MILESTONES-HCVET ROBERT LYNN DAVIS

15193530_1324343600930446_8504979961487867702_nThose of you who were the earliest HCVets knew Rob on the old Delphi website for HCVets as Rob1956. That’s where I met him. I had just won my own VA claim and wanted to share and help others attain it. I made many friends whom I hold dear to this day. Unfortunately, they were falling like flies from the Hepatitis with no cure in sight back in 2008. Rob, although he had contracted it later than me, was far more advanced towards cirrhosis. That didn’t daunt me in the least. We set to and before you knew it, I had him a shiny new rating within a year or two. We spent a while “fixing” it so he could get to 100%.

I never expected he would pass in this new era of cures. At worst, I figured he’d draw a winning lotto ticket for a new liver. I suspect he ran afoul of the cigarette police. The transplant rule has always been that you couldn’t be actively poisoning yourself with pot, tobacco or booze and expect equitable treatment. Heavy drugs were, of course, right out.

I get that. When I hit the wall on the cure in 2007, my ARNP hepatitis Nurse Ratched suggested I quit smoking to preserve what was left of my severely emaciated liver towards that day they did find a cure. I did it with Welbutrin and succeeded. This was long before they came out with Chantrix.  Rob decided smoking was the least of his worries and decided to keep on keepin’ on. Nevertheless, I figured Harvoni would be his saving grace. Alas, I was wrong. Looks like the cirrhosis was the winner. I only hope I arrested mine soon enough to dodge that bullet. According to the medical poohbahs, I’m at a 33% higher risk due to my porphyria. Oh well…

Rob punched out August 14th and headed for new pastures. I generally get a tear in my eye when my fellow HCVets move on, but Rob had a much different ethos. His idea of perfection was the absolute .45 ACP. He spent more on this pastime than any other occupation. This is no more than a minor setback for him wherever he is.

caduceus-svgRob will remain the one and only Vet I was forced to get a Buddy letter for from his ex-wife. Surprisingly, she was very receptive to the idea in spite of their mutual animosity. It was the singular piece of evidence that carried the day. They were married when he did his “advanced training” at the Balboa Naval Hospital in San Diego back in 1975 and she was witness to him coming home from work in bloodstained whites. Let us pray in the future that the majority of the old Delphi crew succumb to old age rather than the retarded effects of Hepatitis C secondaries.

Thank you for your selfless service to America, Rob. We won’t easily forget you.

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Posted in HCV Epidemiology, HCV Risks (documented), Milestones | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

ACA allows the sale of health insurance across state lines–so what’s the problem?

Many people without group health insurance, VHA, Tricare/Champa, Medicare or Medicaid are dreading the Obamacare marketplace enrollment deadline in December. Why? Because interstate competition did not take off and premiums are rising. Health insurance premiums should have dropped because private insurance companies are allowed to sell policies across state lines.

However, under Obamacare, most state legislatures, which regulate and protect their domiciled health insurance companies, (McCarran-Ferguson Act of 1945), did not pass laws to allow this for the last TEN months.   About 21 bill proposals have failed in committee, on the floor, or have been vetoed by governors.  Most states have taken no action.  If Obamacare is such a financial disaster for the uninsured, should not the blame rest in the 50 statehouses? 

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Only Rhode Island, Wyoming, Maine, Georgia and Kentucky legislatures have made progress (LINK) but insurers aren’t biting.  The protected for-profit insurance companies still run the show. Big Pharm and hospitals don’t help. Private hospitals, and the VA, build fancy ego-edifices when clean simple energy efficient buildings are needed.  Who wants to pass a giant turd rock sculpture (LINK/story from Frank/hilarity provided by Alex’s post LINK) and other expensive arty junk on the way to a check-up or flu shot?Capture

 

Should we allow High Risk Pools, illness 6-month waiting periods, annual/lifetime payout limits (LINK) and other literally punishing policies–something federal employees never have to endure–as we have in the past?  Heck, I’m shopping for pet insurance for our new rescued dog, and the illness waiting periods run 14 or  30 days maximum.  Federal employees are covered from Day 1.

