OUR POTENTIAL NEW VA SECRETARY DOUG COLLINS

Posted on November 17, 2024 by asknod

I find it interesting that every time we go through the machinations of installing a new VA Secretary, that all manner of trepidation and fear race through the minds of the Veterans’ population. Well, perhaps the minds of those who concern themselves with these matters at any rate. What the hey? Count me in. I’ve had the pleasure(?) of witnessing each and every one of them from Derwinski to Denis ascend the Vermont Avenue NW Throne. Some I felt were pro-Veteran and some not. So let’s unpack Mr. Collins and see what’s under the hood.

First, and foremost, I’d note that this is a departure from the previous President’s VASEC choice inasmuch as he’s actually a Veteran this time. I don’t feel that’s a prerequisite for the job anymore than being Mayor of South Bend, Indiana qualifies you for the job of Secretary of Transportation. Shucks. Say what you will but Pete was a former Naval Intelligence weenie from 2009 to 2017 before becoming mayor. I can’t say with any confidence that it prepared him for any of his later jobs but we  gave him a shot at it. Right?

 It would seem that T ’47 is nominating quite a few former military Veterans. I think it will be interesting to see how all these choices pan out. But that’s not the reason I called you here today. Mr. Collins certainly doesn’t fit the mold of who I would expect to take the reins of the VA. He was a former Naval Chaplain and is now an Air Force Reserve Chaplain. Based on that, he will need to prove himself but he needs to be installed first to show us his potential. Conjecture on his qualifications beforehand is pointless.

The talking heads of media seem perturbed he comes from the Baptist faith. All I can say about that denomination is they put their hearts into their sermons and sing at the top of their lungs. We had a First Baptist church down the road from our Episcopal house of worship when I was a kid. They could drown out our Doxology plaints from a quarter mile away. With that said, I don’t think being a Baptist (or a Chaplain) is a disqualifier for this position.

Considering some of the choices I’ve read about in the last four years for various other Agencies, being a Chaplain might be a tremendous asset inasmuch as he’ll have more compassion for the Veterans’ plight. It certainly can’t hurt. I need look back no further than Jesse Brown to wonder how one of our own- a Viet Nam combat Veteran- confirmed to the office by Congress- could fight so hard at the CAVC to defeat his fellow Veterans he served with in the ‘Nam in their early fights for Agent Orange benefits. But then, I guess that could be said to some degree about all VASECs to date. They work for the Guy that cuts their checks…

A VA Secretary is ostensibly entrusted with the welfare of all Veterans from all walks of life regardless of their race, gender (as determined at birth) and religious or political affiliation. It seems almost counterproductive to spend your whole tenure protecting your turf, denying Veterans and pissing money away like a drunken sailor (no pun intended) at the Court to deny deserving Veterans. If we look back at the historical record, we see Secretary Peake spent untold millions fencing out Blue Water Squids (Haas v Peake) only to see it fall a decade later ignominiously under the Procopio decision. We even had to fight to get the “inland waterways” definition changed to get Cam Ranh Bay and Da Nang Harbor included at one point. VA considered this a major concession. See? Nonadversarial. Veteran Friendly.

Witness the long, protracted fight (from 1991 to 2022) for Agent Orange presumptions for Thailand and Laos Veterans -including my Air America brethren who, incidentally, also receive their benefits from VA. All of these fights entailed massive expenditures of your tax dollars against you only to be eventually subsumed by common sense. Any previous VASEC with an ounce of compassion would have entertained arguments that might have a basis in fact rather than acting like that “contrary” Indian (Younger Bear) in Little Big Man.

Younger Bear of Little Big Man fame

I don’t wish to inject my own tribulations into this but can you imagine a 13-year fight for a greenhouse that encompassed three trips to the BVA, three extraordinary Writs,  three Veterans Law Judges’ salaries and untold millions of dollars in litigation at the Seattle Regional Office only to be begrudgingly conceded in spite of §3120’s guarantee of the ILP for severely disabled Veterans?  Congress promised 2,700 Veterans with life-threatening disabilities they would be given things to lessen their dependence on others. The year I first prevailed (2015), VA VR&E poohbahs could only find 1,457 deserving souls who qualified. It was below one thousand when I prevailed again this year. I assure you there were, and are, millions of us vying for those thousands of slots yet VA would have you believe they somehow fell short of measuring up or were “independent in their activities of daily living.”

So, when considering former Representative Collins for this job, what metric should we apply? Does being a chaplain (and an attorney) automatically disqualify him? Does being a former congressman disqualify him? Does his former job in the Congressional field versus a lifetime tenure in an executive capacity at, say, the State Department leave him skinny in the experience field?

Considering we’ve been getting the shitty end of the Punji stick since the Revolutionary War, I’d say a chaplain might be just the ticket for a prospective VASEC. If your prescribed mission is ‘for he who has borne the battle, his widow and orphan child”,  it would seem a man of God might already have a leg up in this endeavor.

Politicians, and I’m not pointing fingers at anyone, seem to have a proclivity for passing out these plum jobs to those who have stood shoulder to shoulder with them once they are elected. It very well could be that Mr. Collins is reaping his just reward for being a loyal acolyte of Trump’s. But then, it could be that he has extraordinary insight as to how this job might be done better than his predecessors. Considering the previous inhabitants of 825 Delay and Deny Avenue NW have made a hash of the job for 35 years, how could anybody do worse?

I suppose it could be said, by the same token, that the job of Defense Secretary being held by inept, morbidly obese chuckleheads who have never heard a shot fired in anger has not kept us out of endless imbroglios in foreign countries where we have no dog in the fight. One would think that, of all jobs, America’s Defense would demand a Veteran as a prerequisite. So why not give it to a relatively untested, lowly former Lt. Colonel who sports a Bronze Star and a CIB? How could he possibly be worse in the scheme of things than the long line of civilian Bozos who preceded him? Doesn’t anyone remember McNamara? His claim to fame was running a car company.

Several of you who read this drivel  suggest Mr. Collins might be a harbinger of change at the VA and reduce or eliminate the medical arm of the Agency. There seems to be some trepidation that he will inject Project 2025 into the mix and reduce Veterans to abject poverty. Newsflash. In my view, that eventuality is already upon us. Congress begrudgingly gives us a meagre budget considering their  propensity to start wars and create shit tons more disabled Veterans. Each newly disabled Veteran essentially dilutes the amount of money for all of us Veterans collectively. Ergo, if you find yourself in the proverbial money hole, quit digging it deeper by manufacturing more disabled Veterans.

I, for one, am a positive thinker. If it’s broke, and has been since its most recent iteration back in 1918, why in Sam Hill not try a different approach and see if that works? Why this insane desire by the powers that be to keep repeating a litany of errors that haven’t reduced the backlog one iota? Each new approach, such as the AMA, has been touted as the panacea for all the previous years of inefficiency. I recall the advent of the conversion to electronic records from paper files (VBMS) was guaranteed to speed this up to 186,000 miles per second. In 1992, a legacy appeal with a hearing took a year from the Form 1-9 certification. Under AMA, this very same appeal has metastasized into three and a half years-if you decided to stay in Legacy; more if you opted into AMA.

