THE SOUND OF A HUEY–THEN AND NOW

Huey gunshipI received this today and it made me think, even now, of all the times past and present, and undoubtedly the future, of the sound a Huey reawakens inside me. My neck hurts more than I can say nowadays but there will always be enough elasticity to permit gazing up to spot one and follow its path across the sky. I would be compelled to look even if it meant turning into a pillar of salt. 

The Sound…From a Grunt’s Perspective.
THE SOUND THAT BINDS

By John J. McGowan

Unique to all that served in Vietnam is the UH1-H helicopter. It was both devil and angel and it served as both extremely well. Whether a LRRP, US or RVN soldier or civilian, whether, NVA, VC, Allied or civilian, it provided a sound and sense that lives with us all today. It is the one sound that immediately clears the clouds of time and freshens the forgotten images within our mind. It will be the sound track of our last moments on earth. It was a simple machine-a single engine, a single blade and four man crew – yet like the Model T, it transformed us all and performed tasks the engineers and designers never imagined. For soldiers, it was the worst and best of friends but it was the one binding material in a tapestry of a war of many pieces.

9c20a5a4dc34e8e93ed2b2186e3d8302 (1)The smell was always hot, filled with diesel fumes, sharp drafts accentuated by gritty sand, laterite and anxious vibrations. It always held the spell of the unknown and the anxiety of learning what was next and what might be. It was an unavoidable magnet for the heavily laden soldier who donkey-trotted to its squat shaking shape through the haze and blast of dirt, stepped on the OD skid, turned and dropped his ruck on the cool aluminum deck. Reaching inside with his rifle or machine gun, a soldier would grasp a floor ring with a finger as an extra precaution of physics for those moments when the now airborne bird would break into a sharp turn revealing all ground or all sky to the helpless riders all very mindful of the impeding weight on their backs. The relentless weight of the ruck combined with the stress of varying motion caused fingers and floor rings to bind almost as one. Constant was the vibration, smell of hydraulic fluid, flashes of visionary images and the occasional burst of a ground-fed odor-rotting fish, dank swampy heat, cordite or simply the continuous sinuous currents of Vietnam’s weather-cold and driven mist in the Northern monsoon or the wall of heated humidity in the southern dry season. Blotting it out and shading the effect was the constant sound of the single rotating blade as it ate a piece of the air, struggling to overcome the momentary physics of the weather.

doorgunner - CopyTo divert anxiety, a soldier/piece of freight, might reflect on his home away from home. The door gunners were usually calm which was emotionally helpful. Each gun had a C ration fruit can at the ammo box clip entrance to the feed mechanism of the machine gun. The gun had a large circular aiming sight unlike the ground pounder version. That had the advantage of being able to fix on targets from the air considerably further than normal ground acquisition. Pears, Apricots, Apple Sauce or Fruit Cocktail, it all worked. Fruit cans had just the right width to smoothly feed the belt into the gun which was always a good thing. Some gunners carried a large oil can much like old locomotive engineers to squeeze on the barrel to keep it cool. Usually this was accompanied by a large OD towel or a khaki wound pack bandage to allow a rubdown without a burned hand. Under the gunners seat was usually a small dairy-box filled with extra ammo boxes, smoke grenades, water, flare pistol, C rats and a couple of well-worn paperbacks. The gun itself might be attached to the roof of the helicopter with a bungi cord and harness. This allowed the adventurous gunners to unattach the gun from the pintle and fire it manually while standing on the skid with only the thinnest of connectivity to the bird. These were people you wanted near you-particularly on extractions.

110203-M-0000L-005The pilots were more mysterious. You only saw parts of them as they labored behind the armored seats. An arm, a helmeted head and the occasional fingered hand as it moved across the dials and switches on the ceiling above. The armored side panels covered their outside legs-an advantage the passenger did not enjoy. Sometimes, a face, shielded behind helmeted sunshades, would turn around to impart a question with a glance or display a sense of anxiety with large white-circled eyes-this was not a welcoming look as the sounds of external issues fought to override the sounds of mechanics in flight. Yet, as a whole, the pilots got you there, took you back and kept you maintained. You never remembered names, if at all you knew them, but you always remembered the ride and the sound.

Behind each pilot seat usually ran a stretch of wire or silk attaching belt. It would have arrayed a variety of handy items for immediate use. Smoke grenades were the bulk of the attachment inventory-most colors and a couple of white phosphorous if a dramatic marking was needed. Sometimes, trip flares or hand grenades would be included depending on the location and mission. Hand grenades were a rare exception as even pilots knew they exploded-not always where intended. It was just a short arm motion for a door gunner to pluck an inventory item off the string, pull the pin and pitch it which was the point of the arrangement. You didn’t want to be in a helicopter when such an act occurred as that usually meant there was an issue. Soldiers don’t like issues that involve them. It usually means a long day or a very short one-neither of which is a good thing.

The bird lifts off in a slow, struggling and shaking manner. Dust clouds obscure any view a soldier may have. Quickly, with a few subtle swings, the bird is above the dust and a cool encompassing wind blows through. Sweat is quickly dried, eyes clear and a thousand feet of altitude show the world below. Colors are muted but objects clear. The rows of wooden hootches, the airfield, local villages, an old B52 strike, the mottled trail left by a Ranchhand spray mission and the open reflective water of a river or lake are crisp in sight. huey_vietnamThe initial anxiety of the flight or mission recede as the constantly moving and soothing motion picture and soundtrack unfolds. In time, one is aware of the mass of UH1-H’s coalescing in a line in front of and behind you. Other strings of birds may be left or right of you-all surging toward some small speck in the front lost to your view. Each is a mirror image of the other-two to three laden soldiers sitting on the edge looking at you and your accompanying passengers all going to the same place with the same sense of anxiety and uncertainty but borne on a similar steed and sound.

In time, one senses the birds coalescing as they approach the objective. Perhaps a furtive glance or sweeping arc of flight reveals the landing zone. Smoke erupts in columns-initially visible as blue grey against the sky. The location is clearly discernible as a trembling spot surrounded by a vast green carpet of flat jungle or a sharp point of a jutting ridge, As the bird gets closer, a soldier can now see the small FAC aircraft working well-below, the sudden sweeping curve of the bombing runs and the small puffs as artillery impacts. A sense of immense loneliness can begin to obscure one’s mind as the world’s greatest theatre raises its curtain. Even closer now, with anxious eyes and short breath, a soldier can make out his destination. The smoke is now the dirty grey black of munitions with only the slightest hint of orange upon ignition. No Hollywood effect is at work. Here, the physics of explosions are clearly evident as pressure and mass over light.

The pilot turns around to give a thumbs up or simply ignores his load as he struggles to maintain position with multiple birds dropping power through smoke swirls, uplifting newly created debris, sparks and flaming ash. The soldiers instinctively grasp their weapons tighter, look furtively between the upcoming ground and the pilot and mentally strain to find some anchor point for the next few seconds of life. If this is the first lift in, downloadthe door gunners will be firing rapidly in sweeping motions of the gun but this will be largely unknown and unfelt to the soldiers. They will now be focused on the quickly approaching ground and the point where they might safely exit. Getting out is now very important. Suddenly, the gunners may rapidly point to the ground and shout “GO” or there may just be the jolt of the skids hitting the ground and the soldiers instinctively lurch out of the bird, slam into the ground and focus on the very small part of the world they now can see. The empty birds, under full power, squeeze massive amounts of air and debris down on the exited soldiers blinding them to the smallest view. Very quickly, there is a sudden shroud of silence as the birds retreat into the distance and the soldiers begin their recovery into a cohesive organization losing that sound.

On various occasions and weather dependent, the birds return. Some to provide necessary logistics, some command visits and some medevacs. On the rarest and best of occasions, they arrive to take you home. Always they have the same sweet sound which resonates with every soldier who ever heard it. It is the sound of life, hope for life and what may be. It is a sound that never will be forgotten. It is your and our sound.