So this “fix” may not be a great idea unless every state allows it and co-operates with each other. Fat chance.

In reality, interstate sales of insurance will allow insurers to choose their regulator, the very dynamic that led to the financial collapse that has left millions of Americans without jobs. It would also make insurance less available, make insurers less accountable, and prevent regulators from assisting consumers in their states. Source: National Association of Insurance Commissioners.

The GOP believes that premiums will lower through interstate health insurance competition.  I love the concept.  It’s an intuitive common sense idea but if not mandated, won’t happen in our lifetimes.  For self-employed younger vets who are shut out of the VHA due to income limits, affordable premiums and reasonable co-pays, deductibles, and covered drugs are essential for his/her health. A better solution is to ditch unfair Priority Groups all together.

Good short videos on selling insurance across state lines from Kaiser: (LINK) and (LINK).

Posted in All about Veterans, Food for thought, General Messages, Guest authors, Medical News, non-va care, Uncategorized | Tagged , | 1 Comment

THANKSGIVING 2016–YOU CAN GET ANYTHING YOU WANT…

download…At Alex’s Restaurant. No Thanksgiving in a foreign land in 1970 was complete without someone dragging out a scratchy Arlo Guthrie Alice’s Restaurant vinyl and replaying the story about the 8 1/2 by 11 glossy color photos. We had no turkey and were hundreds of kilometres from any fresh mashed potatoes. A rather large old chicken that weighed in at about 8 1/2 lbs was the centerpiece. Up country near the Laotian border where we were, folks let things grow to their fullest before harvesting. That makes for some kind of tough meat. Water buffalo, perhaps the closest thing we had to beef, was normally “harvested” at 14- just before they died from a myocardial infarction. The harvest was considered a resounding success if the the animal could make it to the butcher’s shop under its own steam.  A perfect scenario would be if it expired just under the hoisting hook.

Earlier that 1970 T-day day, we had to make a run on the cable out to the Army’s RRFS site to make sure it was still there. Generally, the army would get on Single Side Band and pitch a pitch if they lost their communications with us.  Proactive M 16 preventive maintenance was still frequent though. Sometimes we’d roust zipperheads who were seriously thinking about simply stealing some for the copper value. It was a never ending battle and a lot of splicing at ungodly hours but rarely any gunplay. Most of the time we were an hour late. Most of the time.

m151a1-1965Being as it was Thanksgiving and we were pretty much going to Tanqueray the day away later, Dan and I had stayed up late the night before. We decided to pull up and set on a little raised hill where we could observe about 3 klics of road and telephone poles with binoculars. We had an old doorless ragtop M 151 jeep with a couple of scabbards for CAR 15s. Naturally, we determined a siesta could be accomplished as long as one of us stayed awake. Being the low E-3 on the totem pole, I automatically drew short straw.

b70e5b0f38418e552495aaf844950badAbout three weeks earlier, I’d done a good deed for a RLAF Tahann NCO who had just had a new baby. He wanted to call his mom in Vientiane and tell her about it so we set it up on a TRC 28 as a favor. Turned out he worked with a friend in EOD  who had tons of extra guns and shit. I got a gook grenade as one of my things I wanted to mail home for a souvenir. It was a reworked WW2 pineapple grenade with a 4-inch bamboo stack on top to handle a rudimentary VC prussic acid fuse. It was still under the seat of the jeep when I absentmindedly reached down to get the binoculars. Bad ideas always hatch when idle hands are about. I carefully stepped out of the jeep as gently as possible and drew my Model 19 out of my shoulder holster.

Tossing the grenade in to get a good rattle around on the metal floorboards, I yelled “Dan!!!! Gooks on the left!!!” as I cut loose with a few rounds of .357. Jez, I had no idea he was that asleep. He dove out the passenger side into 3/4″ minus gravel and red clay dust face down in about .0004 seconds and even managed to snag the CAR on the way. I was impressed. I think the severe road rash on the forehead was the deal breaker.