Captured 122 cm rockets

I say we give Mr. Collins a shot at repairing a broken system. I doubt he could screw it up any more than it currently is. That’s not to say he’ll be any vast improvement over his predecessors but we can at least pray he will (pun intended). To say he’s arbitrarily unqualified to take the reins without a plausible reason only reinforces my opinion that certain politicians couldn’t care less about our plight and wish we’d just shut up and go away. That, my friends, is not in the cards. We owe our Disabled Veterans far more than lip service and a ‘thank you for your service.’ It makes little difference which political stripe you sport. If they’re peeing on your leg and telling you it’s raining, it doesn’t really matter if it’s democrat pee or republican pee in my book.

Lastly, I’d say that Denis McDonough (or at least his little people) have fairly responded to some of my most urgent pleas for my most disabled Veterans. In that regard, I’ll miss him mainly because I’ve established a line of communication. With the changing of the guard, a whole new job of introducing myself will create a speed bump for a while.

  Navy Liberty chits…

Posted in VA Secretaries | Tagged , , , , , , , , , , , , | 3 Comments

MILEPOSTS-Don E. Hill 1942-2024–VIET NAM VETERAN

Posted on November 17, 2024 by asknod

Pause in your daily ablutions today and pay your respects to a wonderful father, a Viet Nam Veteran and a true American patriot. Don came to me belatedly in April of this year via his loving wife Cheryl. It seems VA wasn’t too impressed with the fact that his monomelic amyotrophy (a recognized variant of ALS) wasn’t truly ALS. Can’t have that. My biggest regret is that they didn’t find me far sooner. As Mick says, you can’t always get what you want.

Don passed away last Tuesday at the Michael E. DeBakey VAMC down in Houston at 0819 Hrs. after a very long battle with prostate cancer, the ALS and a host of other nasties like rectal cancer that concluded with a colostomy bag. VA doesn’t believe it had anything to do with our old friend Agent O. Sadly, I won’t be able to fight that one for him but we are fighting like a rabid pit bull to get the ALS issue SC and make sure Cheryl gets her DIC. My old squadron logo of Win or Die™ is my assurance I won’t give up.

Don’s prostate cancer never went into remission. He was 100% for that from July 2015 so he missed the ten year test for the DIC by a miniscule eight months. All that’s left is a prayer for his death certificate to state the prostate, the DM II, the hypertension or a possible AO disease like IHD to be the culprit. Failing those, I’m going after a post-death IMO for the rectal cancer or the amyotrophy = herbicide as a contributing factor to his eventual demise.

I consider myself blessed beyond words to be allowed to advocate both for him- and now- his surviving spouse. He fought his diseases long and hard for years only to auger in shy of the finish line. Don was a proud Marine from ’61 to ’66 and got in on the early fights up in I Corps. and had been awarded a Purple Heart. He’s lucky he was issued a M 14 and not one of them toy Mattel© M 16s. Oddly, he was never awarded his Combat Action Ribbon to go with the PHM. I’ll be contacting his Congressman directly in hopes of rectifying that oversight. Better late than never.

Rest in Peace, Don. While I never got to meet you in person, rest assured I’ll move heaven and earth to ensure your wife receives her DIC. You can take that promise to Heaven with you. Were the shoe on the other foot, I’m sure you would do no less for my Cupcake.

Posted in Milestones, Vietnam Disease Issues, Vietnam War history | Tagged , , , , , , , , , | 2 Comments

VETERANS DAY 2024–SOSDD?

Posted on November 11, 2024 by asknod

So… here we are in 2024. A whole year has gone by and some amazing occurrences have transpired. Or not, depending on your philosophies. Without trespassing into the forbidden subjects of religion or politics, I’ll try to illuminate where we stand this year. Veterans are pretty much still in the same boat they have been in since the War of 1812. Many promises made but few honored. 

Think back to the heady days of the VA Community Care Act of 2018. We were promised a glorious future free of traveling 160 miles at 41.5 ¢ for our medical care. We could simply ascertain it would take more than 30 days to get an appointment and then go to a local doctor, dentist or orthopedic surgeon in our community. Has anyone noticed that it might be easier to get an appointment sooner at the VAMC these days? My dentist informed me last year that he was no longer accepting VA’s financial guarantees after a two-year wait for a crown payment.

Remember President Trump passing and signing a law during his tenure giving him/them permission to fire a VA employee for egregious errors or blatant misfeasance? All we saw of that one was VA employees getting promoted up and out or allowing them to resign with their pensions, effective immediately.  You’d think it would operate like the military. You’d get recalled to active service, demoted or punished appropriately and then sent packing with your financial tail between your legs. It  was touted as the ‘see you later, alligator’ Act. It was about as effective as installing screen doors in submarines.

Over the last 35 years, I’ve   observed the slow progress we, as Veterans, have made in various areas. As was expected, the definition of what constituted a true, herbicide-exposed Viet Nam Veteran has expanded in fits and spurts. I actually still had Thailand Vets waiting in line at the BVA for the last five years who “statuted” into the PACT Act presumption while waiting for the decision. VA tried to only grant the August 2022 PACT  Act effective date rather than the Vet’s 2015 date of claim. If you complained in an HLR, they’d do a staged rating and give you a 0% from ’15 until 2022 and then kick it up.

Remember Cream’s lament “If it wasn’t for bad luck, I wouldn’t have no luck at all. ?” Somehow, it seems that way for us. The guys with the gill slits, who were almost 12 miles from any overspray, got the Procopio AO presumptive years before documented Thailand Vets (including a few of us “Togetherweneverserved” folks in countries to the North and East of Thailand) were granted the presumptive.

But, I think I should point out the disparity of being granted Nehmer Class status versus being granted PACT status. If you had filed for Parkinson’s under Nehmer as a boots-on-the- ground Vet in 2002 due to exposure and were denied, you could reopen in 2020 and win… plus get your effective date moved back to 2002 under §3.816(c). If you were newly inducted into the Thailand PACT Act for Parkie’s in 2022, and you had actually filed in 2002, you’re plumb shit out of luck under §3.816(c). Sometimes, being made a member of a new class of Vets doesn’t ensure you get benefits commensurate with your belated “Welcome Home!” parade.

Winner 2024 Horse Halloween

I don’t complain too awful much but VA seems to have a marked proclivity for begrudgingly relinquishing decades-old entitlements withheld but arbitrarily changing the rules to eliminate any possibility of retroactive benefits. Think back to the original §3.350(j) TBI benefit of SMC T. WWP pushed hard for this back in 2010… but only for post-911 Vets. It wasn’t until Congress in 2018 decided that clashed with the ‘E’ in DEI and granted the benefit to all Veterans… but still phased it in so as not to be too overly generous.

Concurrently, it seems VA, whether by their ignorance or by planned contrivance, has misconstrued virtually every last one of their SMC regulations to our financial detriment for decades. Witness the charade of  TDIU not technically being the same as a total 100% rating until 2008. Or the Buie decision saying who cares what order you got your SMCs? You get to assemble them in such a way that benefits you the most under §3.103(a). I could easily continue with Jensen, Breniser, Barry or Haskell/Laska. When will it end? Considering VA’s avowed nonadversarial stature, they sure are niggardly with their our benefits.

Veterans are the lifeblood of our Nation. Our citizens should cherish us as a National Treasure. Who else are they gonna call? Ghostbusters? Without us, our nation might be speaking English with a decidedly British lilt…or even German. We didn’t ask for much. I remember my monthly basic pay as an E-1 was $87.35 a month. Granted, that was 1969 but if you were to COLA that out to 2024, it would probably be about $550/month. Fat chance you’re going to attract many high quality, 4.0 grade-point average high school graduates for that kind of chump change. What the hey ? Mickey D hamburger stands pay higher than that.