Logistics is always a trial. Pilots don’t like it, field soldiers need it and weather is indiscriminate. Log flights also mean mail and a connection to home and where real people live and live real lives. Here is an aberrant aspect of life that only that sound can relieve. Often there is no landing zone or the area is so hot that a pilot’s sense of purpose may become blurred. Ground commander’s beg and plead on the radio for support that is met with equivocations or insoluble issues. Rations are stretched from four to six days, cigarettes become serious barter items and soldiers begin to turn inward. In some cases, perhaps only minutes after landing, fire fights break out. The machine guns begin their carnivorous song. Rifle ammunition and grenades are expended with gargantuan appetites. The air is filled with an all-encompassing sound that shuts each soldier into his own small world-shooting, loading, shooting, loading, shooting, loading until he has to quickly reach into the depth of his ruck, past the extra rations, past the extra rain poncho, past the spare paperback, to the eight M16 magazines forming the bottom of the load-never thought he would need them. A resupply is desperately needed. In some time, a sound is heard over the din of battle. A steady whomp whomp whomp that says; The World is here. Help is on the way. Hang in there. The soldier turns back to the business at hand with a renewed confidence. Wind parts the canopy and things begin to crash through the tree tops. Some cases have smoke grenades attached-these are the really important stuff-medical supplies, codes and maybe mail. The sound drifts off in the distance and things are better for the moment. The sound brings both a psychological and a material relief.

e56c34cWounds are hard to manage. The body is all soft flesh, integrated parts and an emotional burden for those that have to watch its deterioration. If the body is an engine, blood is the gasoline. – when it runs out, so does life. Its important the parts get quickly fixed and the blood is restored to a useful level. If not, the soldier becomes another piece of battlefield detritus. A field medic has the ability to stop external blood flow-less internal. He can replace blood with fluid but its not blood. He can treat for shock but he can’t always stop it. He is at the mercy of his ability and the nature of the wound. Bright red is surface bleeding he can manage but dark red, almost tar-colored, is deep, visceral and beyond his ability to manage. Dark is the essence of the casualties interior. He needs the help that only that sound can bring. If an LZ exists, its wonderful and easy. If not, difficult options remain. The bird weaves back and forth above the canopy as the pilot struggles to find the location of the casualty. He begins a steady hover as he lowers the litter on a cable. The gunner or helo medic looks down at the small figures below and tries to wiggle the litter and cable through the tall canopy to the small upreaching figures below. In time, the litter is filled and the cable retreats – the helo crew still carefully managing the cable as it wends skyward. The cable hits its anchor, the litter is pulled in and the pilot pulls pitch and quickly disappears-but the retreating sound is heard by all and the silent universal thought – There but for the Grace of God go I – and it will be to that sound.

Cutting a landing zone is a standard soldier task. Often, to hear the helicopter’s song, the impossible becomes a requirement and miracles abound. Sweat-filled eyes, blood blistered hands, energy-expended and with a breath of desperation and desire, soldiers attack a small space to carve out sufficient open air for the helicopter to land. Land to bring in what’s needed, take out what’s not and to remind them that someone out there cares. Perhaps some explosives are used-usually for the bigger trees but most often its soldiers and machetes or the side of an e-tool. Done under the pressure of an encroaching enemy, it’s a combination of high adrenalin rush and simple dumb luck-small bullet, big space. In time, an opening is made and the sky revealed. A sound encroaches before a vision. Eyes turn toward the newly created void and the bird appears. The blade tips seem so much larger than the newly-columned sky. Volumes of dirt, grass, leaves and twigs sweep upward and are then driven fiercely downward through the blades as the pilot struggles to do a completely vertical descent through the narrow column he has been provided. Below, the soldiers both cower and revel in the free-flowing air. The trash is blinding but the moving air feels so great. Somehow, the pilot lands in a space that seems smaller than his blade radius. In reverse, the sound builds and then recedes into the distance-always that sound. Bringing and taking away.

Extraction is an emotional highlight of any soldier’s journey. Regardless of the austerity and issues of the home base, for that moment, it is a highly desired location and the focus of thought. It will be provided by that familiar vehicle of sound. The Pickup Zone in the bush is relatively open or if on an established firebase or hilltop position, a marked fixed location. The soldiers awaiting extraction, close to the location undertake their assigned duties-security, formation alignment or LZ marking. Each is focused on the task at hand and tends to blot out other issues. As each soldier senses his moment of removal is about to arrive, his auditory sense becomes keen and his visceral instinct searches for that single sweet song that only one instrument can play. When registered, his eyes look up and he sees what his mind has imaged. He focuses on the sound and the sight and both become larger as they fill his body. He quickly steps unto the skid and up into the aluminum cocoon.
Turning outward now, he grasps his weapon with one hand and with the other holds the cargo ring on the floor-as he did when he first arrived at this location. Reversing the flow of travel, he approaches what he temporarily calls home. Landing again in a swirl of dust, diesel and grinding sand, he off-loads and trudges toward his assembly point. The sounds retreat in his ears but he knows he will hear them again. He always will.

Capture

Posted in All about Veterans, Food for thought, From the footlocker, Vietnam War history | Tagged , , , , , , , | 2 Comments

ILP REWARDS PROGRAM

IMG_0023The genus was Lil

The species Magill

But everyone knew them as Nancys

My peaches came due about a week ago. They’re a month early so I wanted to know if I should blame Bush for it. I keep hearing that he’s the reason everything is so screwed up for the last sixteen years. Of course, they’ve never ever been this big but I hear tell now I didn’t build them. The Government did. Man. I hate that when your memory goes.

IMG_0021

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Posted in Food for the soul, Humor, Independent Living Program, KP Veterans | Tagged , , , , , , , , , , , , , , , , | 1 Comment

CAVC-PARSEEYA-PICCHIONE V. McDONALD-THE AGES-OLD AO PARADOX

vetcourtappealspromoI have worked with Karen in Florida for a long time on this. Kurt Priessman excavated a large number of CHECO Reports and ‘lost’ pages over the years which fleshed out the rather dubious military/VA insistence on the use of the term “tactical herbicides” and the equally undocumented claim no 2,4 D/2,4,5 T ever was sprayed in Thailand. As far as I’m concerned, about the only thing that was never sprayed was “tactical herbicides”.

We were a power unto ourselves in Thailand. We operated at the pleasure of the King of Thailand but we reported to our own. What we used to spray our base perimeters with was what was available. When Ranch Hand shut down in 1970-71 in RVN, there were large stores of it left over. The military was fiscally challenged and used what they had in-theatre. We did not ship Agent White (Tordon 101) to Thailand to use there exclusively.

I know for a fact we used Agent Blue almost exclusively at Long Tieng, Luang Prabang and Tango 11 in NW Thailand. Take a look at this picture of Detachment B, 7th Radio Research Field Station. It looked like this 24/7/365 for the sixteen months I was there (11/70-5/72). Quite simply, nothing of consequence grew on the two hundred acres. It was hand-sprayed by truck once a month. There weren’t even any mosquitoes out there. That’s a shit ton of Roundup.

Chiang Mai Jan-Feb 1963 - From left > Duty truck - Maintenance Truck - Generator Shed - Squat Latrine - 3/4 - Operations Shed

Det. B, 7th RRFS

I have had numerous discussions with Veterans who claimed they flew thousands of miles further than a 707 could ever hope to- even with a 1,000 knot per hour tailwind. Simply put, the argument boils down to “How do you get to Thailand without touching the red clay of the Republic of South Vietnam? I know several ways but they involved having pilot’s wings, an F-4D or C-130 and a KC -135 tanker.

In my two years there, every trip(4) I took back and forth involved touching down at Tan Son Nhut Air Base and deplaning.  Troops assigned in-country deplaned for that purpose. Since the aircraft (most often a World Airways 707) departed either Travis AFB in California or McChord AFB in Washington, they could not make the flight without a refueling stop en route. Even more obviously, not everyone heading to their fun-filled one year all-expenses-paid vacation in Southeast Asia were destined for Vietnam. A large number went to Thailand as well. Since World Airways loadmasters did not schedule full load-outs to Bangkok exclusively, the interim stop of choice was Saigon’s Tan Son Nhut. Everyone deplaned for a smoke break as refueling rules were inviolate. Forty minutes later, Don Muang RTAFB (Bangkok) air travelers replaned and continued their trip there.

