. 

     We already have to jump through numerous hoops and obstacles to obtain a small pittance from VA as it is. Vets who are so disabled as to be unemployable still face ratings “experts” insisting they’re good to go. Only 14% even get there-often via appeal. If and when they do, they are given pennies on the dollar for their sacrifice. How, then, to square the disparity of this new entitlement with equal sacrifice,  albeit in a different era and a different theatre of operations? Any suggestions, Senator?

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Prostitutes=Willful Misconduct? Say it ain’t so

Posted on September 30, 2011 by asknod

 

We spotted this recently in this decision and our collective hair stood on end. Consorting with ladies of the night has always been considered bad form, but never classified as willful misconduct. We hope this isn’t a harbinger of something  changing for the worse as far as Hep. risks go.

We remember fondly the days of our youth. Mamasan’s House of credit always took one of our dog tags as security for credit extended.We redeemed them at the end of the month- or else. The “or else” was a visit to our Lieutenant  with a polite request for remuneration. Somehow, it didn’t seem sinful at the time. Commerce was commerce then in that theater.

Patronizing prostitutes could under some circumstances  constitute known prohibited actions, and hence misconduct in some  circumstances.  In this case, however, there is no indication  that the Veteran knew or should have known that such activity was  prohibited.  Indeed there is some evidence that such activity was  tolerated, if not encouraged during the Vietnam War.  See, Arlene  E. Bergman, WOMEN of VIETNAM (Peoples Press 1975); Susan  Brownmiller, AGAINST OUR WILL, MEN WOMEN AND RAPE, 86 (Fawcett  1975).  The evidence is in at least equipoise on the question of whether  the Veteran’s activities with prostitutes constituted willful  misconduct.  The evidence is also in equipoise as to whether he  developed hepatitis C as the result of that activity, and whether  the hepatitis C lead to the fatal hepatic cancer.

What’s next? Sharing of a razor being deemed to be willful misconduct?  We pray the VLJ is simply uninformed on what constitutes willful misconduct.

http://www4.va.gov/vetapp10/files3/1028796.txt

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BVA–Bad Company–And I won’t deny it

Posted on September 30, 2011 by asknod

  Better not pout. Better not lie. Better tell the truth ’cause I’m tellin’ you why… I did not know Veterans could be such inherently bad, disreputable, untrustworthy persons until I started reading VA claims.

Additionally, the Veteran is not only providing a medical opinion, but is also the claimant.  Thus, he has an interest in the outcome of that to that upon which he has opined.  This interest in the outcome impacts negatively on his credibility and  further reduces the weight of his opinion.  Cartwright v. Derwinski, 2 Vet. App. 24, 25 (1991) (“Although interest may affect the credibility of testimony, it does not affect competency to testify.”); see also Caluza v. Brown, 7 Vet. App.  498, 511 (1995) (“The credibility of a witness can be impeached by a showing of interest, bias, inconsistent statements, or, to a certain extent, bad character”).

http://www4.va.gov/vetapp10/files3/1029274.txt

You could almost put that to music. Use Bad Co.’s theme song and substitute “Bad character-and I won’t deny it”.” Who do these people think they are? And why would anyone try to besmear a Veteran who defended our country? Only in the military is one presumed guilty until proven innocent. Fortunately, that doesn’t apply to Vets- or does it?

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Veteran Benefits Manual (VBM)

Posted on September 30, 2011 by asknod
NOD
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02/16/11 #1
     Much has been said about the VBM. It is rumored that VSOs possess this Veteran’s Bible. Let us hope so. If they actually open it up and read from it daily like the Good Book, perhaps some of the wealth of information between its two covers will permeate their grey matter. We here are being given one as a donation by one of our members at his own expense. We wish to thank him anonymously unless he has no objections to being identified. 


     The VBM, to those of you who are unfamiliar, is an informative guide with quick references to precedental cases. There are numerous “What ifs” included to help Vets prepare their cases for submittal to the VA. There is also a lot of boilerplate information on how the VA works. If you cannot find the answer in there you can generally come here for it. Some things are absent, but the knowledge is easily extrapolated from the way their rules and regulations are written. 