“April Fools” didn’t get it. I was in the dog house the rest of the week and I even let him have both drum sticks that evening. And that’s the way it was – Thursday, November 26th, 1970.

What were you doing that day?Capture

 

Posted in Food for the soul, KP Veterans, Thanksgiving and war, Uncategorized, Vietnam War history | Tagged , , , , , , , , , , , , , , , , , , , , , | 1 Comment

Old Navy T-Day menus

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Happy Thanksgiving Day!  I put together a little pdf booklet of twelve vintage Navy menu’s served to sailors on Thanksgiving Day from 1900-1950.  Maybe someone you know served on these ships.  The menus didn’t change much.

To view, click link below, which takes you to a different page, click on attachment ID # link to open and use zoom to read easily.  These images are all public domain so feel free to download the pdf and share.

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The source:

Naval History and Heritage Command 

Posted in All about Veterans, Food for the soul, General Messages, Guest authors, History, Uncategorized | Tagged | Leave a comment

VA rats fighting emergency care CAVC ruling: Richard W. Staab v. Robert A. McDonald

The financial shocks that VHA-enrolled veterans face when they find out that none of their emergency care claims will be covered, if they have Medicare or private insurance, is of no ethical concern to the VA.  The National Veterans Legal Services Program represented Mr. Staab and won a huge victory at the CAVC in April (LINK) which said the VA must be a secondary payer.

But the VA’s Office of General Counsel is fighting the decision with vigor.  A Stars and Stripes article, VA predicts emergency care claim tsunami if ruling is upheld, covered the VA’s appeal in August (LINK).  This article contains some choice VA whining.

Here are the VA’s appeal dates at the CAVC–click image below.

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CLICK TO READ LARGER TEXT

 

Now the case is at the U.S. Court for the Federal Circuit, Case #16-2671–click below.   January is an important date for all enrolled vets.   This is so evil I can’t believe they are doing this to the veterans least financially able to cover emergency non-VA hospital bills. VA is wasting precious resources.  And this action, if successful, will discourage vets from buying a Medicare Advantage plan etc…so it’s also incredibly stupid.  The VA  clearly has NO intention of writing new rules. 

Previous post on Staab:  (LINK)

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Posted in All about Veterans, CAvC HCV Ruling, CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Complaints Department, Food for thought, Important CAVC/COVA Ruling, Lawyering Up, Military Madness, research, Uncategorized, VA Attorneys, VA BACKLOG, vA news | Tagged , , , | 2 Comments

Wikileaks and other groups help citizens read public domain Congressional Research Service (CRS) reports

Topic: Important nonpartisan accurate resources 

In 2014, I posted about CRS, a section of the Library of Congress (LINK). Some of its reports were posted online haphazardly. (The report I referenced has been updated.) During the pre-election craziness, I searched Wikileak’s website for the term “veterans.”  I didn’t spend much time reading hits but I was surprised to find out that the over CRS 6,700 reports, all public domain documents, are not open access.  They are, however, on a private internal Congressional website.  

Wikileaks website gave over 6,000 reports to other archives, some now defunct.  New archiving projects, launched by transparency activists, have filled the gaps.

CRS Reports (LINK) is one with 77 veteran reports.

Every CRS Report (LINK), contains 8,277 reports with over 100 on veterans.  Here are a few miscellaneous titles:

  • Veterans Affairs: Presumptive Service Connection and Disability Compensation 11/18/14 (LINK)
  • How Agencies Monetize “Statistical Lives” Expected to Be Saved By Regulations 3/24/10  (LINK)
  • Department of Veterans Affairs FY2017 Appropriations 10/26/16 (LINK)
  • Supplemental Security Income (SSI): Income/Resource Limits and Accounts Exempt from Benefit Determinations  1/23/14 (LINK)

According to LOC, citizens pay the salaries and benefits of over “400 policy analysts, attorneys and information professionals” to prepare reports for Congress upon request.  These reports do not deal with classified matters so why the blackout?