After we began our Cambodian Intrusion in May 1970, it became difficult to make the climb out to Bangkok from Tan Son Nhut and have sufficient altitude to avoid ground fire . Air time from TSN to Don Muang was 40 minutes or less. The Air Force then instituted C-130″Klong” flights that made regular trips up and down the country to several “hubs”  as well as back and forth from Bangkok every day. They had no problem gaining sufficient altitude by the time they crossed over into Cambodian airspace.

In Thailand, the Klong flight began in the morning in Bangkok and departed to Korat, then Ubon, on to Nakon Phanom and ended at Udorn. In the afternoon, the same happened in reverse. Regular connector flights to Korat and Takhli ended when Takhli closed in 1970. When things really started hopping in early 1970, there were two klong flights going in reverse directions from Udorn to Don Muang daily simultaneously.

By 1971, if you wanted to travel to Japan from Thailand, it was Udorn to Don Muang and then to Tan Son Nhut. There you waited and caught the Klong flight that stopped at Phan Rang,  Cam Ranh Bay, Tuy Hoa, Nha Trang and lastly, Da Nang. Think of it as a public bus system.  You got off at Cam Ranh and took the C-130 to Clark AFB in the Philippines. From there you continued on to Yokota AB outside Tokyo because Tachikawa AB was shut down in late 1968. Unless you paddled, you flew this route.

SEA for dummies

Regardless, World Airways was the way in and out for most of us until we began to roll up our presence there in 1972. There are exceptions to every situation but these are extremely rare.

Airplanes are limited in how much they can carry in gas and personnel. A 707-120 at  max takeoff weight could only fly 2,300 miles. Unlike cars, you can’t just run out and pull over to the side and go get some more gas- especially over the Pacific Ocean. It was over 3,500  miles from Alaska to Tokyo which only the 707-320s could hack. From McChord, it was 4,763. From Travis, north of San Francisco, it was 5,148 statute miles. I flew from Travis and we stopped twice. Once in Honolulu and again at Anderson AFB in Guam. From Tokyo to Saigon it was 2,691. From Anderson to Saigon was 2,571. As World Airways  mostly flew 707-120s, the math tells us they had to land at Saigon to avoid flameout. Since the chances of a complete planeload of troops going from Yakota or Anderson to Bangkok was about nil, everything naturally terminated at Saigon and dispersed accordingly. VA seems to think our boots magically never contacted the PSP at Saigon and we were safely protected against any AO exposure. It doesn’t take a mathematician to figure out how many potential Nehmer class Veterans there would be if we included every Tom, Dick or Harry who went to Thailand via Tan Son Nhut. VA calculated there were 2.9 million of us who “were there”. Add in the Thailand component and we’re probably talking 10 million from 1961 to 1975. Remember, all you had to do to get the magic “presumptive was ‘touch’ land be it runway, PSP or laterite.

And now we finally have a brave Veteran’s widow who is going to show that her deceased husband could not have possessed twinkletoes and danced through the air without coming to rest on the tarmac at Cam Ranh Bay or Tan Son Nhut. Jenny’s got their number. This is how you win a VA claim-with maps and the size of a gas tank. VA can’t beat that evidence. They can’t make a 707 do what is aerodynamically impossible- to fly through the air on fumes. I do so hope she finds and reads this.

Parseeya-Picchione_15-2124

I guess I better contact Robert Legg, Esq.  and explain geography to him in case he hasn’t figured it out. And now that Jenny’s a widow, I’d give some serious consideration to taking a pair of scissors to that name. It’s longer than the Mississippi River. What is it with all these folks who want to make their last names read like an Ancestry.com© advertisement? There may not be very many of us left by the time VA caves in and grants presumptive for herbicides of any flavor in Thailand/Guam/Okinawa/Clark but I see it in the future. I have yet to see anyone discuss the term “Augmentation duty”-something virtually every one of in the Air Force did shortly after arrival. I’ll give you three guesses where you were  assigned and it wasn’t to the bar downtown off base. That, for sure, should be a “presumptive” from the get-go.

UdornRTAFB Heavy herbicide usage near barracks

Udorn with the barracks circled in pink about 20 yds away from the …yup… perimeter where nothing grew.

Posted in Agent Orange, CAVC Knowledge, CAVC ruling, KP Veterans, Nexus Information, Thailand AO presumptive path, Tips and Tricks, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , | 9 Comments

ILP–FOR HE WHO SHALL HAVE BORNE THE BATTLE (NOT)

small-farmers-inferior-correct-jpgJust when you feel you’ve heard the worst story about deprivation of benefits, another one floats to the top. Just when you think the VA could sink no lower than whale shit, they outdo themselves with another personal best. Today, from the ILP diaries of Georgia, Bruce sends me this one. I apologize for not being able to write it sooner but I wanted to get Tracy and Loretto’s side of it before throwing rocks just to be fair to Secretary McDonald.

As you all know, I began a quest for the Independent Living Program in 2011 to see what it was all about. How can I honestly help others if I haven’t walked the walk? The walk turned into a long journey that still has numerous chapters left to write. Many of you have shared your disappointments with me on this, too. Fellow HCVet Randy Nesbitt in Colorado is one and we’ll tell his story here soon as well. This trail of tears sounds horribly redundant and I expect many more wait in the wings with similar tales to tell. I’m listening.

Bruce talks of triage and I know that feeling. Leaving fellow airmen behind on the ground to sure death by execution at the hands of the Pathet Lao was one of the hardest things we suffered in my war. You weren’t given the luxury of surrender when shot down over the fence. Flying over them in frustration as you watched that head shot can’t be described in words-ever. This is what drives me now. Surrender, were it an option, would be easy. There are too many sob stories just like Loretto’s and Tracy’s. How do you triage them? You cannot-nor can you surrender to them. Fortunately, Bruce prevailed in this case but how many more of these will we see? How many more Butch Long’s and Loretto Efre’s will we endure before VA surrenders and makes peace with us?

Today is my son’s 28th birthday. He’ll be coming over to celebrate it this morning so I got up at 0430 to write this. Matt is the first in his line who has not and will never serve in the US Military since our modern family tree began in the 1700s. Every generation has done so in an unbroken chain since cousin Earnest LeFevre picked up his musket and headed down to Boston from Kennebunk in 1776. Matt has Ulcerative Colitis-undoubtedly a present from my Crohn’s and two years of exposure to Agent Orange. To say I am glad he won’t follow in the footsteps of Loretto, Bruce or me will remain unspoken. It’s sad to feel that regret about your country but that is what this has come to.  But today isn’t about my war or my problems. This day is Loretto and Tracy’s sad tale.

In 2000, Loretto felt that same burst of patriotism that grips all young men in a time of turmoil and war. Just as many in my generation were poisoned with jetgun immunizations, Loretto probably owes his Multiple Sclerosis to his vaccines or environmental conditions endemic to third world countries. The why is immaterial. The “Oh shit, now what?” is the lasting reality we all face after service. The Independent Living Program was supposed to be a cushion to make this transition more bearable. Congress gave it to us (finally) in 1982 with the inception of the VR&E at VA. VA has been very busy trying to take it away or reduce it to what you are going to read about here. It seems odd that the very Agency put in charge of our welfare is pitted against us.  I asked Loretto to share his experience with us so that others might benefit and win, too.  Here, in Loretto’s own words…

My name is Loretto Sean Efre

Cupcake threatened to pack me up with dangling IVs and take me to a real hospital after VA came within hours of killing me in 2009. I survived after a fashion… Tracy Efre must feel that same ‘WTF? What next?’ she did after Loretto’s Walter Reed experiences. We all have a breaking point and I suspect the Efres had reached theirs. Bruce, try as he might, could not make these chowderheads see the light. Repeated entreaties to congress critters seems to always generate “Can you give us some more info to go on?” Eventually, there aren’t any more words to describe it and you give up. This is why I began the Win or Die club. What the hey? If you’re going to Hell there’s no reason to travel there quietly and never be heard.