The VA, and the military, by extension, offer little more than third world wages and medical benefits to Veterans that pale in comparison to the civilian sector. In this day and age we have Obamacare. Say what you will about its pros and cons but it’s at least available without a 30-day wait to get in. More importantly, you’re not forced to travel 234 miles one-way from Shafter, Texas to El Paso just to get your teeth cleaned and a cavity filled for free. Or meet with your VR&E counselor about your ILP claims because they demand an in-person meeting. In VA land, ‘free’ is a rather nebulous term- kinda like trying to define what the mean of ‘is’ is when discussing stains on blue dresses.

As many times as we Veterans have laid eyes on yellow ribbons and paper poppies annually, we continue to come away with little more than parades and Thank you for your service. Fast food restaurants offer free meals. VA hosts “Stand Downs” and hands out socks, toothbrushes and other sundries to homeless Vets yet VA says there’s no money to staff a 24-hour hotline for suicidal Vets. That speaks volumes to what they think of you.

We’ve pissed away billions on the Ukraine War and we don’t even have a dog in the fight. I shudder to think what might happen if someone decides we do. Been there. Done that. We can’t even honor the West LA campus promise of a home for indigent Vets guaranteed over a century ago. Instead, VA rents it out to Hertz rent-a-car, an oil drilling company, and a ballfield for a private school. They’ve fought the DOJ for years to keep homeless Vets out. That’s the VA who serves us Veterans. They spent thirteen years and probably over a million bucks denying me a greenhouse before they chieu hoi’d and granted it. They spent millions more denying my claim back to 1994 -only to concede error after twenty two years at the CAVC. And that’s just one Veteran. Try multiplying that by 3 million more Vets to get a feel for how far off the reservation these yayhoos are.

It is my undying hope that at this time next year when I write an article on this hallowed Armistice Day, that I will be singing the praises of a new, reborn VA, led by a conscientious Secretary who considers his job nothing less than a sacred duty to care for us. Sure, I can see there will be times when a Veteran will come forward and claim some benefit based on an alien abduction theory. To me, that’s what the Court of Appeals For Veterans Claims was invented for- not a running gun battle to deny at every turn.

I long for the day when they change VA’s motto to:

There are some things money can’t buy…

For everything else, there’s a VA Mastercard.

P.S. I’m sorry but  had to 86 a flamer who’s mentally unstable. Hopefully “Kay” aka Karen will now leave us in peace. She’s seems to be having  some form of derangement syndrome. We wish her well but she’s simply over the top. I hate to censor folks. She’s only the second one in the last 26 years. We earnestly hope she’ll get back on her medication regimen and get better. 

Posted in Veterans Day | Tagged , , , , , , , , , , , | 5 Comments

VA AID & ATTENDANCE–RAISING THE ANTE

Posted on November 3, 2024 by asknod

Ever since Congress instituted this statute (§1114 now but §314) back in the waning days of WW II, it has remained a mystery to most. VSOs are neither taught the art nor allowed to even acknowledge its very existence. I reckon I don’t know what they call it but it isn’t SMC. In the last 8 years, as most of you know, I’ve raised quite a ruckus over it and managed to get a lot of guys (and gals) fairly high SMC ratings. 

Aid and attendance is technically a misnomer because that is only one facet of a fourfold entitlement described in §3.350. Once you reach 100%-or TDIU for a single disease process- you are technically entitled to have VA put you under the microscope to determine if there is any way possible to give you more money.

Think about that. They are required to perform this analysis. If they don’t, technically, they’ve committed CUE. Fat chance you’ll ever make that stick. So, if you ever intend to get SMC, you can’t lollygag around and wait for them to figure it out. SMC is one of those actual freestanding claims that exist, as I said, but requires no filing. It’s due and payable on the day medical evidence says you were no longer able to accomplish the activities of daily living yourself and required someone to help you.

In this game, we/you file for it and once we/you win, the fun begins as to what date it can be proven your need arose. As can be expected, VA will assign the day of the a&a DBQ was executed rather than the day your medical records say you couldn’t a) walk; b) went blind; c) needed a&a; or, d) became bedridden.

Yesterday, I got a rating decision (RD) back from VA in VBMS. Let me say that the brand new client decided, in spite of my strict orders, to go down to the VAMC armed with a horribly screwed up 2680 and try to help me get his  a&a … before the ink was dry on the POA. They asked for SMC pension rather than compensation. They filled out the claimant area with the wife’s info and DOB/SSN. The doctor didn’t finish filling out the form by adding his name, rank, airspeed and tail number and even forgot to include his National Provider Identifier (NPI). Worst of all, probably, is that the Vet asked the doctor to file it for him.

The first time I set eyes on it was fifteen days later in his documents queue. I won’t burden you with the details but it seems some just do not read the cover letter instructions. I get that. It happens most frequently with my TBI clients and I can understand. They aren’t hitting on all 8 cylinders nor should they be held to account. But… when you put in a cover letter (below) that explicitly states “don’t do anything before you run it by me”, and they do the above, it’s bound to add about six to sixteen months to the process.

Blue ink Cover Letter for Client

Now, don’t laugh but each and every one of those big huge bolded 18- to 24-point fonts saying do not date the documents have been added, bolded and made larger in direct proportion to the frequency of error. For almost ten years, I’ve begged my folks to just give the VA pukes who call and try to get them to do something stupid my phone number.

Within five days of a mishap, I’ll see a VA 0820 report of contact where a VA ‘technician’ will note that the Veteran was called and he gave them all manner of wrong information. Worse, some fill out the 4142 and 4142a  forms and return them adding ungodly delays to their claims. After mailing them, they email me and ask if that was okay. Cupcake says I’m just not making myself clear.

This article is written to help all of you who have that insane desire to help your representative. Think about this. With the VA claims process being more difficult now that it ever was in the past, you rightfully should choose to have a ‘hired gun’ take your claim on. S/he is generally far more skilled in the process (or should be). Thus, it probably would be in your best interests to ask questions at every turn in the road if you feel uncomfortable. Acting unilaterally, as these folks did, can be harmful and cost you years in delayed justice.

Now, with that said, I want to show you a brand new technique of denial these folks experienced. In VA law, there is a duty to assist. VA flat-assed refused to call this old boy in for a c&p. The a&a 2680 and his records clearly and unmistakably supported a claim for a&a yet they try to make him provide the evidence in support of his claim. That’s plumb backasswards.

Worse, perhaps, is demanding an explanation of why he has trouble remembering to take his medications. Remember, §3.352(a)’s list of what might cause a need for a&a is not limited strictly to what is listed. Lately, we’ve  been seeing a&a denial logic experience mission creep. I’m seeing the raters begin to use peripheral neuropathy terms saying there’s only a slight or moderate need for a&a- not a severe need.

The fact of the matter is simple. If you’re SC for a disease injury at-or close to- a full-blown 100 or TDIU, and the doctor fills out the 2680 saying you can’t button your shirt, that is a diagnosis. Period. End of discussion. And in VA law, a claim for compensation is a claim for pension-and vice versa. VA knows this so that one-liner in there about ‘you filed for pension, dummy’ is waaaaay off base. VA now begs to differ or triage the need into the slight/moderate/severe need. Worse, perhaps, is the need to go to the BVA and get them to call bullshit on theses techniques. That adds about two years to the process and never teaches VA a lesson. They just keep doing it unless someone takes it to the CAVC and the Judges cut some precedence saying ‘knock it off.’

