Who said this?

Posted on September 30, 2011 by asknod

 I found this very interesting and more so now that we are winding down our affairs in Southwest Asia, or will be doing so soon.

     ” The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive veterans of earlier wars were treated and appreciated by this country”.
     That phrase was spoken by George Washington after our war for independence. It says much in very few words. Early patriots of this country were wont to do that. Considering the earthshaking new regulations about to befall the military, I pray that won’t dissuade any from serving as it may reduce our ability to defend our interests. What is of the most import is what Americans will vote for in pursuit of reducing the deficit. Will they opt to shrink the VA’s budget? That might turn out to be penny wise and pound foolish in light of President Washington’s admonition above. With the new influx of Veterans into the existing system, the need for more funding, or more precisely, the allocation of existing assets to the best and most useful purposes will be paramount. Simply throwing more money at a problem seems to be an affliction the government is fond of. When the money dries up, the programs are truncated so as to be programs in name only. Unfortunately, the personnel administering said programs rarely fade away with them. Herein lies the paradox. We at AskNod pray there will be no reductions in VA’s budget and that the Gee Whiz kids find new ways to reduce costs to deliver a quality product to Veterans of all wars. If that means trimming some of the dead wood at the Agency, then so be it. 
     Currently, we are seeing more and more hiring at the VA with the explanation that it is necessary to reduce backlogs and delays. That is how they defended the last big hiring frenzy in 2008 with no appreciable results. We live in interesting times, lady and gentleman Vets. The near future and the financial path this country’s leaders choose for us will determine how we treat our Veteran population. As my daddy used to say “This will separate the ribbon clerks from the poker players”. We can’t have it all without paying for it. When 48% of the working population is tasked with supporting the remaining 52%, it doesn’t leave a lot for good intentions like Veterans benefits. 
     Fortunately there is a  easy remedy. Quit waging wars that result in excessive collateral damage to the participants and live within your means. We just have to convince our representatives of what we have always known. It’s time for America to turn inward and solve its problems at home. In spite of what the Poobahs preach, the world will not fall apart while we get our house in order.
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Most excellent news from the CAVC

Posted on September 30, 2011 by asknod

President Obama recently announced the nomination of Meg Bartley and Gloria Shelton for two of the three vacant seats at the CAVC. These positions have been vacant for over a year and it was high time he got around to doing this. The backlog has created quite a delay at the Court. Congress authorized an increase in the number of judges from 7 to 9 some time ago but Hizzoner has been a laggard in his duty to Vets. This is a partial down payment for his recalcitrance. Hopefully he will fill the third position shortly. Now it behooves the Senate to finish the task and confirm them.  We pray this does not become a political football to be squabbled over. Vets deserve better than to be held hostage to political vendettas and paybacks for perceived slights. 


     Meg Bartley comes from the NVLSP. a Veteran’s rights consortium which provides pro bono support for indigent or underrepresented Vets. She clerked for a former CAVC Judge (Steinberg) and has argued Veteran’s cases before the Court. She should be a fair and rational addition to the bench.

     Gloria Shelton, on the other hand, is of a different ilk. She comes to us from the BVA where she is a Staff Attorney. If she brings the demented logic of the BVA we have seen recently, then we are in for trouble. We always cringe when the nominee is chosen from what we could best politely describe as “the opposition” as in those hired to defeat our claims. Placing her in the capacity to adjudicate Veteran’s claims may have an adverse, chilling effect on Veteran’s justice at the Court. Keep in mind this is a lifetime appointment like the Supreme Court so we are stuck with her once she is confirmed. I would be of the mind to have as many Vets as humanly possible write their Senators and advocate for Ms. Bartley and against the confirmation of Ms. Shelton. We deserve justice from impartial individuals. I submit that Ms. Shelton may have an agenda that is at odds with ours. In other words, her pedigree is suspect.
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VA Claims and Ping Pong

Posted on September 30, 2011 by asknod
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06/24/11 #1
     It occurred to me today watching several young people playing Ping Pong how much the game emulates life in the VA claims process. Imagine your serve to be the opening shot across the bow (filing for compensation). VA’s response is a return-immediate and predictable. Send us your info, nexus,  etc. So you return their shot with the particulars of your claim and your proof. Again, predictably(and usually about 15 months later), you get your long-awaited denial. 