Tracy Efre is what makes America great-a scorned Veteran’s wife. She is rightfully mad as hell and isn’t going to take it any more. Her voice epitomizes what tens of thousands of Veterans’ spouses wish to say. How can you send our husbands and sons to war and then treat them as no deposit-no return trailer trash and deny them the legitimacy we afford the lowliest of welfare queens? Is it any wonder 22 of us decide to punch out of the aircraft of life rather than continue this fight every day? Forty five years ago, the thought crossed my mind when I was unceremoniously escorted off base and handed my slightly tarnished DD 257. What had I just spent the last four years of my life for? America? Welcome home, Buckwheat. No deposit. No return. Thank you for your service-now beat it.

Tracy’s view

Bruce and I share one thing. We fought together- perhaps not side by side but we were both in-theatre simultaneously. Many of my friends who missed their golden opportunity to be immortalized on the Vietnam Wall served before and after me there.  Some served in Europe but all knew they were only a PCS away from a war zone. We all served and we signed a contract that said if we became infirm or damaged, we were guaranteed certain things. Loretto based his choice of becoming one of America’s Patriots in no small measure on that promise. He might not have been so inclined if he had been given a briefing from Bruce or me prior to signing.

George Washington opined in the late eighteenth century before he closed out his affairs:

 “The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional as to how they perceive veterans of earlier wars were treated and appreciated by this country.

Red Tape FOR VRE (2)In response to Loretto and Tracy’s plight, Bruce went to bat one last time last week in a desperate attempt to help them get sorely needed traction from that very Agency we look to in order to redeem the promise made us for serving America.  He finally prevailed just days before I write this.  Loretto and Tracy’s sentence of thirteen years in hell has now been commuted to time served. No deposit. No return. No apologies. Same old shit-Different day.

Bruce eloquently wrote the following letter to Secretary McDonald after he was able to prevail in Loretto and Tracy’s fight. My sentiments are similar in that I will also offer the Secretary a seat at my humble table and some of the freshest, herbicide-free vegetables and fruits I can produce for his intercession and investigation of why it took no less that twenty seven years, a CAVC case, three Extraordinary Writs of Mandamus and three BVA appeals to achieve the promise I was given when I held up my right hand and took the oath of enlistment. To his credit, it happened on his watch. Therefore, I offer my thanks to him. I do hope he continues as our VA Secretary after the new administration arrives next year. Continuity of leadership has its rewards.

Dear Bob

haditlogo2007I would freely give up my entitlement to a greenhouse if I thought it would advance the cause of even one Veteran more severely disabled than myself. I chose to fight for this not to get a freebie but to ensure the ILP entitlement would survive to the next generation of Veterans rather than be unceremoniously deposited in the VR&E’s circular file or here. Loretto and Tracy’s battle for their entitlement is all the more reason why we cannot walk away from the commitment we made to never leave our fellow Veterans behind-even after they have served. As my sister-in arms, Theresa Aldrich so succinctly phrases it over at Hadit.com-

Leave No One Behind

Not on a Desert Trail

Not on a Jungle Trail

Not on a Paper Trail™

The battle to preserve our rights is unending. As soon as we think we have made a dent in the problem, another Loretto surfaces to show us the problems with the VA are deeply entrenched and difficult to root out. At 65 with a bum ticker, time is my enemy now.

This month I found out what lengths they will go to. A VA employee, a VRE Officer no less, willfully and purposely perjured himself under penalty of law in a Federal Court in order to defend this practice of denial for denial’s sake. He used an M 28 R manual as his authority which is not even recognized by Congress or given Auer/Chevron deference in a court of law. It’s a manual on how to assemble a VRE  grant- not a regulation or statute. This is what VA has come to represent-a law unto itself. Unless, or until, we recognize the Veteran as being the one from whom all blessings of Freedom flow, we will soon see America become a third world country with an Army to match. Our greatness was built on the shoulders of Patriotism. No other country on Earth can approach the devotion we Veterans feel for ours. We have expressed it with our very lives over and over in our rather brief two hundred -year existence on deserts, beaches and in jungles around the world. It would seem appropriate for those in charge of our well-being to ensure that sentiment continues. Jez. VA employees’ jobs kinda hinge on having customers. I wonder if that metric ever crossed their minds.

On another note, thank you Terry Riggs for your generous contribution to Kelly Moore. As many of you know, Kelly’s husband Jay passed this spring after a long fight with VA over whether he should get the live-saving drug Harvoni to cure his Hepatitis C.  In their infinite wisdom, VA decided he was unworthy. Kelly was left with four young children at forty six years old and another empty VA promise. I don’t often ask for donations because that’s not what I set out to do with asknod.org. Kelly was the exception to that rule. Some of you I have helped in the past have helped her out and I wish to thank you for that kindness. I accept nothing for what I do here. However, if any of you feel the need to help the Kelly’s and the Loretto’s  or others less fortunate make ends meet and life a little more bearable, you let me know, hear? We can’t erase the failures of the VA but we can always backfill what most decent folk would consider the milk of human kindness. At least here, you’ll know 100% of your donation ordnance will land on target. Seems other charities who claim to help Vets are percentage-challenged in that regard. Salaries and Overhead are a bitch.  And that’s all I’m gonna say about that.

LOGO THAT OTHERS MAY WIN

P.S. Thank you Loretto and Tracy for being so generous and sharing your  story with us here. Many give up and throw in the towel. I only wish there were enough advocates willing to take up this cause. As it has no financial value to a VA attorney for remuneration, many are loathe to accept them. As for VSO’s taking up this cause, fat chance. The resounding reverberation I always hear is the same refrain about SMC- “ILP? Never heard of it.” That’s why we call it VA’s best-kept secret along with the Caluza triangle. Welcome to the ILP club, Loretto and Tracy. You earned it-but at a rather steep entry fee.

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Posted in All about Veterans, Gulf War Issues, Independent Living Program, Inspirational Veterans, KP Veterans, VR&E | Tagged , , , , , , , , , , , , , , , , , | 6 Comments

ILP–DEEP THROAT-THE FLY ON THE WALL

imagesEvery good VA story has a fly on the wall somewhere who can tell you what’s going on in the back room. In my case, Deep Throat is well-protected, well-informed and keeps me in the loop on a fairly regular basis. The person does their job but is very Veteran-centric as all professional employees are expected to be at 810 Yellow Brick Road NW.

Interestingly enough, VRE Officer David Boyd’s confession to me on the 19th of July was spot on. Apparently, according to file notes in the left flap of my c-file, VA Secretary McBob did indeed call him and conduct a mini-nearbeer summit. And yes, the McBobster did remove him as my VRC of record. Never, according to my source, has the Honorable Secretary ever interceded in such a manner. He has assigned it to…wait for it- Acting Under Secretary for Benefits Thomas Murphy for disposition. I suppose that is as it should be. Always let the servants take out the trash and do the housekeeping. That’s what they were hired for.

Deep Throat, in all ‘its’ years of employment, has never seen the like. Of course, neither has ‘it’ ever heard tell of any Veteran, once awarded a service under ILP, subjected to such vindictive, adversarial treatment by VA employees or choosing to venture up to the CAVC in search of justice.  Spending four months in a quest to overturn a BVA Judge using nothing more than the M 28 as his authority is the ultimate in audacious behavior but that is the VA spirit. Never say Die! The judge didn’t say how big it had to be.

LOGO THAT OTHERS MAY WINIt appears the filing of my Extraordinary Writ on this was prescient to say the least. The perfect storm of perjury and intrigue here mixes well for an interesting yarn. Face it. VA law, unless you do it for a living, is just plain boring with a small ‘b’. Scenarios like this rarely occur nowadays because the parties involved go to great lengths to keep it all out of sight and settle it like gentlemen in the back room. The VA hierarchy can’t let the hired help see the dissention and turmoil afoot. Unfortunately, with the Court of Appeals for Veterans Claims now looking over their shoulder, the VA cannot sweep this puppy under the carpet or refuse to treat with me. With the ugly revelation that VR&E has a mean streak, it will be interesting to see if any Human Resources refresher courses in anger management are soon required. As to how  Judge Bartley will react to blatant perjury in her Courtroom is anyone’s guess. It’s not often VA gets caught out like this with scathing, documented proof of their machinations.