So, for your edification, the below RD is so riddled with errors that it reeks. VA has the ability to contact me and ask for clarification. Moreover, they have an obligation to haul this old boy in and take a gander at all his disabilities instead of doing an ACE review with the binoculars backwards from Syracuse and call it a fair denial. This is why they invented Agents and attorneys to supplement the VSOs who might otherwise get buffaloed into agreeing with their good VA rating buddies across the hallway.

redact denial a&a 11.02.2024

The good news in all of this is we’ll win. The gentleman here in question has a 100% bent brain rating supersized with a heapin’ helpin’ of TBI. His PTSD DBQ says he he lacks the ability to keep himself clean and presentable and has suicidal tendencies. They didn’t say if  his inability to keep clean was moderate or severe either. Shoot. He probably needs another c&p or two to figure that part out.

Posted in Aid and Attendance, C&P exams, How to Qualify for VA SMC, SMC, Special Monthly Compensation, VA Agents, VA Attorneys, VA special monthly compensation, VBMS Tricks, Veterans Law | Tagged , , , , , , , , , , | 1 Comment

Why I’m Still on a Mission

Posted on November 1, 2024 by Wesley McCauley

Alex has been on me for quite some time to share a story with all you fine folks. So finally, here it is. My name is Wes and I run United Veteran’s Disability. I have been accredited since September of 2021 and also practice at the Veteran’s Court. I stumbled upon SMC by accident. I had helped get a navy veteran from where I was living obtain TDIU. I had heard of VA Form 21-2680 before, but truthfully had no idea what it did. I asked him if he wanted to submit it and see if the VA would give him a hundred bucks or so extra a month. He said sure. So we submitted it, got denied, and I got it granted on a HLR. But, it wasn’t any chump change. When I saw how useful this form is, the rest is history, and I have since learned about SMC any time I can, and became rather knowledgeable. I have left out a lot of finer details in Denise’s case on purpose. I would encourage you to purchase her book (no financial incentive for me, by the way) to hear in her own words the basis for the denial. So, without further ado, I give you the story of the oldest continuous appeal I have ever seen, and why I am still on a mission.

I guess I should take a moment to tell you how in the world we got here. I began representing Denise on July 12, 2022. That put me at the ripe age of 23 then. By then, Denise had been litigating this case, continuously, for longer than I had been alive. She had been previously represented by some heavy hitters in the VA world. What I thought I could do better than them? I had no idea. I didn’t even have a paralegal, let alone umpteen attorneys on staff! As you read this, I hope to convey to you that the American Dream is alive and well. I don’t know who said it wasn’t, who said the little man can’t get ahead, because I am living proof. Denise is living proof. You are living proof. It’s just not true. I don’t have decades of experience, but in my short adult life, I have lived the American Dream. I have represented the best Americans this country has to offer, have helped change people’s lives, and have been able to make a living doing that. It just doesn’t get better than that!

That reminds me, how did I even get connected with Denise? I browse the Court’s recent rulings Monday-Friday. You have to if you claim to be “up to date” in any area of law, this one in particular. I noticed Denise had filed a Petition with the Court seeking action on what she called her “decades old” “egregious error”. I think God sometimes just puts people at the right place and at the right time. So, I sent Denise an e-mail asking if she wanted some help (in hindsight, there is probably some ethics violation there, soliciting clients, or something like that, but hey, I could tell she needed help!). We exchanged a few e-mails, spoke by phone, and agreed on representation. Quite honestly, the more Denise spoke, the more I was thinking yeah right. There is no way what she is telling me is remotely true. Someone would have put a stop to this by now. Well, to my shock, it was all true. Years and years of countless decisions, ignoring evidence, or just remanding the claim for something pointless to delay a final decision. My first order of business was to put the file in order. Everything that had happened from 1996 until the present. As of this writing, as best I can tell, there have been over sixty-three decisions concerning this case. I put them all in order and began reviewing them all. When I was done reading, disgusted would be a good adjective. By this time, Denise had already written a book on the VA appeals process, Stall, Deny and Hope They Die” – The VA’s Unwritten Policy: …The Story of One Widow’s 19-Year Battle with the VA.

Okay—now that you’re up to speed, it’s time to get to work. Denise came to me just after a Supplemental Statement of the Case (SSOC) had been issued. In VA speak, the Board had remanded her claim (by this point, it was obvious to delay on a final ruling). The Board wanted some records that they’d already been told didn’t exist due to the age of the records sought. Back in the day, when the Board remanded a case, the Regional Office would do whatever the Judge directed and make a new decision. If the decision was against the claim, you got a SSOC with a two-sentence statement on why it was still being denied. Then after 30 days, it would go back to the Board for a new decision. The Board could again remand, deny, or grant.

I got together an extremely thorough brief. It laid everything out, top to bottom. I want to share my opening statement.

“It is, however, regretful that this appeal has strayed so far from its original solemn meaning. That is, an American service-member died as a result of his faithful service to our county. Out of all the facts in this case, that is likely the only undisputed fact. Yet, it is the least discussed fact.”

To this day “Judge” Harvey P. Roberts has never acknowledged that. I use the term Judge very loosely. By this time, I had reviewed the entire file—years and years of litigation. I laid out every fact to the Board. This was crystal clear. I had laid out everything. No way they were escaping this.

Well, you haven’t met Judge Roberts. See, one of the problems that plagues the VA system is remands. A remand isn’t a final decision. It isn’t a final yes or no. Because of that, you don’t have the right to appeal a remand to the Veteran’s Court. What this means is that that the Board can theoretically (or actually do given this case), keep you on the hamster wheel in perpetuity. That is just what happens here. Despite the evidence being clear, the Board remanded the case once again to obtain records from an old Court proceeding. Records the Board had already been told were destroyed long ago. It was a big let-down. I had put so much work into this brief. I really thought once they had all the evidence laid out, there would be no choice but to grant Denise’s appeal. Instead, the Board made up a reason to string things along.

Fast forward a few months. Yet again, we are getting another SSOC. I was able to obtain a letter from the Clerk’s office that the Board had previously been mailed and e-mailed the same records they remanded the case again for. So, I submitted that as evidence to show that this game has to end at some point. The case worked its way back to the Board. I had thought a lot about filing a Motion to Recuse Judge Roberts off and on for some time. Denise had often mentioned it to me. I always wanted to just stick with the facts. Discuss the merits of the case instead of point fingers. Finally, I did it. I filed a Motion to have him recused and taken off this two-decade old appeal.

In November of 2023, I filed that Motion. The very next decision from the Board came in March of 2024. The appeal was granted. So, there you have the condensed version. I began this journey with Denise, one that she had already been on for decades, in July of 2022. In March of 2024, her appeal was, finally, granted.

Redacted Motion to Recuse

Redacted Board Grant

This case is certainly one of my most memorable cases. Whenever I go to conferences, I usually have a few folks who want to hear the story. Every time I tell it, it sounds just as unbelievable as when I first got involved in this case. I am extremely thankful Denise allowed me to bring it to an end for her, and even more grateful for her diligence in advocating for what she knew to be right.