     The tempo of the game is now set. You return your shot with a NOD. VA responds, appropriately, with another denial in the form of the SOC. If you have anything to refute their denial such as exculpatory, overlooked evidence, you now submit that and wait for the return service. Approximately 6 months transpire before they return with a SSOC denying yet again. This sets the stage for your final return to them in the form of your Substantive Appeal certification. After a year, you will receive their shot telling you your claim is certified and will soon (3 months) be mailed to Washington, District of Columbia to the BVA. 

     Absent a Travel Board hearing or a time-numbing remand to the RO for some inconsequential thing, you will receive BVA’s serve and start a new game. That can and does sometimes turn into a longer process than the local RO process. Your option to ask for a reconsideration based on new evidence (MFR) or your Notice of Appeal constitutes your service return to them. Depending on their response, your next serve will be at the CAVC. 

      While the game certainly enjoys many similarities to ex parte justice, the dissimilarity in time consumed sets the two apart. VA Ping Pong is not for ADHD, ADD or impatient Vets. It should be something addressed every once in a while like a long-distance game of chess transmitted via snail mail.  There are plenty of opportunities to contemplate your navel and much more. Growing Weyerhauser Hybrid Douglas Fir trees comes to mind. You’ll see results in 20 years and harvest in 35- just in time to supplement your SSI. A VA comp. check all that time would be nice, but they pay to date of claim (your first serve) so relax if you can survive that long. VA justice is not justice denied- it’s simply justice delayed so long it’s criminal.
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AZeeJensMom
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06/25/11 #2
Great analogy of the claim process NOD.

Thanks.
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cdneh
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06/25/11 #3
Unfortunately perfect.

__________________
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Veterans Help Sites

Posted on September 30, 2011 by asknod
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06/05/11 #1
     As its summer and I spend most of my time in the garden, I notice a corresponding decline in Veterans seeking help. Could it be others are similarly occupied doing the same? Regardless of the reason, I always like to peruse the site early in the day before tackling the chores and putting the horses out to pasture. 


     For extra entertainment I have taken to looking at other sites, something I had no time for while researching and filing all the motions for my appeal. One site in particular is unique. I notice the Vets who post there have a habit of listing each and every ailment and rating (even 0%ers). This wouldn’t be a  eyeopening  list here as we all suffer from a rather narrow vein of diseases which seem to never vary too much. I was amazed at the variety and number of diseases/injuries some of the Vets listed. One seems to be the loss (or claimed loss) of sexual abilities. This rating (SMC-K) used to be granted only when a Vet lost all or part of his/her plumbing and was thus “incapacitated” and unable to perform. Nowadays, if one simply states it or convinces a doctor to state it as fact, he/she is entitled to an extra $95.00/mo. even if Larry, Curley and Moe are all present and accounted for,Why not just prescribe Viagra? Another rating I see a lot of is tinnitus. What I had no idea of was the apparent pandemic of flat feet, bunions, acne vulgaris, acne militaris, hallux valgus etc. It would seem that a lot of these Vets entered service in pristine condition (in peacetime, no less) and somehow fell apart in the service to their country. I will get flak over this and deservedly so. Vets do have incidents that provoke injury/disease processes little understood by the medically unschooled. I doubt that more than half of these are legitimate, though. No one could have so much go so wrong with them in such a short period of time. The Military is not for the weak of heart or body, but let’s be serious. One’s body doesn’t immediately go into decline upon induction. We go through strenuous  exercise and good eating habits-often better for us than our previous lifestyles. This is where the dichotomy of health diverges. Why is this? Do you think some Vets might be gaming the system? I do. I have been involved in the VA/VAMC process for 22 years. No, I am not a frequent flyer. I have legitimate, documented claims for a bad back, my hep, AO and tinnitus. My hearing measurably declined while in service. I came down with Hep after a transfusion following a run in with an errant bullet. My bad back is attributable to landing in a forest rather than on a runway one morning and the AO issue is from eating too much Orange and Blue. With those narrow exceptions, I led a rather uneventful  existence for 4 years. No hemorrhoids, flat feet, DM2, sexual dysfunction,  PTSD (now), bunions, ingrown toenails (preexisting), preternatural athlete’s foot, dyslexia- all in all, a rather boring life during a war. Apparently, some of these disease processes are more prevalent during peacetime.