1,width=300,height=300,appearanceId=366,version=1445939258A long time ago, in the land of three-headed white elephants far away, I learned that if you attempt to shade the truth or be less than perfectly forthright, there were big repercussions. If you dropped nape, you better have a damned good explanation for why you didn’t get permission from the CAS or the US Ambassador well in advance. Ideally, there could only be one story, one version and one author. A successful conspiracy was one where there was only one conspirator. Mafia folks learned this centuries ago. The moment you involve two or more individuals, the opportunity for your story to fall apart and become public knowledge increases exponentially. How Mr. Boyd and his faithful sidekick Tonto expected to carry this off with all those damning emails contradicting them will be a VRE case study for the ages. To testify under threat of perjury is the height of chutzpah-and to a Federal Court of all places.  Hellooooooooooooooooo? Always bluff from a position of strength. Seeing me and raising with a pair of twos in a five-card stud, no-draw poker game at the CAVC was suicide. Of course, I expect playing ILP poker with me was a lose-lose proposition from the get-go. I had Bruce “According to Hoyle” McCartney as my Sensei. He wrote the book on this poker game.

I also wish to set the record straight. Contrary to what all of you may have heard, VA’s observation as to my wolf parentage is unfounded. To head off that line of inquiry, I had my DNA checked by Ancestry.com™. The results arrived today. Any relation to the taxonomic family Canidae is pure, unadulterated hogwash. Snopes was updated today as well.

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I do hope this puts the contention to bed permanently. Sorry. I’m white bread.

What will happen next is rife with possibilities. Deep Throat maintains the ILP award will still have to be handled and overseen by the local yokels in Seattle. There simply is no provision for a ‘hands from afar’ approach to this by Murphy and his mighty munchkins. There is, though, still much consternation about the excessive size of the structure and what kind of precedent this would set to award one.  It is feared the heightened publicity of the case may cause a stampede of Veterans to VR&Es across the fruited plain in search of metal detectors, riding lawnmowers and small tractors as knowledge of what 38 USC §3120 really offered us all along since 1982 begins to sink in. The longer this festers, the more I will undoubtedly write about it, too. Apparently, asknod.org is read by quite a few who work at DVA. In fact, rumor has it Maalox® stock is flying out the door at the Walgreen’s across the street from the corner of Delay and Deny but the claimant’s testimony was deemed not credible.

With my newly acquired VA Agent status, I look forward to representing the many who decide to seek these services. Having an amicable working relationship with the folks in charge of Seattle’s VRE is almost a necessity. We can’t have inflated egos and overbearing manners come between us and our duty to Veterans, now can we? That would be uncivilized. Can’t we all get along?Nodster

P.S. An astute VA attorney extraordinaire just emailed me within minutes of this hitting the blog that Murph the USB Smurf is not the boss of BVA judges. I apologize for any misrepresentations. I guess that honor falls to Dep. Director Laura Eskinazi or her designated Chairman of the Board of Veterans Appeals. Thank you Katrina for correcting me. I do strive for accuracy in reporting and that was a gross oversight on my part not to consult the Table of Organization before inserting my foot in my mouth. VRE Organization tables are very fuzzy and appear larger in the mirror.

Posted in All about Veterans, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, Tips and Tricks, VA Agents, VR&E | Tagged , , , , , , , , , , , , , , , , , | 9 Comments

CAVC-ILP #16-2098–THIS ILP’S FOR YOU

small-farmers-inferior-correct-jpgSometimes, promised gifts from VA are a long time in coming. Some are rather hollow fulfillments of promised offers. Some are outright scams. The ILP is much the same chimera. It looks so promising from afar in what it offers. Once you get closer, you realize it’s not as advertised according to the salesmen. 

ILP, from reading all the statutes and regulations, looks like an offer you can’t refuse. Granted, the price of admission is rather steep. A couple of ratings for tinnitus and hammertoe are not going to get you a slot. First of all, there are only 2,700 openings per year. With a program as ostentatious as this, you’d suspect Vets would be elbowing each other out of the way to get to it. In spite of Bruce McCartney’s and my best efforts to advertise its existence, we only saw 1,426 who got their foot in the door last year. Actually, that is a major decline from the year before. I’m guessing that of the 1,426, the majority got a grab bar or two and an electric can opener.

When I became a concerned Veterans Advocate years ago, I found this program and Bruce.  I decided it would be one of the hallmarks of my advocacy so I set out to amass anything and everything I could to help others get there. Obviously, the best way is to be the point man. It’s a steep learning curve but not as lethal as walking point in Qui Nhon at 0darkthiry during Tet in 68. I began with a computer and few other knicknacks. Surprise. Surprise. Surprise. Denied. It was the same for all my friends.

That began the search for what what was necessary to prevail. Et voila! The Administrative Review. Roger that. Get the request out of the hands of the deniers and sent back to DC where they are familiar with the regulations and statute. Sure enough, six months later, I had my computer with all the bells and whistles. They even threw in a guy to teach me Adobe 9 pro and Microsoft Photoshop along with the software. Dragonspeak and lots of other goodies came with it and the largesse now adorns the pages of asknod.

As for the greenhouse, I threw that in as a bridge too far, a desire I felt they would never agree to. I was right. Unfortunately for the Seattle VRE cowboys, they denied it for all the wrong reasons. Using the logic of VRE, they said it wasn’t a vocational goal but rather “avocational” and thus out of bounds. Dumb. Very dumb. That’s how I got the computer-for my avocational needs.  You wonder how VRE minds work sometimes.The whole premise of the Independent Living Program is based on you, Mr. severely disabled Vet, never going back to work in a “vocational” pastime. This leaves one alternative from my rather stunted perspective. If you aren’t working, logic says you are going to pursue a hobby to entertain yourself. What you can reasonably expect to do is unfortunately limited by your disabilities-not your imagination. ILP was formulated for just this eventuality. Congress felt bad for handing all us Vietnam Vets the shitty end of the punji stick back in the days right after  the Southeast Asia Boundary Dispute so VRE was the tradeoff. A few lucky Vets win the hobby lotto each year and everyone’s a winner.

Sadly, over the years, the IL Program kept getting a haircut by the VRE folks in charge. It was viewed as an expensive trinket Vets were not entitled to. A greenhouse or a woodworking shop before 1996 was the norm. Suddenly, the law was revamped and a chill set in over the entitlement. The Office of General Counsel had to reassert the entitlement’s reach to encompass avocational pursuits all over again in VA OGC Precedent 34-1997. There matters stood for five years until the VRE troops became restless and mounted a new assault in an effort to once and for all eliminate it or make it so difficult to obtain that Veterans would come to view it as a Catch 22 and virtually unattainable for anything of consequence.

Now, to keep the history books straight, keep in mind that at no time has Congress interceded and revamped the controlling statute of 38 USC §3120. That still stands inviolate so all the things promised us in 1982 are still on the table. The problem is getting past the turkeys in charge of the funding. What’s more,  the VA Secretary has never changed any of the regulations in 38 CFR that implement §3120 so the program remained much as it was originally promulgated and employed on a day to day basis-that is, until 2001.

VA OGC Precedent 6-2001, while innocuous on its face, introduced a whole new metric to the IL Program. It seemed to concern itself with the legal question of whether certain funds from the Specially Adapted Housing fund (SAH) or the Home Improvement Structural Alterations program (HISA) could be expended for a certain request from a Veteran. The request was for a photo studio which would be an addition to the Veteran’s home. VRE folks argued it was impermissible and asked for guidance. OGC approved the expenditure under the IL Program and added a submarine codicil that it was permissible if it was “necessary and vital” to independence of everyday living. It’s a double-edged sword, though. The OGC also determined every severely disabled Veteran has a right to the outdoors safely and cannot be deprived of that consideration. Et voila. The “greenhouse” codicil if you will.