That may bring an end to this case, but I’m still on a mission. The truth is, there is no shortage of veterans, widows, and survivors who are wronged by the VA on a daily basis. There have been a lot of changes within the VA in recent years. The Legacy system, even with appeals still pending, hasn’t been in effect since February of 2019. Then there is the “AI Revolution” we have up and coming. The VA is implementing a lot of AI to help manage its caseload. However, I can say with confidence, at present, this is hurting veterans. Claims are being improperly closed. Employees are relying on AI to do their work instead of actually reviewing files. Things may be changing, but the system is still strained.

Let me put it to you like this. We have a whole generation of Vietnam veterans that are turning 70+. Rightfully so, those veterans are looking to the VA and filing claims for their end of life care. As time goes on, these veterans are being more and more disabled and they are turning to the VA to care for them by filing claims. I have had several Vietnam veterans who have filed their first ever VA claims within the past year. Then, we have the PACT Act which brought in over 1.3 million claims since August of 2022. Oh, by the way, did you know that we have also been at war since the early 90s? Anyone saying the influx of claims we now have is a surprise is “dead from the neck up”. Anyone could have seen this coming from miles away.

What this poor planning causes is longer wait times, poorer quality decisions, and more appeals. I guess I should also be clear on who I am blaming here. Like any organization, leadership has a top-down effect. The Regional Office employees I often deal with are great folks. I would wager to say that the majority of them want to help veterans. Heck, most are veterans, too. However, when they are being pressured to make x number of decisions in a week, instead of make x number of quality decisions in a week. That is a real problem. The results are people like Denise get left behind.

That’s why I am still on a mission. Our nation is the greatest nation on Earth, and we have so many to thank for that. One of the best parts about my job is the opportunity to represent so many ordinary people who have done such extraordinary things. These people are ordinary Americans, who grew up in ordinary homes, with ordinary parents, but they chose to do extraordinary things to protect our nation. Denise’s husband is one example among millions. If you are reading this and are a veteran, you are among those millions. We owe you a debt of gratitude beyond what words can describe. The government has promised veterans a square deal. We will take care of you in exchange for your protection of our country. Until that promise is 100% fulfilled, you will find me, still on a mission.

New VA Neuropathy Test. Order through your local VAMC prosthetics department.

The Supreme Court first articulated the pro-veteran canon in 1943, stating that we must “protect those who have been obliged to drop their own affairs to take up the burdens of the nation”. See Boone v. Lightner 319 U.S. 561, 575 (1943). That couldn’t be truer today. We have millions of veterans who have dropped their affairs to take up our burdens. I believe I have had a unique opportunity to see the older Vietnam veterans age and recall their stories, while also seeing young men return from the war on terrorism. It gives a very unique perspective. Regardless of the generation, our nation has always been worth protecting and has always had those willing to “drop their own affairs”. That tells you we are living in a great place, despite what anyone on the news would tell you.

To every veteran reading this, I am eternally grateful for your commitment.

Godspeed.

Biography

Wesley is an accredited representative and is also admitted to the U.S. Court of Appeals for Veterans’ Claims. Wesley’s entire practice focuses on “putting Veterans and their families in charge”. Wesley has litigated cases at the Regional Office, Board of Veterans’ Appeals, as well as the U.S. Court of Appeals for Veterans Claims. He has handled everything from hearing loss claims to extremely complex claims, such as this one. His practice focuses on Special Monthly Compensation claims for our most severely disabled veterans.

While working as the Operations Lieutenant for his local fire department during college, Wesley found his love for veteran’s law. Wesley was born and raised in rural south Georgia, where he continues to enjoy living. Many of his friends call him a “true southern gentleman”. While attending Valdosta State University, a community also home to Moody Air Force Base, Wesley saw the lack of quality representation available to veterans and their families—even in a military community. This led him to become a VA accredited representative, seeking to serve veterans and their families. Following his time in the Fire Department, he founded United Veteran’s Disability in September of 2021.

Wesley has represented some of our nation’s finest, including a World War II POW, combat veterans, Camp Lejeune veterans, submariners, Vietnam widows, Coastguardsmen, Infantrymen, FBI agents, and even VA employees. Wesley says each have a common thread, “love of country.” He has successfully recovered millions in benefits for veterans and their families. His largest single recovery totals over $525,000 in backpay. He has handled both medically and legally complex claims. Wesley believes in the importance of maximizing benefits for veterans, and his clients are regularly awarded Special Monthly Compensation to help compensate veterans above the 100% rate.

Wesley is a sustaining member of the National Organization for Veterans’ Advocates, a member of the CAVC Bar Association, Military-Veterans Advocacy, and is a lifetime member of the National Eagle Scout Association. Outside of his practice, Wesley enjoys traveling with his wife, especially visiting our U.S. National Parks. Together, they plan to visit all 63 U.S. National Parks.

Author’s Note

Yes, Denise has given me permission to share her name, book, and case details publicly. Additionally, I do not mean to disparage Judge Roberts. It is my genuine belief he had a personal bias against Denise, for whatever reason. Either that, or an inability to grasp the legal concepts and applicable law associated with her appeal. That is evident by my review of over sixty decisions in this case, which includes multiple Court remands. Regardless, I believe it speaks for itself that the very next decision following his removal from the case was a full grant.

Posted in Uncategorized | Tagged , , , , , , , , , , , | 9 Comments

BVA–OSA-25 OR 6 TO 4

Posted on October 18, 2024 by asknod

This is an outlier for me. I normally don’t dabble in OSA claims but Carey is a son of a dear friend, as is his brother Brandon, both of whom I represent. So, if you’re gonna play VA poker against a foe who will do anything to deny you, one thing you’ll need is a super duper killer IMO. What better place to get one than Mednick Associates? I’ve been using them since 2016 and am still batting .1000. 

This was a long time coming. When I say ‘dear friend’, I mean my good friend Bruce Almighty.  He’s the one with a greenhouse who inspired me to go for one. Bruce was a four-tour Dustoff Medic. Carey, his son, was a Gyrine who did a couple of tours in the Sandbox and came home with a few chips and dents. He’d filed over the years and got the Bum’s rush more often than not. I took him on back in ’21 and began fixing all the things other folks had done wrong. He retired in ’22 finally as a Captain. Cool beans

I got him up to 90% but his OSA claim was still in the developmental stages of denial when I started. Once it was denied, I went to Mednick for the IMO. Believe it or not, lowly FNPs were denying it left and right. Not once, but twice and thrice. A virtual parade of doctors, psychs and them FNPs (family nurse practitioners) kept coming up with new reasons why this was not service connected. In legal terms, this is called post hoc rationalizations to re-mansplain what appears to be illegal.

The best argument was one thrown out by a real MD saying he was probably overweight while he was in the Marines. Yeah, right. They’d have that ol’ boy strapped to a Pelotron 24/7 and be starving him to death until he got to the magic BMI number. Plus he’d risk losing rank and promotion, too. But seriously. It would be in the STRs… and it wasn’t. Helloooooo?

Funny thing is VA had commissioned their own peer-reviewed study on the correlation between PTSD and OSA with or without taking weight into consideration. VA’s pukes neglected to mention that. Because VA did the study, it follows that they have constructive possession of it so they should know. If they say there’s no connection, then their IMO is worthless and they sure as shit didn’t read our IMO listing the cite in the footnotes.

I had the task of defeating four IMOs by their QTC/LHI gomers. One even occurred outside the window of the AMA rating decision parameters but it didn’t faze them a bit. They threw it in anyway. If I didn’t know any better, I would have sworn this was a setup and even Ken Carpenter couldn’t win it. They were just going to keep on throwing out post hoc rationalizations regardless of how preposterous their IMOs were. About then, I’m guessing the next IMO salvo was going to involve an alien abduction nexus.