     So bear with me if I fail to empathize with some of these Vets whose problem list runs on to two pages and has more 0% and 10% ratings for diseases I had no idea existed. My empathy is reserved for Vets who are seriously disabled or dieing from incurable diseases. I’m sure they all wish their problems were so mundane.  

     Back to the garden in pursuit of flat feet (and service connection for same). 
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squid_with_dragon
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06/05/11 #2
I sold my little horse ranch about 2 years ago. And I had a great garden in that little spread. So, I don’t have a garden or horses to tend to this year. Noticed that you mentioned getting up to turn the horses out to pasture. I never did that. They were pretty much out there on their own all summer. All I would do is fill up their water tank and spray them down if the flies got to them. But then the only predators that would come by were the lions. They would usually just go after the deer who grazed the pasture at night while the horses slept. They were close to the house so If they would wake me up or the dog would, then I would grab my rifle and go chase the critters off. That only happened once or twice though. Never really worried about anyone stealing them as they weren’t really worth much. 🙂

Curious about this bill. Being one who knows little to nothing about the claims process, does this bill have any teeth? Looks like Patty will get the bill now that the House has passed it. What da ya think?

To amend title 38, United States Code, to improve the appeals process of the Department of Veterans Affairs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Veterans Appeals Improvement Act of 2011’.

SEC. 2. WAIVER OF REGIONAL OFFICE JURISDICTION OVER INCORPORATION OF SUPPLEMENTAL EVIDENCE INTO PREVIOUSLY SUBMITTED CLAIMS.

(a) Waiver- Section 7104 of title 38, United States Code, is amended by adding at the end the following new subsection:

‘(f) If a claimant or the claimant’s representative submits new evidence in support of a case for which a substantive appeal has been filed, such evidence shall be submitted to the Board directly and not to the agency of jurisdiction, unless the claimant or the claimant’s representative requests that the evidence be reviewed by the agency of jurisdiction before being submitted to the Board.’.

(b) Effective Date- Subsection (f) of section 7104 of title 38, United States Code, as added by subsection (a) of this section, shall apply with respect to evidence submitted on or after the date that is 90 days after the date of the enactment of this Act.

Passed the House of Representatives May 31, 2011.

Attest:

Clerk.

112th CONGRESS

1st Session

H. R. 1484

AN ACT

To amend title 38, United States Code, to improve the appeals process of the Department of Veterans Affairs.
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NOD
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06/05/11 #3
     Most Vets with an ounce of common sense would relish the idea of getting up to the BVA and escaping the RO nuthouse. The Vet has always had this avenue by signing a waiver of review with the RO when submitting evidence to them. I’m not sure I quite see how this is a new way of doing business. Once your appeal is certified and the transferral process begins, submitting new evidence to the RO would drag the case back to them. Signing a waiver of review allows the BVA total control over it and eliminates the RO from the picture. This is not how VSOs like to do it. To them, time is immaterial. They would prefer to have as many adjudications as possible at all levels in hopes one will be the magic ticket to SC. Reality is much different. Once the RO has dug their heels in, its time to move on and get the claim in front of someone with a college education in law. Presenting new evidence to them (Board) without review is no great loss if it would have been one more do over at the RO in front of the same group of bozos who have been giving you the thumbs down for the last 5 years.


     Vets want a decision. Piss on the fire. Call in the dogs. Make the decision. If denied, they don’t want to keep going back, hat in hand like Oliver, begging for more porridge. Move on to the next level and get in line. Keep moving. Tempo and maintaining it is what is all-important to a Vet. Interminable delays are not an option to us. 