Wikileaks says:

Open government lawmakers such as Senators John McCain (R-Arizona) and Patrick J. Leahy (D-Vermont) have fought for years to make the reports public, with bills being introduced–and rejected–almost every year since 1998. The CRS, as a branch of Congress, is exempt from the Freedom of Information Act.

Instead these bills die and the newest ones have only a 1% chance of passing (LINK & (LINK).   EveryCRSReport, claims to be the most complete site (LINK).

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Complain!  Complain! Congress does not want us to know what reports they have ordered. This is just more elitist stupidity. Image: LOC

Posted in Complaints Department, Congressional Influence, Food for thought, General Messages, Guest authors, research, Uncategorized | Tagged , | 3 Comments

VASEC WISHES TO INFORM VETS OF CHANGES

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VLJ fully developed appeal

I get a lot of these from VA but this one came in from Florida John. Thank you for the propaganda. Our illustrious leader Bob wishes to keep us all up to date on the latest news of hirings/firings in the SES hierarchy. He also would like us to support his proposed haircut to BVA appeals. They want a new system where your appeal is decided without submission of any new evidence. I called it a FDA or fully developed appeal in a tongue-in-cheek post a while back. It’s not a joke now, though. VA is proposing to slay the backlog by giving you a simple thumbs up or down at the BVA Colosseum like a gladiator. 

When I published that in April 2015, it was hard on the heels of Helman-Sharon, that is. I even prophesied then that what was happened in Phoenix with their “scheduling-challenged” appointment takers was going to prove to be too tempting not to share with every other VAMC or overbooked CBOC. I don’t reckon you needed to be Karnak the All-Knowing to figure that one out.

Take a gander at VA brainwashing taken to the Nth degree:

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Posted in KP Veterans, VA Medical Mysteries Explained, vA news, VA statistics, Veterans Law | Tagged , , , , , , , , , , , , , , , , | 2 Comments

HADIT.COM RADIO SHOW–THURSDAY AT 1900 L(EAST) COAST

haditlogo2007In pursuit of my annual three hours for Continuing Legal Education (CLE) credits, I just did a webinar on DRO hearings sponsored by NOVA and  Matt Hill of Hill and Ponton. It was a great presentation and I was suitably impressed to find I didn’t know everything there was to know about this subject. 

Jerrel called yesterday afternoon and asked me if I’d like to play house on Blogtalk radio this week and I naturally agreed. I feel everyone would benefit from this knowledge even if they represent themselves. In spite of the fact I paid over $200 for this course, I will share it gratis. Well, most of it anyway. It’s no secret but VA does a damn fine job of obscuring it or keeping most Vets in the dark on some of these facts.

Call in number remains the same

347-237-4819

Simply dial the number 1 to enter the conversation. We’ll see you there (figuratively).

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Posted in DRO and BVA Hearings, Duty to Assist, KP Veterans, Tips and Tricks, VA Agents, VA Attorneys | Tagged , , , , , , , , , , , , , , , | Leave a comment

BVA–JETGUN WIN BUT IT TOOK TEN YEARS AND A GOOD VA LAW DOG

download-13You read about the VA hamster wheel. Perhaps  you’ve taken a few rides yourself in the claims game. BVA remands, as I’ve pointed out in the past, are time alligators. My pet advocacy game with these jetgun claims is simple. You will never get a win from a jetgun risk alone at the RO level. Ever. Trust me. I’ve been pounding that nail since 2007. I don’t care if you have that buddy letter from your Squad leader Sgt. Jesu F. Christe saying it’s so. Not even the Surgeon General is going to convince a DRO-ever. They do not have the authority to grant at the AOJ.  