When what should my wondering eyes behold this morning but Carey’s win. The VLJ marched through each bogus IMO and dismissed them like annoying flies. This was exactly the punji pit I laid in the Appeals Brief.  When the dust settled, the only nexus left standing was ours. In this game, that’s no small feat. Your IMO has to have a lot of ingredients to pass muster. For instance, if your IMO Huckleberry doesn’t state specifically that s/he reviewed the entire claims file, VA will say their Female Nurse Person did and therefore her $39.95 opinion is far more probative than your Board Certified MD/ Neurologist’s ruminations.

The world famous barrel protector… a rubber.

So, without further ado, check out this decision. It began with the 526 on September 7, 2020. It ended today. Not bad for a OSA VA decision. Only four years and seven months-almost a new VA land speed record. Read ’em and weep, Denis.

redact OSA legal brief

Redact BVA OSA win 10.18.2024_Redacted

 

One small step for a Vet. One giant leap for Vetkind.  If this only helps one Vet, it was worth it.

Posted in BvA Decisions, OSA, Tips and Tricks, VA Agents, Veterans Law | Tagged , , , , , , , , , , , , , | 1 Comment

VETERANS ARE LOSERS AND SUCKERS?

Posted on October 18, 2024 by asknod

I know. All the Karen’s will come out from under their rocks and tell us this is untrue. But it isn’t. It’s very easy to verify it happened. Without beating a dead horse, elections do matter. Be sure to exercise your right to vote this November. Allow me to enunciate once again, I don’t advocate for one candidate or another. We live in America and are free to chose those we wish to represent us. I wouldn’t even presume to tell anyone what they should think…or do. 

I received the following from a fellow heavily decorated  Viet Nam combat Veteran. I have no idea what his political affiliation is and don’t wish to. What I do know is Ed loves America as much, or more so than me.

And that’s all I’m gonna say about that.

Signed,

Not a sucker or a loser.

 

Posted in All about Veterans, Food for thought | Tagged , , , , , , , , , , | 8 Comments

EXPOSED VET RADIO SHOW 10/10

Posted on October 8, 2024 by asknod

John, Ray and I have a great show lined up for you folks on the Independent Living Program (VR&E ILP) or what’s left of it in this day and age. I look forward to delivering the new details on my greenhouse grant.

 

The call in number is still:

(515) 605-9764

The computer link (so you don’t have to get a crick in your arm from holding the phone up to your ear for an hour is:

https://www.blogtalkradio.com/jbasser/12375422/connect/28111bea08c2f6537a8dcf3106cc5b3e1b14102b

We hope to see you there assuming  H. Milton doesn’t wipe you off the map.

P.S. Just to set everyone’s mind at ease (you know who you are), we promise not to traumatize you by discussing the upcoming election or remind you that the below is debunked rumors and propaganda. https://www.snopes.com/news/2024/04/18/trump-soldiers-suckers-losers/ 

Posted in Exposed Veteran Radio Show, Food for thought, Independent Living Program | Tagged , , , , , , , , , , | 1 Comment

ELECTION 2024–TAKING AMERICA’S PULSE

Posted on October 6, 2024 by asknod

In the sixteen years I’ve been writing this blog, I’ve witnessed America seemingly go off the rails. As I abhor religion and politics on this site, I have studiously avoided it for a reason and strive to concentrate exclusively on Veterans and their trials and tribulations at the hands of the VA. Of course, in the same vein, I’ve also watched the VA equally go off the rails, too. One would think a one hundred year-old compensation/pension program devoted entirely to Veterans could only improve with age like an obstreperous young cabernet maturing. One would be mistaken for thinking that about the VA… and now America.

In my seventy three years, I’ve watched my fellow countrymen spit on her servicemen when they returned from Viet Nam (yeah-it’s two words). Sixteen years later, I witnessed those very same countrymen, and probably their offspring, graciously rethink their former, harsh sentiments and welcome us all home. Call it the Yellow Ribbon Revelation. I’d like to find the idiot who coined that abomination “Welcome Home!”, stand him up against a  wall and invigorate him with a few blasts of my new Taser.

I’ve lived long enough to see anger and animosity rise to unheralded levels and rival political parties come to blows in the streets. Think back to the DC Moratorium March in ’68’ or May of ’70 and Kent State. Who in their right minds could ever conceive that some    of us in 2024 would cheer on those who flew planes into the World Trade Center and murdered 1200 Israeli partygoers simply because of their religion? But that is where we find ourselves.

America is an amalgam of virtually the entire world’s citizens by now. Few of us, with the notable exception of our native aborigines, can claim they’re truly American and speak to what our collective wishes are. Yet, watching the news, one might think the Mayflower krewe or the RHOW (Real Housewives Of Washington, D.C.)  are the arbiters of this subject. Worse, the idea of the correct mandate to carry America’s values into this new 21st Century seems to be foremost on each of the competing political parties’ tongues. But riddle me this. How can censoring comments on X or Facebook be protecting democracy? Should we just shuck the First Amendment?  How about the Second and just get rid of guns while we’re at it? Where do we stop? Oh Shit, oh dear. There’s twenty five of them pesky amendments.

America used to be a ‘live and let live’ country. Different strokes for different folks. It also used to express a sentiment closer to ‘all for one and one for all’. Somewhere in the last quarter century, that sentiment has evaporated and the residue left is pure poison. Lies fall from lips as easily as my Pickles drooling at the prospect of some heavy creme in the morning during coffee.

Without taking sides, mind you, I frequently hear the refrain that former President Trump called America’s Veterans ‘losers and suckers’. That phrase has been proven to be bogus yet the lefties continues to tout it as Biblical Truth. This is not to say that President Trump or any of his acolytes are morally superior, occupy the high ground or don’t speak with forked tongue. They, too, can come up with some quality Whoppers far bigger than Burger King™ like the Haitians eating cats in Springfield, Ohio.

I’m certainly not pointing fingers here but when the Snopes verification site is working overtime just to keep up with sorting out all the political mistruths, it’s time to look at ourselves and our biases with a critical eye. What could possibly be gained by propagating lies and untruths to confuse voters? Most would find it a sign of desperation if you have to lie to convince them. As Americans, we should be striving to close ranks and defend this marvelous country of ours. The media, however, paints the Conservatives as an “existential threat.” Newsflash, folks. Look at western North Carolina in the aftermath of Hurricane Helene if you’re searching for a definition of an existential threat. And if FEMA don’t get off their poor, tired bonus-calloused asses pronto, it’s gonna be the past tense of existential.

Without allowing my sentiments to color your thinking, how many of you can look in the mirror and say “Gosh. The last four years have been absolutely suuuuper. My 401K is fat and sassy. I’m Greenin’ it drivin’ my $120 K Tesla. There’s rechargers on every corner. The cops killed George Floyd and the BLM idiots zealots tried to burn downtown Minneapolis. Good thing we defunded the cops’ asses.  Eleven million illegal immigrants with no immunization records (or any records) just sashayed across the border and we don’t have a clue who they are or what nationality they hight. Top drawer Universities in the Northeast are encouraging their students to actively hate Jews and cheer on terrorists who seek our country’s downfall. World War III is brewing in the Mideast and Ukraine. I’m broke but boy howdy, I’m sure glad Trump didn’t win! Imagine what kind of existential hell it would be like if he had. I want four more years of this.”