     My animals would eat themselves into a coma if I left them to their own devices out in the pasture. They’re already way past their optimum biomass index. That grass goes right to their hips like ice cream. No, tough love is what’s called for here. 
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RO Error Rate

Posted on September 30, 2011 by asknod

In a recent audit of the VA Disability Compensation System at 16 Regional Offices, the VA Office of the Inspector General estimates that the rating staff incorrectly processed 23 percent of the 45,000 claims inspected.Of the16 Regional Offices, Baltimore, MD and Anchorage, AK scored the lowest in compliance with VA standards. Both failed to meet 14 of the 15 process requirements. Extended management vacancies were cited as one of the linking factors between all poorly performing Regional Offices. Because of the vacancies, these offices lacked continuity and proper oversight. As a result, procedures were not developed or implemented to correct previously identified problems.

 

Read the full article on the Military Advantage Blog.

 

     Now. Let’ do some elementary math. People are fond of batting about  numbers. 23 percent of 45,000 Veterans is 10,350 Vets who got the shitty end of the stick. Not very impressive is it? If the IRS had a record of service like that citizens would be in an uproar. But what the hey? We’re just Vets with PTSD or homeless issues. Some of us even have incurable diseases. We are surplus baggage and very inconvenient after a war or two. America is at a loss as to which rug to sweep us under. They do give us one day a year (a paid vacation no less) and the War dead get one as well. Makes one proud to be an American. Happy Memorial Day. 

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Eating Feces Ruled Not A Risk Factor

Posted on September 30, 2011 by asknod

File this one in the Boldly Going Nowhere File:

We came across this one and felt the burning need to share it with our members.

In the March 2010 VA examination report, the Veteran claimed that he

contracted hepatitis C during service due to vaccinations he received

as “they were injecting everybody with the same needle.” He denied

having sex with males or eating his own feces. He stated that he had

not used alcohol in over 8 years and used crack in the past. He denied

IV drugs in the past; however, heroin and cocaine were found in the chart.

Sex with a prostitute was reflected in a September 2000 entry and he

contracted syphilis in November 1999. The examiner reviewed the

claims folder, and opined that eating one’s own feces is not

an indicator for hepatitis C.

Good. I’m glad we got that one settled.

http://www.va.gov/vetapp11/Files1/1107694.txt

And this gem: 
6. Entitlement to service connection for bilateral ear wax 
buildup.

http://www.va.gov/vetapp11/Files1/1109876.txt

But wait. There's more humor to be found if one digs.

A hearing was held on January 28, 2010, by means of video 
conferencing equipment with the appellant testifying from a prison 
in Kentucky,...In this regard, he has raised the issues of 
entitlement to a restoration of competency; entitlement to a 
retroactive apportionment; entitlement to reimbursement of VA 
pension benefits and medical expenses; entitlement to a 25 
percent "whistleblower fee"; entitlement to an increased 
rating for nonservice-connected flat feet (evaluated 
as 10 percent disabling for nonservice-connected pension 
purposes); and, entitlement to reimbursement of stolen 
VA pension funds.
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Ebenefits– Too Cool For School

Posted on September 30, 2011 by asknod

After Menalteed’s long battle with the VARO in Seattle, we decided to join the cutting edge of VA access and enlist in the Ebenefits program (See Timeline for Life is Getting Short). We have tried the Myhealthevet and found its promises far outweighed what it delivered. We assumed the same would be true of the benefits site. The jury is still out, but one facet seems to be working marginally. I had my Board hearing on April 5th and the site showed my claim as sitting in Limbo at the RO awaiting snail mail transmission to D.C. Thursday evening I went on and checked it. Bingo. I’m at stage 2. The post office delivered it and it is now there. Since I represent myself I will be skipping Stage 3. 3 is when you have a VSO and they cart it off and leave it on their desk for a month before “reviewing” it. The National organizations all have SOs in D.C. Its a posh assignment. You get to hob nob with all the bigwigs. Nothing meaningful is accomplished but lots of alcohol is consumed in the pursuit of justice.