Suddenly, a new metric was introduced. If a IL request was not absolutely necessary and vital to life, it wasn’t going to be granted. Add in that VRE folk were still mighty disgruntled about that bitchslap over avocational “gifts” in 1997 and suddenly, the IL program went south. It’s never been the same since. The irony is that all these “modifications” to what is, and is not, allowed were done without the approval of Congress. A nuanced reading of 38 USC §3120 and 38 CFR §21.160 is devoid of any of these revelations. Mere mortals who inhabit the halls of power for 20 years have usurped Congress’ edict and begun dictating how the funds will be apportioned. Sadly, ILP is the tail end Charlie in this parade. In order to keep up appearances, VRE sends out a Vocational Rehabilitation Counselor (VRC)to make a needs-based assessment of your situation. Said VRC surveys the house and determines what you might need to gain independence in everyday living but studiously avoids the “avocational” discussion. I have seen more enlightened VRCs offer headphones to plug into a TV (if the TV is equipped to do so) to supplement hearing loss. Most cases are more mundane. A can grabber or electric can opener to cope with peripheral neuropathy.; a grab bar at the toilet or shower to help you rise to the vertical; occasionally a recliner chair with an “eject” function if the VRC is in a good mood. A cordless phone is permissible to help call 911 if you fall down and can’t get up when your spouse is at work and you find yourself alone. Ad nauseum. The sum of all these cheap panaceas fulfills the tenets of what VRE thinks is appropriate for the IL Program. They have become the arbiters of what you will get-not Congress. This is where we found ourselves when I entered the picture.

Bruce had gotten his greenhouse after a four-year battle with the Atlanta RO. They had a whole new measure of respect for what the ILP stood for after that and he had great success advocating for others until recently. VRE, at the local level, is a power unto itself. Nowhere in the VA Table of Organization will you see a VA Officer who reports to no one. Yep. Read that again. Everybody has a boss at VA except the VRE Officer in charge of each RO. He or she alone makes the empirical decisions on who gets what. Guess who loses out in the ILP game? Yeppers. The absolutely, most severely disabled Veterans for whom a program was especially promulgated are fenced out of the very pasture set aside for them. Imagine a corral with no gate. Only at the VA could you have a 180 degree assbackwards result of this magnitude. Keep in mind that there is technically no limit to the amount VRE can expend in providing you with “independence in everyday living”. The devil is in the details and hence the mother of Catch 22s. VRE folk don’t see this as being “adversarial’. It’s all spelled out in the M28 R in clear English. The only problem is the M 28 and its newer successor, the M 28 R, are merely a manual on “how to”. Compare it to the instructions that come with an Ikea bookshelf. Slot peg A into hole B.  It is not a controlling regulation or statute. It is merely the machinations of a tired, overpaid VRE dink with a desire for more bonus money. I compare it to a “make work” job. They can’t get rid of ILP so they just hire folks to pretend to award it. In order to do that, they have to have a manual to teach the gomers how to deny. Bingo. Two jobs. One  to write the denial technique and one to go out to the Vet’s residence and explain why he isn’t going to get an ILP.

This is what I walked into in 2011. I researched every regulation and followed every link and BVA decision on VRE. It led me to the OGC precedents and far more. After researching the history of 38 USC §3120 and 38 CFR §21.160, it was clear that VRE had arbitrarily made a decision to change their policy and focus strictly on the vocational side of the sheets. All funding for ILP, if not spent in the first nine months of the fiscal year on ILP, automatically reverted back into the “vocational” pot and was no longer available for the last three months. Who decided this? No one was saying. It was just “policy”. This created the habit of denying a ILP until month ten when the question became moot on its face. Problem solved-well-unless someone appealed it to the BVA. Oh shit. Oh dear. Entre moi.

I spent a year trying to get the VRE rangers to issue a NOD to appeal from. The logic was “Put that thought out of your head, boy. ILP is for grab bars. We don’t issue NODs. We deny and you go home emptyhanded.” I  wisely opted to skip the administrative review and went for the throat- a full-blown BVA appeal. VRE Seattle “lost” my first Form 9 and closed out the appeal. I showed them the green card and they miraculously ‘found’ the lost VA 9. They then began the “We’re certifying it. Stand by.” excuse for a year in hopes I’d give up. After the first SSOC, I filed a rebuttal and it went unanswered. Again, the hope was that I’d forget and they could send it in the “We never heard from him again” file. I filed the Extraordinary Writ and got the VA 8 issued in February 2015 afterwards. Suddenly, they had nothing left in the tool bag to keep me out of the halls of justice. The BVA Judge saw through the scam and delays and granted the greenhouse but that didn’t daunt these chuckleheads one iota. I have since learned from flies on the wall that a decision was made to grant the greenhouse to keep it out of the CAVC and a panel decision. VRE did not want the ILP advertised far and wide because every Tom, Dick and Harry would be screaming for it in short order.

The Seattle VRE Officer spent four months after the BVA win trying to figure out how to use the M28 R to overrule the BVA Judge’s grant. He finally sought advice -from his superiors in DC. They had to sadly tell him he owed me a greenhouse. That didn’t even faze him in the least. He proceeded to figure out the least amount that could be expended locally and keep the project in his control. Knowing I’d blow an ass gasket and complain, he constructed a plan to avoid the stakeholder process and hand it to me as a fait accompli-take it or leave it. If I refused, in his eyes, the problem was solved. Veteran refuses to play ball. We did all we could. No flies on us. We gave him exactly what he asked for-albeit in May 2011 rather than what he needs in 2016…

That’s the beauty of Extraordinary Writs of Mandamus. You can’t hide your lyin’ eyes, hoss. At some point, they open the books and see who’s been naughty and who’s been nice. This also opens up the whole ILP to inspection and exposes ugly truths that have been afoot for decades. Towards that end, this ILP’s for you, folks. To be truthful, I could buy that $120 K greenhouse out of my pocket. I’d be eating bread and water and have a second mortgage and a Home Equity Line of Credit (HELOC) right off the map to do it but that’s immaterial. The program exists for severely disabled Veterans-the most severely disabled of all. There is no means test or whether it’s necessary and vital. There is no “avocational” test to pass that would disqualify you. All those roadblocks were instituted by mean-spirited SES types who desired more power and felt we are not entitled to such frills. Of course, they, on the other hand, are free to move about the country every three years with housing stipends and $150 K salaries with all manner of “work from the home” subsidies and codicils. Sauce for the goose is not in their lexicon.

Consider this metric. Mr. David Boyd is paid about $114 K a year as a GS 14 in Seattle to head up the VRE. His sidekick Kris Holloway makes about $101 K. The VA has paid them salaries equivalent to $1 million dollars or more over the last five years to deny me a greenhouse I estimated would cost  $5,000 in 2011. I was pretty naive  back then and would have settled for far less. As I became more knowledgeable (and far more disabled), that figure rose to $130, 000. A BVA appeal, a VLJ’s wages, two Extraordinary Writs that occupied two CAVC judges at God knows how much dinero and here we are in 2016. The greenhouse is still due and owing and no one has lifted a finger to begin production yet.

The VA Secretary has taken the project away from Mr. Boyd and returned it to Washington DC. We expect a response sometime in 2017 judging from prior performance metrics. Maybe 2018.

And we wonder why VA is begging for more funding to accomplish their mission? The Gods must be crazy. Share this Veteran’s Story with your friends and neighbors. It ought to give them a whole new appreciation for sick humor. It also supplements the Delay and Deny paradigm we often talk about. I can’t make this stuff up. Really.

Today, I see the CAVC has added my latest update to the ECF docket and I hope Judge Meg Bartley is  suitably appalled. Sadly, in all her years at NVLSP, I’m sure she has witnessed far worse.  VA’s adversarial posture is thinly masked and poorly camouflaged.

Solze notification

VRE

This is the eighth in a series on CAVC #16-2098. To view the next installment click here

 

 

https://asknod.org/2016/08/26/cavc-16-0298-the-rise-and-fall-of-another-ex-writ/

Posted in CAVC Knowledge, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, Tips and Tricks | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

CAVC–#16-2098–SUNDAY’S ON THE PHONE TO MONDAY…

vetcourtappealspromoTuesday’s on the phone to me-Oh yeah. (She came in through the Bathroom Window, Beatles). I note with some satisfaction the Clerk of the Court has uploaded my Petitioner’s rebuttal to Respondent’s Faery Tale. In this game of tennis, I’ve discovered you combat untruths as rapidly as possible to preclude post hoc rationalizations and mistruths from accruing and growing roots.