You, collectively, as American citizens, are free to associate with those you believe are going to make America great again or keep the status quo exactly as is. You can have your beliefs without denigrating your fellow Americans’ choices creating ill will. When the level of vitriol reaches a boiling point such that crazy people feel emboldened to try to assassinate the opposition candidate (X 2), we’ve crossed that line where trying to stuff Pandora back into her box is no longer an option.

I listen to this Veteran and that Veteran who disagree as to which political party is truly the Veteran’s friend. Personally, it’s my opinion that neither party is. I’ve watched the Department of Veterans Affairs dismantle much of the original Part IV of the Veterans Administration Schedule of Rating Disabilities such that it is a mere shadow of its original 1945 intent. Few, if any, of the diagnostic codes for rating disabilities have become more lenient in my thirty five years litigating them. Most of them have been eviscerated and hardly resemble their original intent. You should note that happened on both party’s watch. So who’s your Huckleberry, bubba?

Worse, cutting edge legislation in 2010 to remunerate Veterans with extreme TBI has been revised to the point no one can win. Have any of you tried filing for, and winning a PCAFC claim lately? Take for example what was just overturned in the  recent Laska/ Haskell decision. Whatever gave the VA Secretary and his sidekicks the idea they could revamp §3.350(j) and toss in a requirement for R2 when the regulation specifically says it’s for those who do not qualify for R2? Remember Veterans’ Choice? If VA is so constipated with a medical backlog, then hey- let’s send them out into the community for medical help if it’s gonna take more than 30 days. Veterans Choice around here is AWOL.

Think back. The guy liberals claim called Veterans  suckers and losers renewed that ‘temporary’ program. You may want to take note of who quietly axed the program or allowed it to atrophy and sink into oblivion in the last four years. My dentist told me he could no longer accept my VA dental benefit because VA refused to pay him… for the last two years. I remunerated him myself out of embarrassment.

Remember the SMC rebellion under Peake and Shinseki? Of course you don’t. Bradley, Buie, Breniser and more all bubbled to the top and were overthrown – or at least allowed some sunshine in and clarified longstanding inequities in how SMC is interpreted. Right. Guess who was President when that happened? Newsflash. It wasn’t the party (or individual) who the media says called us suckers and losers. It was the Administration that attempted to deny us.

Look further. Who is president now who tried to defend the indefensible in Laska? Barry? Duran? Yeppers. Our liberal Defenders of Democracy sent the OGC lawyers in to try to preserve keeping Veterans fenced out of that which should have been interpreted correctly 75 years ago. This isn’t a case of the good guys versus the bad guys. It’s a case of an Agency run amok sanctioned silently by Congress and by extension, the Casa Blanca. If this process is nonadversarial and Veteran friendly, why does the Secretary litigate against us?

Where in Sam Hill do you think Veterans come from? They’re not born at 18 years old with a Thumper or a ’16 in their hand. They’re drafted and ordered into war. The wars are not of their making but they patriotically march off to the slaughter. When they come home, they discover how empty and hollow the promises of the politicians of both stripes are that they’ll be properly compensated and cared for.  In that respect, we truly are suckers and losers for believing them.

No. This isn’t even close to a determination about who our friends are in Congress or the White House. The truth hurts. This has devolved down into a shouting match along the lines of a kid’s game of Applecore! Baltimore! Who’s your friend? It’s worse than that actually. Catch 22 has metamorphosed into the the Thursday Rule. If you weren’t born on a Thursday, you’re shit out of luck. And it sure doesn’t boil down to whether you’re a loyal Democrat or Republican Veteran.

Harkening back to the old Virginia Slims™ commercial, as a country, we’ve come a long way, baby. But black Veterans are still getting marginalized in spite of the official 1954 Army emancipation. VA even acknowledged this as recently as last year.  Senator Alan Cranston set this judicial inequality ball in motion when he pushed for the VJRA and the inception of the CAVC for judicial equality in ’88. It’s unfortunate he stopped there and didn’t continue on to author a Veterans Bill of Rights to accompany it. A somber monument on the Mall for Viet Nam Veterans to visit their Buds is cool beans but it doesn’t pay the bills. I’d much rather have seen the money spent on reform of 38 CFR or 38 USC to comport with what Congress professes to believe versus what they hand out. You can’t eat granite.

So, in closing today, thirty days before we collectively pull the lever for the candidate of our choice, ask yourselves if you think America (and Americans) are better off that they were 4 years ago. Ask yourself how you are going to use your entitlement to a VA loan if you can’t even make enough money to make a future mortgage payment. Ask yourself if you feel comfortable with a gazillion brand new aspiring countrymen you can’t understand who haven’t even been vetted as to their loyalty to your country. Better yet, look yourself in the mirror and convince that other you this is all Trump’s fault for not building the wall down south four years earlier… but your candidate will… just as soon as you elect her.

Trump ain’t no daisy, but then neither is Kammy. The former has been out of office for four years and is getting blamed for all our current ills. The latter has been in power for those selfsame four years and has done nothing of consequence other than toss some amazing word salads but shooo doggies can she laugh a blue streak. Seems I remember the same blame game tactic in a previous administration where we listened to the litany of Bush’s shortcomings for almost 8 years. Seems it’s always the predecessor’s fault.

Do not think for a moment I give a shit what party you profess to belong to. Personally, I don’t care who wins. Both parties have been promising for the last hundred years that as soon as they get elected and finish turning water into wine why, shit, it’ll all get better. To me, it’s going to be the SOSDD (same old shit- different day) syndrome. We, as Veterans, will gradually continue to have our rights and entitlements whittled down and eliminated one by one. All the while, your Veterans Service Organizations, Congressmen and women, and the VA Secretary will be swearing on a stack of Bibles that they’re moving Heaven and Earth to improve your lot.

If you have to vote for something, vote for yourself and what’s going to make our Veterans’ plight more equitable and sustainable. Our military is in a world of shit. Think about it. Would you selfishly vote for sex change operations for servicemen (and Veterans) if it meant depriving the rest of your fellow warriors of lifesaving procedures? Would you think DEI is more important than having a cohesive fighting unit that will have your six? Is being politically correct more important than winning a war? Would securing our borders just be a big waste of money?

I’ll close by saying my father gave me an interesting piece of advice when I was young:

“Son, you have the right to remain stupid. It’s guaranteed in the Constitution. Nobody can take that right away from you.”

Very shortly, assuming you are a real citizen over 18, you’ll get to make this momentous choice. Personally, I don’t care how you decide. I’m just playing the Devil’s Advocate here to encourage you to think about the upcoming election. I don’t want to Make America Great Again. The America I know has always been great. I don’t see any reason to reinvent it. Vote for whatever floats your boat.

And, in the immortal words of Forest Gump (my hero), ‘that’s all I’m going to say about that.’

 

Posted in All about Veterans, Food for thought, Future Veterans, The Vietnam Wall | Tagged , , , , , , , , , , | 9 Comments

SPECIAL MONTHLY COMPENSATION–THE LATEST JEDI KNIGHTS

Posted on September 29, 2024 by asknod

I’ve been horribly remiss in getting this article out. I apologize profusely-both to you, the readership and the latest graduates of the SMC Academy. In fact, I was waaaaay remiss (five months) in creating and printing the diplomas. As many know, I began the process of constructing a curriculum I could teach from by reviewing all my previous SMC cases for higher ratings. By ‘higher’, I mean L-N, O, R1, R2 and T. I chose ten of some 200-odd ratings I’ve done in recent years to illustrate all the facets a body could even conceive of encountering in this field. I’m pretty sure I covered them all because my former acolytes from the first class tell me my SMC Ju-Ju works as advertised.