     Veterans should be aware that they are granted tremendous leeway when representing themselves. VA often will bend over backwards for the pro se Vet where they won’t for one represented by a VSO or a legal beagle. Granted, VSOs are not Mensa candidates, but their efforts are well-intended. Their presence in your case does raise the bar slightly and you should be aware of this. VA will excuse unfamiliarity and ineptitude on your part when you are self represented, but are loathe to grant that to anyone with representation. I personally noticed a sea change in the way I was accorded more room for error once I decided to go it alone. VA already has a public relations dilemma of colossal proportions to overcome. By trying to be seen as benign and readily accessible,  they hope to reform their image. Barring any new developments, that attempt may fall flat. 

     Make no mistake. Like any large corporation, there are going to be idiots and dolts who will try to impede your progress or sabotage your claim efforts. VA is not immune to this phenomenon. Without being overcritical, I will say I have encountered a few employees who appear to be interested in helping rather than just paying lip service to the claimant.  Let us pray this disease spreads within their ranks. 
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AZeeJensMom
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Registered: 01/05/09
Posts: 94 
02/17/11 #2

We found this same scenario to be true and even more so AFTER my husband’s status changed to service connected via a BVA Decision for his claimed issues.   It appeared the RO went over and above to help and assist us with his claim, so much so that a “Thank You for your courteous service” in IRIS form and written form was earned by one very unique individual who really went over and above.    And, actually, now that I think about it, did he really go over and above ?   Perhaps not, he said to me “I’m just doing my job ma’am”    I would rather think that yes he was just doing his job, but he was doing it quite well and with courtesy and grace.    Many times, having been in the public service industry myself for years, I found most people would rather complain about something than to thank someone for a kind courtesy that was extended.  A kind word or two goes a long way.

The VSO who initiated my husbands original claim was absent throughout except for the original filing and filing the Request for Appeal in time, but only after we had sat in their office for hours waiting our turn for a 5 minute face to face.   It became quite apparent they were either 1. Unqualified  2. Overloaded  3. Had no vested interest in our claim.   I’ll choose Door No. 3 in the sense of being courteous as there must be some VSO’s who are very qualified and many who are overloaded with work.   

In any scenario, it’s best you or your significant other or someone you trust if you are unable to do the leg work or keeping the eyeball on the claim, in involved and vested in your behalf.   No one cares more about your claim than YOU.

Bottom line is ….. know what is going on at all times, whether you choose to engage the services of a VSO or go it solo.   
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Kauffman : Where are your records?

Posted on September 30, 2011 by asknod
broncovet
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Registered: 01/24/09
Posts: 9
02/06/11 #1
In the case, Kauffman vs Shinseki the CAVC suggested the “benefit

of the doubt be applied to “Where are my records”?  The Veteran does
not have to prove that his missing records ARE relevant, only that they
could be relevant:

VA’s duty to assist includes making “reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant’s claim for a benefit.” 38 U.S.C. § 5103A(a)(1), (b); see Loving v. Nicholson, 19 Vet.App. 96, 102-03 (2005) (discussing requirement that the records be adequately identified). VA is not required to assist a claimant in obtaining identified records “if no reasonable possibility exists that such assistance would aid in substantiating the claim.” 38 U.S.C. §5103A(a)(2); see Golz v. Shinseki, 590 F.3d 1317, 1320 (Fed. Cir. 2010). The duty to assist “is not boundless in its scope” and “not all medical records or all [Social Security Administration] disability records must be sought – only those that are relevant to the veteran’s claim.” Id. at 1320-21 (emphasis added). “Relevant records for the purpose of § 5103A are those that relate to the injury for which the claimant is seeking benefits and have a reasonable possibility of helping to substantiate the veteran’s claim.” Id.; see, e.g., Moore v. Shinseki, 555 F.3d 1369, 1374 (Fed. Cir. 2009) (stating that “VA is statutorily required to obtain all of the veteran’s relevant service medical records, not simply those which it can most conveniently locate”); McGee v. Peake, 511 F.3d 1352, 1355, 1358 (Fed. Cir. 2008); see also Quartuccio v. Principi, 16 Vet.App 183, 187-88 (2002); Clarkson v. Brown, 4 Vet.App. 565, 567-68 (1993); Murincsak v. Derwinski, 2 Vet.App. 363, 366, 370 (1992).