It dawned on me this morning that something amazing is transpiring here. On Tuesday morning, I received a phone call from our regulations-challenged VRC/VR&E Officer-in-charge at Fort Fumble that he ‘contended’ he had recently ( within the last hour) received a phone call from the VA Secretary. As he is frequently confused as to what he does and where/when it occurred (as evidenced by his “repeated consultations’ with me in the spring of this year), I presume he means he allegedly talked with one of the VA Secretary’s staff members or with someone in authority at VR&E Services in D.C. What the hey? Maybe Secretary Bob did call him and ask him if he had the vapors. If he believes he conducted numerous imaginary conversations with my doppelgänger, he may be laboring under the delusion he talked to “Call me Bob” as well. You know these GS-14 AFGE blowhards. They’re all name droppers.

What became apparent is that Mr. Boyd is operating in what we call a “real time environment”. My filings with the Court of Veterans Appeals had not been posted to the ECF docket appendix yet. In fact, it was not published until this morning or overnight. As such, it could not have fallen into the constructive possession of the Veterans Administration prior to delivery at 810 Yellow Brick Rd. in Oz, DC yesterday morning-fully 24 hours after Mr. Boyd’s phone call. Ruh-oh, Rorge. That can only mean Secretary Bob and the  Keystone Kops Krewe are reading this blog. Who woulda thunk it?

Mr. Boyd reluctantly stated VA Secretary Bob instructed him, that upon hanging up from their call, he call me directly and explain that he had been pulled from the case. He went further and explained that he would not be my VRC in the future and that my VR&E services request for a Greenhouse had been forwarded to Washington DC to “comply” with the BVA decision. No apology was proffered and none requested. I acknowledged that if asked, I would confirm our conversation occurred.

If VA SES poohbahs can use “realtime” communications like asknod.org to access sensitive information as it occurs, just think what this means for VBMS. If every Veteran had his own blog, s/he could transmit live denials and express the rationale for why the denial was flawed. RO investigation of misfeasance/malfeasance could be instant or near-instant to rectify these rare mistakes and correct them promptly. From the record, it is obvious that VA could not have the requisite knowledge to call Mr. Boyd 24 hours prior to receipt of the OGC’s courtesy copy of the Court filing rebutting what appears to be the perjured testimony of Mr. Boyd.

clotheslineAh, the miracle of the internet. We live in exciting times my friends. Would that I could have been a fly on the wall for that alleged telephone call from Secretary Bob. Without seeming gleeful, I will note there was a marked change in Mr. Boyd’s telephonic demeanor when he called. Gone was the arrogant, self-assured persona and in its place was a hollow, resigned, seemingly deflated employee. Can’t say I didn’t give them about a mile of rope before I clotheslined them.

In this business, evidence is king. If you send pleasant emails chirping like a songbird and later find out VA has been reading to you from Grimm’s Faery Tales, it makes you far more credible when you finally pull the rug out from under them. VA uses the paper trail to hang you. I discovered the reverse is equally true. If they lie and say they planned your ILP in great detail with you and have no evidence, it’s lay testimony tenuously held up by the presumption of regularity. When you demolish the presumption with unequivocal proof otherwise, suddenly there is a presumption of lying. Throw a tablespoon of perjury in and you have a recipe for VA humble pie.

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Petitioner’s rebuttal of Boyd fiction

Like sand through the hourglass of life. We’ll keep you all posted, hear?

Nodster

LOGO THAT OTHERS MAY WIN

 

This is the seventh in the Extraordinary Writ #16-2098 series. To view the next one click here

CAVC-ILP #16-2098–THIS ILP’S FOR YOU

 

Posted in All about Veterans, CAVC Knowledge, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, Tips and Tricks, VR&E | Tagged , , , , , , , , , , , , , , | 5 Comments

CAVC-BELL V. McDONALD–SPECULATIVE VERSUS NEGATIVE NEXUS

vetcourtappealspromoOnce again, Veterans Law Judge Ursula R. Powell and her staff attorney(s) have struck out on Hepatitis C. Why is it so difficult to arrive at a nexus/IMO in this subject? With the wealth of knowledge we have accumulated over time, PCR DNA microtesting and Metavir scoring via biopsy to determine the probable age (give or take 5-10 years), why is it those VA Examiner sleuths continually claim it’s a speculative enterprise? Could it be they have already arrived at a denial but lack a probative risk that qualifies as willful misconduct? 

To begin with, let’s look at VLJ Powell’s medical assessment and how she arrived at this “medical misepiphany”:

http://www.va.gov/vetapp15/Files2/1512625.txt

Schafrath v. Derwinski . 1 Vet. App. 589; 1991 declared in the dawning days of the new COVA that if you offer a C&P to the Vet, it better be an informed one that will stand up to inspection. It can’t be has-affed and slipshod. More importantly, it cannot create more conundrums than it hopes to solve.

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VA began this “speculative” venture in the early to mid 2000s and almost exclusively used it to deny Hepatitis C claims. It stood the test of the BVA who went along with it part and parcel. Their reasoning was poor overworked VA examiners had worked themselves into a lather and had blisters on their fingers from searching far and wide for something- anything- to exonerate the poor Vet. Alas, nothing was forthcoming and after much soul-searching, a decision was made that, short of flipping a coin, it was just too complicated and there wasn’t enough evidence pro or con upon which to formulate an opinion. Well, hey. That worked out so well, they began mass producing the speculative theorem for application to everything. Pes Planus? Whoa, pilgrim. Waaaaay too speculative to go out on the little branches and attribute it to nasty, ill-fitting Army combat footwear. 173rd Airborne with a Master Parachutist’s badge? It would be speculative to attribute a compressed spine to any event in service. And so on.

downloadAs with any mission creep, when the repair order becomes a universal fix for denials, careful introspection of the HAL 9000 logic circuits is called for. Judge Coral Wong Pietsch disassembled this and found the logic so defective that it essentially proved just the opposite- that our poor Mr. James W. Bell more likely than not should be service connected for his Hepatitis C. First of all, Powell had to step over Groves v. Peake 2008 to make this ruling. To add insult to injury, she had to somehow mentally arrive at the conclusion that a speculative declaration was really camouflage for “not at least as likely as not” service connected. This speaks volumes to a) her powers of reason, and b) her definition of equipoise.  A quick trip to Meriam Webster’s to determine if they changed the definition of speculative last night while we were sleeping reveals all’s well. Mission creep it was. Yessssssssssssssss.

If this keeps up, Judge Coral Wong Pietsch (pronounced Peach) will be officially canonized and receive her Sainthood. Imagine how simple this was and yet it still went off the tracks. Jetguns were in heavy usage in 72-75. The FAST letter said it was plausible. He had a Dx of “resolving hepatitis” in service affording him Groves protection. Lastly, he had two nexi albeit nexi that would give most attorneys pause before they introduced it into evidence. It’s fairly common knowledge to everyone outside the VSO arena (who still haven’t read about Mario Caluza’s misadventures in the Philippines), that a good nexus cannot contain coulda, mighta, probly, ruled out, possibly or my Uncle Earl had that same thing and it turned out to be Hep C. Sadly, it appears VLJ Powell myopically dialed in on that one “probably” of Dr. Sreenath’s and tossed the other one in the trash as there was no MD after the name.

A conceptual misapprehension pervades the Board’s analysis. The September 2010 examiner’s opinion “provides neither positive nor negative support for service connection.” Fagan v. Shinseki, 573 F.3d 1282, 1289 (Fed. Cir. 2009). “Therefore, it is not pertinent evidence, one way or the other, regarding service connection.” Id. The Board, however, labeled the September 2010 examiner’s opinion a “negative nexus opinion.” R. at 9. The Board later stated that the examiner opined that “it would be speculative to medically attribute the [appellant’s] current hepatitis C to the in-service injections via air gun.” It should have stated that the examiner opined that she could not answer the medical question presented to her without resorting to speculation, a subtle but important
difference. In general, the Board chose to view neutral medical evidence as medical evidence against the appellant’s claim.

I do not propose to make the leap of logic that all BVA Veterans Law Judges are this lazy or logic-challenged. I know several and their powers of observation are not nearly as compromised. However, in the arena of Hepatitis C law, I see far more defective decisions than correct ones. Sadly, the fault lies in most cases with a VSO rep. who lets the Veteran advance to the BVA with no nexus whatsoever rather than a poor one. It might be noted that Mr. Bell actually had an attorney holding his coat at the BVA- one Peter J. Meadows, Esq. I also see he wisely resaddled his horse with one far more knowledgeable (Danial C. Curry) who is far more well-versed in the subject of Hepatitis.