Huey B model gunship humor

The classes began this January and finished in April. Among them were Veteran Howard’s Extraschedular Aid and Attendance at SMC L rate grant for a combo 60% Extraschedular (30%/30%/10%/10%) TDIU. As we all know, the M 21 says you have to have a 100% or TDIU… or… a combo of stuff from one disease entity pretty near 100% to even queue up in line for an SMC above S. But then, we all know the M 21 is revised about 135 times a year so why would you put any store in it? My Vet’s win illustrates it’s not only probable or possible, but inevitable you’ll prevail. The key ingredient is a diagnosis of a need for the aid and attendance of another. Check it out https://bvasearch.suttonsnipes.com/search?from=1992&to=2023&sort=date&direction=descending&page=1&query=Docket+No.+220711-258804&citation_number=A22025063

Copycat of above gunship humor with inferior beer

I also chose an interesting one that ended up being a double CUE based on VA ignoring the regulations and telling Lt. Lori she couldn’t have both a&a for her Multiple Sclerosis (MS) and loss of use (LOU) of a hand and a foot due to MS. We call that estoppel en pais or equitable estoppel.  They told her if she ever had to be hospitalized, she’d lose the a&a $  because VA would discontinue it and drop her back to SMC S. It was a lie. Her SMC Ls added up to O and R1.  The second, more minor CUE was they disremembered to give her the SMC K for the loss of use of her foot for two years before granting the first L. It took me several years to unravel these fusterclucks and even required two BVA decisions instead of just throwing it all in together as I asked.  https://bvasearch.suttonsnipes.com/search?from=1992&to=2023&sort=date&direction=descending&page=1&query=200123-63335&citation_number=A21020231

I chose a Muscular Dystrophy case for R1 to illustrate how VA will employ smoke and mirrors to confuse you and make you give up in frustration… or call me. Col. Terry went on to R1, then R2, and, finally a VA Agent’s Accreditation. If you look up ‘grit’ or ‘determination’ in Miriam Webster’s tome, you’ll find a picture of him. Naw. Just funnin’. But he is enrolled in Session Two which just began several weeks ago.

And, of course, the latest craze in VA law besides trying to unravel PCAFC, is trying to climb Mount TBI for the big SMC T banana. The saddest part of that fight are the contestants. Most of these folks I’ve repped would gladly trade places with a 50% Vet faster than you can say 1002 while still holding a hot M 26. The money is desperately needed for the much higher level of care. It ain’t being spent on high-dollar Mopar vehicles. And the wives of these Vets are basically 24/7/365 Visiting Angels™ who never get a weekend off. $10,905 per month might sound like a hoodoggies picnic but it isn’t. It buys these gals a part time caregiver to babysit so they can accomplish the regular shit of everyday living-e.g., grocery shopping, parent-teacher meetings etc.

I touch on several cases where it was a tossup- go for two aid and attendance ratings or go for LOU and a&a. Or, go for all four extremities and  then grab another a&a. As I try to point out, no two cases will ever be identical in every respect. The list of nasty, terminal diseases seems to be endless. Bone/Lung/ Liver/Kidney/Brain/Prostate Cancer, Interstitial lung disease, MS, MD, Parkie’s, DM II with mega PNs in all four extremities, Traumatic Brain Injuries, PTSD on steroids ad nauseum.

Below, I’ve begun to assemble the participants of the first class and introduce them to you if you need help. I’ve been trying to get the rest of the graduates (2) to send me a photo of them holding their diplomas so I can advertize for them here. I’m turning 74 early next spring and want to slow down. Asknod can still be a legal clearinghouse for the most severely disabled among America’s Patriots even if I take a quasi-back seat and sit in the director’s chair.

First meet Brennae Brooks J.D. She’s now a card-carrying Jedi Knight with the Force and absolutely lethal. She’s the one who first asked me to train her in the “art” of SMC back in Cincinnati that began this project. She can be reached at bbrooks@theveteranthelawyer.com

Next, meet Mr. Peter Cianchetta of the greater Sacramento area. Pete’s an attorney and really enjoys SMC work. Pete’s a Vet so he know what we all went through. Here’s the link to his website https://www.cianchetta.com/. Sometimes, I think having been a Vet should almost be a prerequisite to qualifying for this job. He, like the rest, took to it like a duck to water. Believe it or not, some accredited representatives will never be able to navigate this no matter how many classes or CLEs they attend. These pictures were taken at our most recent conferences in Salt Lick City. If you look closely, you can see the crossed light sabres at the top of the certificates.

Continuing alphabetically, thee next graduate is Ms. Tamar Dyson, a Veteran and a VA attorney. Her contact information is tamar@tamardysonlegalservices.com . Tamar is red hot- as all these folks are on VA law. Now, she’s armed and dangerous to win SMC claims.

Thee next Chicken Dinner Winner (alphabetically)  is Ms. Doris Leach of Garland Texas, both a Veteran and a VA Agent who can be reached at vaagentdoris@gmail.com . Doris tells me she can now feel the Force coursing through her mind so she’s waiting for you to call with your SMC problems.

Number 4 is another Veteran, as well as a VA Attorney in the Washington, DC area. Not that any of us are geographically challenged as to where we represent Veterans; nevertheless some still desire that face-to-face assurance before launching a multi-year attack on VA. With the advent of Zoom, that need is gradually being met electronically. Ms. Jennifer Lohnes can be reached at www.lohneslaw.com

Continuing right along, meet Wes McCauley, VA Agent and my very first acolyte. Wes became intrigued with SMC waaay back when and finally began pestering me about the ins and outs. He’s probably the primary reason I began these classes after Brennae Brooks. Wes lives down in Georgia and missed getting clobbered by Hurricane Helene from what I can tell. He’s still transmitting so apparently he managed to keep his PRC 25 dry. You can contact Wes at unitedforvets.us

Last, but not least, meet my very good friend and fellow legal member of our tribe Ms. Bethanie Spangenberg. Bethanie and her husband Mike run Valor4Vet.com. While Bethanie generally works at being a PA-C doing nexus letters, she became intrigued with SMC and how the dang thing works. Now she knows. We’re all hoping she decides to throw her hat in the ring and begin litigating SMC claims considering she now possesses the Force. Contact her here at https://www.valor4vet.com/

Hopefully, this will invigorate Betty and Michael to send me their pictures and get themselves immortalized here in celluloid electrons as well. It seems there is quite an interest in this subject among out merry band of VA legal beagles. Session number 3, beginning mid-January is already filling up as we speak. It’s a good thing, too. VA is preparing to break ground and pour the slab for my new ADA heated ILP 20′ X 28′ greenhouse (replete with a computer-driven hydroponics setup) and I’ll soon be growing twelve foot tall tomato trees to rival Jack’s Magic beanstalk. I reckon I’ll have to put in WiFi down there so I can grow lettuce while I litigate. “Bother” in the immortal words of Pooh.

P.S. Cupcake outdid herself this summer with 22 flavors of tomatoes and 12 of peppers. It feels like we’re the west coast distributors of ‘maters. And cukes, cauliflower and broccoli. Now, if I could just figure out how to grow a steer or a pig hydroponically…

 

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