Relevance is not established where the identified records pertain to a “completely unrelated medical condition and the veteran makes no specific allegations that would give rise to a reasonable belief that the medical records may nonetheless pertain to the injury for which the veteran seeks benefits.” Golz, 590 F.3d at 1322-23 (concluding that VA is not required to obtain Social Security records from SSA if VA determines, without review of the actual records, that there is no reasonable possibility that such records, which pertain to back and leg pain, are relevant to the veteran’s claim for VA disability compensation for PTSD). Nevertheless, in close or uncertain cases, “[a]s long as a reasonable possibility exists that the records are relevant to the veteran’s claim, VA is required to assist the veteran in obtaining the identified records.” Id. at 1323 (emphasis added): see McGee, 511 F.3d at 1357 (discussing VA’s obligation, in fulfilling its duty to assist, to “fully and sympathetically develop the veteran’s claim to its optimum before deciding it on the merits”).

The Kaufman v. Shinseki case is here.

__________________
broncovet
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RVN Vets and Agent B(Presumptive)

Posted on September 30, 2011 by asknod

F115_header (1)The Veterans Benefit Administration (VBA) has just announced a new presumptive exposure entitlement due to Agent B for Vietnam Veterans. As usual, this one will only apply to Vets with “boots on the ground” in country from January 9th, 1961 and May 7th, 1975. Preliminary rules are still being drawn up, but the latest word is that it will fall under 38 Code of Federal Regulations (CFR) Chapter 4,  § 4.114 (digestive diseases) Diagnostic Code (DC) 7301:

Moderate; pulling pain on attempting work or aggravated by movements of the body, or occasional episodes of colic pain, nausea, constipation (perhaps alternating with diarrhea) or abdominal distension

The compensation picture appears to be a maximum of 10% now, but that may change as Congressional hearings progress.

 Agent B was widely dispersed near Forward Operating Bases, Fire Bases and remote operating locations via Huey slicks. Dispersal around larger Air and Army Bases was accomplished by C-7, C-123 and C-130 aircraft configured in the cargo mode. Apparently Air America aircraft engaged in this as well, but those records are still classified.  Agent B was manufactured by several different chemical companies during the course of the war.  Some of the more recognized ones include Adolph Coors Co. (light yellow containers) and the Schlitz Mfg. Co (white with brown lettering and stripes). The canisters were cylindrical and approximately the same diameter as an 81 mm. mortar round.  During the early part of the war, the canisters were devoid of an engagement pin and required a special tool to actuate the device. This was affectionately known as a “church key”. Later versions came equipped with self-contained actuators. 

  Agent B, or as some of you Vets may remember it, Agent Beer, was widely used as a depression suppressant. Unfortunately, the CDC has now determined it actually increased depression. The long term physical debility associated with this agent appears for the most part to be a large, distended abdomen in men. Doctors now refer to this as a “beer belly”. VA physicians have determined that compensation is due when a Vet can no longer see “winky” while standing and looking down.

 If you suffer from this malady or have other friends who are Vietnam Vets that do, please tell them to contact a VSO or file a claim with the VA directly.  Most AMLEG, AMVET and VFW bartenders have been briefed on this and have all the details if you are unsure whether you qualify. Remember, the earlier you file your claim will result in benefits accruing when VA finally approves this disease for compensation.                            

  

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America’s First Responders

Posted on September 30, 2011 by asknod

 At the dawn of our American history, there were no professional firemen. Firemen consisted of the citizenry of a town who came together to save some poor soul’s house and possessions from fire in the off chance they had the misfortune to suffer such a catastrophe. 


     Likewise, there were no professional lawmen. A constable or Sheriff was appointed or elected and performed his duties without a large coterie of assistants. On occasion, if he required help,  he would deputize as many as needed and proceed to capture the miscreant.