     When Bozo finishes his review, the C-file is returned to the BVA and they set about deciding the claim. He may attach some  reasons why you should be granted SC, but they aren’t lawyers  so the argument is usually lame and devoid of any legal rationale.  If you, the Vet, submit some new evidence late, the SO will grab your file again and more delays will ensue. Stage 4 is when they finally assign this to a VLJ unless you had a Board hearing in person or by video. In that case, the judge who heard your case will be your VLJ on your appeal. Stage 5 is the decision and Stage 6 is the steno pool and mailing of the decision. My appeal was advanced on the docket like Menalteed’s as I am circling the drain, too. The VA tried to kill me to avoid paying me over the course of 4 operations in 2009-10. I’m still alive and I guess they finally decided to face the music and get it over with. We here at Ask Nod think the Ebenefits thing is going to be a big plus for Vets if and when it gets airborne. You will be able to do a number of things on the site. It does require going to a VAMC or the VARO with I.D. to register. You cannot do this on line. VA never makes anything easy. You have probably figured that out by now.
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Job Openings–CAVC

Posted on September 30, 2011 by asknod

The Court of Appeals for Veterans Claims has  been authorized 9 Justices. Due to Judges retiring, laziness and inattention, we now have a predicament where 6 Judges are shouldering the workload of 9. Several older, retired Judges have come back on a temporary basis to alleviate the workload of the 6. This should not be a partisan, politically driven debate. The Judges are not inveighing on everyday politics. Their rulings affect a finite portion of our populace (Veterans). Please contact your representative/ Senator and exhort him to rectify this injustice to Vets. Unfortunately, leadership (and a nomination or nominations) need to emanate from the Casa Blanca. Strangely, this has not been forthcoming. Please call the White House or fax them and ask our President to rectify this egregious judicial defect. We know he has been busy with other, more daunting and time consuming pursuits, but this debacle is inexcusable. The numbers are:

White House
 Switchboard– 202-456-1414     FAX: 202-456-2461

If every Veteran with a claim before the VA were to do this, we might see some relief within a year.
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VA-Friendly Fire?

Posted on September 30, 2011 by asknod

Veterans have been approaching us for nigh on 3 years on this site and bemoaning the fact that they have filed claims and discovered VA (that would be the Veterans Administration) is an antagonist rather than their “good buddy”. 

     The VA in its first incarnation as envisioned by President Lincoln, was a novel concept. Not only did they offer compensation or a pension to Northern troops, this same offer extended to injured Confederate soldiers, including my Great grandfather. What a noble endeavor. Unfortunately some ex-servicemen, in collusion with their hometown doctors, conspired to game the system. This forced the VA’s predecessors to require more evidence and corroboration of actual injuries. This was still viable all the way through World War Two as most people are inherently honest. Actually, it was probably true through the Korean War. But around this time Veterans again started to search for loopholes to exploit the system to obtain more benefits that were questionable. 

     Granted, the Vietnam “conflict” generated a lot of disabled Vets, but there was a new paradigm emerging. President Johnson had inaugurated the Great Society programs which were poorly conceived and woefully unsupervised. It was the beginning of a flood where everyone was a victim and everyone was entitled. This started a new industry- cradle to grave “welfare”. In this setting, the VA became a lot more defensive of its finances and largesse. Vets noticed this disparity soon enough. It became exponentially harder to gain entry into this club.Even if you succeeded, there was not a golden parachute available on the other side. Diseases and injuries that would normally be considered total disability were often rated at less than 50%. This “us against them” mentality has continued through the years and finally met its match with the inception of the CAVC. 

     Veterans, be they from the Vietnam era discovering new AO illnesses or Iraqi/ Afstan with IED/PTSD fallout, are discovering this dichotomy. How can the VA, who ostensibly represents Vets, be in an adversarial relationship with those they purport to advocate for? 

      Murphy’s Laws of War in Vietnam were many and very instructional. The first one I heard was Friendly fire…isn’t. We, as Veterans, were given a promise when we signed our compact with the Government. It sounded like a fair shake. It didn’t promise us the moon, but it certainly didn’t sound incredible or unattainable. What, then, to make of the current state of affairs? 

     Were you to file a claim with your insurance company for an auto accident that wasn’t your fault, it would be adjudicated in short order. What would you do if there was only ONE insurance company in America that was hopelessly overwhelmed and refused to subcontract the work out to overcome the backlog? What if you had to wait for a year for a decision which was invariably adverse because they had poorly trained personnel assigned to your claim? And everyone else’s? If you  were  dissatisfied with the outcome and appealed the findings, would you be nonplussed to find yourself waiting several years to get your car repaired? 