Generally, in Hep C jurisprudence, absent any other risk factor than jetguns in service, it ought to be an open and shut case if the service medical records show a dx of hep even if it is not otherwise specified what flavor it was. In 1972, the state of the art amounted to the Australia Antigens Test. A positive test result indicated Hep B and a non-reactive result reflected Hep A. Unfortunately, Hep C often caused a positive reaction. Worse, Hep C would not be identified until 1989 and a commercial test available until 1992. Imagine how many have been crucified on the cross of “We don’ see no Hep C in your 1972 medrecs bubba. All it says is Hepatitis”. A litmus test for all the wrongly decided BVA decisions would be to see how many invoked Maxson v. Gober.

Ladies and gentlemen Veterans, I give you a classic reversal well-reasoned and a well-earned bitchslap for legal ineptitude. Meet Mr. James Bell, newly service connected and an unwitting member of  HCVets .

Bell v. Ronald McDonald

No Bozos

No Bozos

 

Posted in CAvC HCV Ruling, CAVC Knowledge, HCV Risks (documented), IMOs/IMEs, Jetgun BvA Decisions, Jetgun Claims evidence, KP Veterans, Tips and Tricks | Tagged , , , , , , , , , , , , , , , , , , , | 1 Comment

ALEX GRAHAM–NON ATTORNEY PRACTITIONER

280px-Plainofjars_1Gee. Does this mean I get to put NA P after my name? Or N-A P. Or is it NAP? Or the mundane VA Agent? All these queshuns and no guidance. Boldly going where no Air America Veteran has ever gone before. Who would ever have thought that joining the Plaine Des Jarres Golf and Country Club could ever lead to a cush job in VA claims half a century later?  Go figure. How about Agent at law? NQE (Not Quite an Esquire)? 

 

capture

 

Sorry they got the email and phone number wrong. I’ll fix that tomorrow. Until then it’s still asknod@gmail.com.

Thank you. All of you. I mean that. I know I say that you’d do the same for me if the shoe was on the other foot. At least one of us has shoes to put on another foot.

Nodster

Posted in KP Veterans, VA Agents, Veterans Law | Tagged , , , , , , , , , , , , , , | 8 Comments

ILP–WHEN IN ROME, ACT LIKE A ROMAN

imagesOver the years, I have been appalled to discover VA is prone to either breaking the rules or feigning ignorance. Rarely, however, do they engage in post hoc blatant lying to defend their actions. What am I saying? Of course they do. That’s where the term “post hoc rationalizations” originated.

I spotted it several years ago and have since seen it used by succeeding Courts to demolish after-market rationale for why the VA acted the way they did. When the CAVC or the Fed. Circus defines your actions as unconscionable and that further argument only shows you grasping at straws to exonerate your stupidity, you suddenly discover you finally earned their disrespect and, depending on the level of perfidy, a loud, resounding bitchslap.

ILP is greaaaaat!

ILP is greaaaaat!

In the five years I have spent trying to learn the ins and outs of ILP for all Veterans, I have discovered VA VR&E folks have a singular flaw- a mental disability if you will. Much like the military, and indeed the VBA adjudicatory arm, the presumption of guilt or unworthiness precedes you. Fighting for the greenhouse was illuminating. Usually, when denied, a fixed set of reasons is stated. It is static or unchanging. Unless, or until, you mitigate this with an IMO or letter from a licensed vocational therapist that says a greenhouse would look greaaaaaat on you, you are not going to prevail.

Which brings up the next contretemps. What happens if you meet or beat that denial rationale? Bingo. Greenhouse, right? Well, not exactly. In VREland, this often segues into a new denial based on an entirely different metric. And so on and so on… After three different theories of denial, it became apparent to me that I was never going to prevail because no matter what repair order I initiated, the new denial would be predicated on something I had never addressed or contemplated. Why would I try to cover every contingency? Who could possibly dream up each and every scenario in advance and formulate an argument to counter it?

But what if? What if, during the whole five years of appeals, there was never any intention of bargaining in good faith? What if the principle actors in this novel had no intention whatsoever of acquiescing when you had finally crossed all the t’s and dotted the i’s correctly? Worse, as here, what if they lied and cheated to accomplish the denial ?

VA personnel, for the most part, are honorable folk. With that said, it is inevitable that there will be a few bad apples-a few unsavory characters- that somehow escaped detection for many years and wreak untold havoc on Veterans. These employees feel they are above the rest and serve a purpose by protecting the VA financially against all assaults. Using any means handy, legal or illegal, is perfectly kosher. When those barbarian Veteran untermenschen are storming the gates, resorting to illegal means is considered fair and appropriate to defeat them.

Seattle’s VR&E Officer has never been faced with an attack of the magnitude I mounted. He was unprepared for my tenacity and staying power. True, most Vets would have thrown in the towel by now. I know many of you attempted to follow in my footsteps for various things like riding lawnmowers and metal detectors and were summarily denied. Almost to a man, you gave up. I don’t fault you. Most would. VA can be very overbearing and the old wive’s tale that you can unceremoniously be stripped of your compensation poker winnings is still perpetuated by VSO representatives daily across our fruited plain.

Being twenty-year protected is an asset in this even if you believe the claptrap VSO reps spew out “beware of becoming uppity”. Unless VA can prove I obtained my ratings fraudulently, they are inviolate. With that sure knowledge, I feel more confident in bearding the VA lion in his own den. What I never expected-what no Veteran would expect- is that an employee, having been overruled by the BVA, would cheat and attempt to substitute a cheap knockoff version of an ILP and say the Veteran agreed to it wholeheartedly- and what’s more- was part and parcel in the formulation of the deficient plan from start to finish. Welcome to the Hotel Seattle.

Last Wednesday was a sobering experience. I anticipated some animosity and ill will. I was prepared for a bait and switch, too. What I was not prepared for was the level of animosity generated by having a higher Court of law finally call bullshit on the VR&E and overturn all that hard, well-reasoned denial work. Well, that and the ensuing lies. How do you deal with it? Why, bust out that keyboard and let ‘er rip. If VR&E can take it up a notch, it’s time to become more rambunctious in the playpen. Ladies and Gentlemen Veterans ( and you all do act like well-bred folks), I give you an opus for the ages.

No Veteran should ever be subjected to what I went through last Wednesday. I don’t care if you are a combat Vet or one who flew a desk for 20 years in peacetime. You earn your stripes. If, in the course of doing so, you became irreparably harmed, you get certain promised remuneration. For the most egregious who suffer major, severe disability, there is a final level of reward above and beyond SMC that Congress set aside for us. I speak of ILP, of course. For VA to offer such a program and then make it impossible to attain is the height of hypocracy. To hide it in a dark corner and deny its existence is one thing. To refuse to implement a legitimate award is quite another. But the true crime is where the Agency resorts to misfeasance-nay, malfeasance- to show their displeasure at being dissed. Committing perjury on top of all that to justify one’s actions is simply beyond the pale. That, my friends, is where we have to draw the bright line and say “He’s lying”.

Janis-JoplinBeing a chucklehead know-nothing, I take it upon myself to call out this lie and let them know we’re mad as hell and we’re not going to take it anymore. You have to choose your battles wisely but Janis Joplin also said it quite eloquently as

“Freedom’s just another word for nothing left to lose.”

Fly at it, gentlemen. I won’t back down. I was bushwhacked for calling a certain unnamed VA “charity” a scam last year. I was also exonerated by CBS News. My personal ILP experience so far is equal to, or even more obscene, than the treatment I received then.

Cupcake admonishes me constantly to entreat the Lord to keep his arm around my shoulders and his hand over my mouth but even she realizes there comes a time to stand your ground and fight. This ILP’s for you, my fellow Vets.

VASEC +VRE letter 7-18-16

LOGO THAT OTHERS MAY WIN

 

 

 

Posted in All about Veterans, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, Presumption of Regularity, Tips and Tricks, VA Conspiracies, Veterans Law, VR&E | Tagged , , , , , , , , , , , , , , , , , , , | 11 Comments