     On the other hand, since our inception, we have been forced to go to war on more than one occasion. Americans of all creeds and colors have flocked to these undertakings with patriotism and great  gusto. These men (and now women) don’t ask for special privileges, extra pay, parades, or accolades. They don’t hold themselves forth as unique and deserving of funds to be set aside for their wives and children in the event they are killed in the line of duty. They don’t advocate for higher wages and threaten to go on strike for same. They don’t have a strong union representing them. In fact, they are forbidden by law to do so. When duty calls, they are the first to put themselves in harm’s way to protect America. If it occurs between the hours of 5 P.M.-7 A.M., they do not demand time and a half. If it should carry over into a weekend, they do not demand double overtime.  The men and women of our Armed Forces ask little and give much in spite of their meager pay. 

     I submit that these are truly America’s  First Responders. Anyone other than a Veteran who covets this term is simply riding on their coattails. JOVO (Just one Veteran’s opinion), mind you.

     The gentlemen pictured below are a classic example. The reason they weren’t wearing uniforms is quite simple. We were forbidden to do so while serving in Laos during the Vietnam “conflict”. It was officially known as Project 404. Unofficially, it was nicknamed the “Steve Canyon Program”. It didn’t dim our patriotism one bit. We had to volunteer for this and they wouldn’t even tell you what it was you were volunteering for. 

     



 

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SC for Veteran’s Death

Posted on September 30, 2011 by asknod

I have attached a decision about a widow’s quest to have her husband’s death attributed  to a service connected disease or to negligence on the VA’s part. Sadly, she will fail on both counts. It is included here for spouses to ascertain how and why the VA decides these cases the way they do. They are bound by medical opinions and coroner’s reports. 


     As for finding a doctor’s actions below par for Standards of Care, remember that is a tall wall to climb and is often protected by the “white wall” of doctors sticking up for one another. No one in the medical crowd wants to be tarred and feathered by his/her colleagues for being a tattletale. That’s why we have malpractice insurance for doctors. However, that is unnecessary for individual doctors at the VA since they are protected by the U. S. Govt.’s insurance (your tax dollars). As a last note, you can sue the VA for malpractice under the Federal Torts law. It is heard in Federal Courts by a single judge and the judgments are far less than what you might get from a jury of your peers. 

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100% Award–AZJensmom

Posted on September 30, 2011 by asknod
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
12/30/10 #1
After a 7 year battle beginning in 2003, our very own Azjensmom’s husband was finally rated 60% for hep and TDIU. She had to remind the powers that be that he was  in the “near constant debilitating symptoms” mode and had been way past the 60% ratings criteria for quite some time. After a very short period of time they agreed with her and gave him the higher rating. Welcome to the 100% schedular club, ***ster. It’s not the club we would all aspire to belong to, but it does have it’s percs.  
NOD
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Registered: 11/22/08
Posts: 654
12/31/10 #2
I just received this from Azjensmom. The website wouldn’t allow her to post for some reason:

Thanks NOD – Yes, it was an uphill battle all the way…one I’m very pleased we didn’t cave in and give up years ago.


Without the help and assistance of you NOD and the many fine folks here, I know we’d still be climbing that hill with no end in sight. 

I can’t stress enough how important the Nexus is to your claim.  
Add that to the medical records and everything else you need to be successful in receiving service connection – You won’t have the battles we endured as did those who have gone before us, in having your valid claim worked properly and in a timely manner.   

It’s very gratifying to realize we did this on our own after our VSO tanked on us….at least they filed the appeal (Form 9) — when nothing was being done, I happened across this site.   Not that it was smooth sailing, we hit a few chuckholes and hiccups …. but WOW, when all the pieces of the puzzle went together and that last piece was in place….It was Showtime !

Thank you once again for all of the assistance of the HCVets site and the acknowledgement NOD … we are still on Cloud 9 !   

Fellow Veterans – I encourage you to read, research and follow all of the advice located on this web-site …… and 
NEXUS – NEXUS – NEXUS !
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