     We find ourselves, as Vets, disenfranchised simply because our nation has chosen to fight multiple wars in succession without sweeping up the broken glass in the interim. We are assured that this is a temporary aberration and soon things will be better. Meanwhile we wait. All the while more casualties are piling up requiring yet more claims personnel who are not forthcoming. More promises and IOUs are handed out-again with more excuses for the delay.

     The Veterans Administration becomes more and more choked and bloated each year in its attempts to “streamline” the process. At what point will it become a “Veteran friendly environment”? We never shirked our responsibilities when in uniform. To have done so or even threatened to would have resulted in severe discipline. So why is it that the employees we pay for with our taxes are allowed to collect their paychecks irrespective of whether they complete our claims in a timely manner. I submit that the tail is finally wagging the dog. 

     So, ladies and gentlemen Vets, when you submit your claims in the future, recognize your adversary. He/she will be smiling and sending you all manner of  pleasant literature that says you will be accorded great respect. They will tell you that they will attempt to grant you any and all remuneration you are entitled to. The operable word is “attempt” The unspoken reality is the time element. You may even enlist the help of a VSO who will tell you about the untold riches which await you upon service connection. Silver tongued devils all. It has been said that if it sounds too good to be true, it is. You are being subjected to friendly fire and VA is attempting to convince you that it is unintentional. 

     Murphy’s law of bombs held that Napalm and cluster bombs were incredibly accurate- they always hit the ground. VA’s promise to accurately adjudicate your claim as rapidly as possible is no different. However, the words “accurately” and “rapidly” are open for interpretation and wildly exceed the parameters envisioned by Miriam Webster. 
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New and Improved AO

Posted on September 30, 2011 by asknod

Some of you probably thought that Dow Chemical quit manufacturing Agents Orange, Blue, White, Pink, Purple and Green after the Vietnam War. You would be wrong. Agent Blue is still manufactured and used extensively in theUS. Agent Purple was 300% stronger than Orange. White was used late in the war, but the picloram was contaminated with cancer-causing HCB. Agent Green was usually mixed with Agent Pink and they both consisted of pure dioxin- the cancer causing ingredient in Orange.  I don’t doubt that Dow continued to sell out  its stocks or shipped them to third world countries after they lost the Government contract. They probably rebranded it as Weedbgone or Nuke-it. Why throw it away perfectly good defolieant when you can sell it?  That stuff sure as hell has no shelf life.

What I really wanted to convey here was the availability of something as nasty as AO for killing  vegetation. I have been using something called monobor chlorate for almost 30 years. Its remarkable. It comes in white pellets or you can dissolve them into water. The former method will require a rainfall to activate it. The latter can be poured on anything or anywhere you don’t want things to grow. Sounds a lot like AO, no? I think its much safer., but I still suggest wearing plastic gloves and a paper mask when spreading it. I wish they’d told me to do something similar in 1970 when the C-123s flew over. This stuff is megatoxic and will probably warp your genes as if Orange or Blue hasn’t already.

Nothing grows for 2 years. Monobor claims only one year because they don’t like to brag. Not only that, if your neighbor has some pesky trees that are obscuring your expensive 270 degree view of theOlympic Mountains, whip up a super condensed batch of the liquid version and water his trees with it late at night. After several days the needles will start to brown and fall off like an unwatered  Christmas tree. Be careful though. Do one tree at a time so it will occur gradually. A $60.00/hour  arborist couldn’t even figure this one out. I know because I went over and offered my theory on the cause(global warming).

I normally use it on my gravel driveway. That was the original idea behind it-not my neighbor. Its a heavy metal product and is reputed to sink straight in and not migrate sideways or downhill. It works equally well on tall Douglas firs and  short  dandelions. I would have named it Agent Brown or Treebgone.And just who would you suspect was the manufacturer of this fine product? Pro-Serve, Inc., a subsidiary of Dow. Their motto? What else? Better living through chemicals.

Next week we’ll discuss pesky neighbors and how to whip up you very own homemade napalm (foo gas) with nothing more than  Diesel, gasoline and Tide laundry detergent. And you thought it was just for whiter whites and redder reds!


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