This is why you always ask for a traditional appeal and keep that new nexus IMO in your breast pocket until you get to the BVA. Plunk it down like you’re raising the bet, drop your pair of aces and call. This VLJ isn’t stupid. He can see the law as clearly as any and VLJ Anthony C. Sciré Jr. here is a relative FNG in this game. I call it the newer, smarter breed of Judges I’ve seen coming out of the woodwork and granting these intractable claims. If you were betting jetguns alone, it would be a crapshoot unless you got a fair VLJ. Jetguns and tattoos documented in the SF 88 at separation in #39 is a guaranteed winner. It always has been along with about a case or more of the clap. To set the record straight, dark urine is not jaundice. Jaundice is the yellow bilirubin buildup in your eyes and skin when your liver is hors d’ combat. Dark urine, however, is a strong indicator of an acute assault to the liver-like Hep C when initially contracted. Repeated dark urine for more than a week is pretty good evidence of at least Hep A.

I got both B and C at the same time in one transfusion and boy howdy did I turn high yellow. It went on for six weeks and kicked my ass for another two months afterwards. I don’t think I ever recovered fully.

3aea503Johnny Vet beat around the bush here and tried to win this with news clippings and internet articles. Fortunately, he kept it alive to the CAVC several times until he figured out how to play VA poker. Most will recall I wrote a complete chapter’s worth  on the subject  here as well as in my book on how the  squeaky wheel eventually gets the grease if you can keep it airborne. Fortunately for Johnny Vet here, he hooked up with Kathy Lieberman. She’s red hot on claims in general. I guess we could run a BVA search for how many Hep C claims she’s won. I don’t see the need. Her name precedes her. Look at those cites to Jones v. Shinseki 23 Vet.App. 382, 394 (2010):

In that regard, as noted by Judge Lance in his concurring opinion in Jones v. Shinseki, “if the medical evidence in the record indicates that a disability has only two potential causes and at least one is related to service, then the inability of the medical examiner to provide a reason why one is more likely the cause of the claimant’s disability would place the evidence in equipoise, and the benefit of the doubt rule would apply.”

That cite is worth its weight in gold. Memorize it.

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Posted in BvA Decisions, BvA HCV decisions, HCV Risks (documented), IMOs/IMEs, Jetgun BvA Decisions, Jetgun Claims evidence, KP Veterans, Lawyering Up, VA Attorneys, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , , , | 12 Comments

GOOD MORNING VIETNAM VETS–RADIO SHOW

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Adrian Cronauer circa 2014 (photo courtesy of Charles Krupa AP)

No, we didn’t channel Adrian Cronauer. He’s still alive and well to my knowledge. I was asked by Marti Oakley to do a radio show this hallowed morning to discuss the evolving heritage of the vanishing Vietnam Veteran and the roll of Agent Orange in that disapearance. Cancer is beginning to become a large part of it and the VA, of course, is mighty picky about which kind is presumptive and which is not. 

Basically, this is the same format as  our Hadit.com Blog Talk Radio shows with Jerrel and John but  with a different call in number. The show begins at 1300 Hrs Central Daylight time which translates out to 1100 Hrs on the very Blue Left Coast states and 1400 Hrs. Eastern Daylight time.

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Call in number for this show is:

>> 917-388-4520 <<

Dial one (#1) at any time if you wish to enter the conversation or have any questions. And to all of you, thank you for your unselfish, unswerving dedication to keeping America  the greatest nation on Earth. Happy Veterans Day to each and every one of you.

LOGO THAT OTHERS MAY WIN

P.S. Here’s the link to the show if any wish to hear it.

http://www.blogtalkradio.com/marti-oakley/2016/11/11/veterans-alex-graham-on-what-you-need-to-know-to-successfully-make-your-claim

 

Posted in Agent Orange, Camp Lejeune poisoning, KP Veterans, Medical News, Stardust Radio, Veterans Day, Vietnam Disease Issues, Vietnam War history | Tagged , , , , , , , , , , , , , , , | 3 Comments