ILP-CAVC #16-2098–HERE COME THE JESTERS 1,2,3

Posted on July 9, 2016 by asknod

small-farmers-inferior-correct-jpgAlmost right on the money, the Seattle VR&E Insurance Adjusters  are mounting up a posse to head off that Grahambo troublemaker. He’s got their ass in a terrible jam, fifty years later after Viet- Nam. Last week, once again, Mr. Holloway drew the short straw and was elected to call and ask about afternoon tea soon to discuss when and how the new greenhouse would be situated. I’m pretty sure they weren’t coming over with a portfolio of choices to decide which one was themed better aesthetically. Come on guys. I wasn’t born at night and the USS Mayflower is not tied up outside my front door. I know VA better than that by now.

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St.Meg Bartley

All funnin’ aside. As some know, I filed an Extraordinary Writ of Mandamus with a standard filing fee of a U.S. Grant coupon. I now am CAVC #16-2098 in the able and very liberal hands of Judge Meg Bartley. I begged for my by now 10-month delayed delivery of my promised greenhouse. I predicted a response in 30 to 45 days of the 10 June mailing. Since we’re talking about the VR&E who have time to burn, it occurred sooner. The weightiest thing they have going this month is to deny Johnny Vet’s ILP request for a riding lawnmower. That’d be the Johnny that ate the IED outside Fallujah in 2003 and lost both his legs.  The same Johnny who is on SMC O. How do they summons up the gall to make those denial decisions? These fellers are making $114 K and $101 K a year to deny a Vet a one-time shot at a greenhouse. The problem is the same two have been denying me for over five years. Add them salaries up and you see One Million and sixty six thousand dollars devoted to a denial which turned out to be wrong to boot. Shocked. Did I mention I was shocked?

I digress. It took 27 calendar days to make the phone ring. In keeping with the spirit of the summer (Independence Day weekend), I scheduled the conference and the ceremonial signing of the Individualized Independent Living Plan (VA Form 28-8872) for the day after my VA Agent’s test. Mr. Holloway was equally cool, calm and collected. No mention of Extraordinary Writs arose. It was as if quite coincidentally, The VR&E had suddenly made great inroads in the delay and had finally hired their  On-site Construction Manager. It was now time for all to sit down and sign the memorandum of understanding. No flies on VA.

WEDNESDAY, 13 JULY  AGENDA

This is where it gets humorous. My secret weapon at Congressman Kilmer’s office, Nick Carr, is letting me borrow the Congressman’s Veterans Affairs technician, one Eric Williams, to sit in next Wednesday and officially represent the Congressman.  This should be an eye opener for him.

Meanwhile, at the suggestion of certain VA VACO employees in DC, I was strongly urged to call Secretary Bob and tell him about this. Since shit rolls downhill, it was theorized that bitching at the top would provoke a call to the VR&E office and a status report. Then certain folks could become involved directly at the behest of the Secretary. This will elicit a microscopic review of just what in Sam Hill is transpiring in Seattle.

Add in the pressure to deliver a report or status update to the OGC (027) about the Extraordinary Writ  before July 24th and you have the perfect storm of employees running around who don’t know whether to shit or go blind. Pardon my salty French.

What has happened is painfully obvious. The BVA Veterans Law Judge (VLJ) was looking at New and Material Evidence submitted with a Waiver of Review by the Seattle VR&E chowderheads in the first instance. Since the RO pukes were so rude as to throw my timely filed May 22, 2014 SSOC rebuttal into the circular file and fail to read it,  VLJ Vito Clemente accepted it for the first time into the record during the April 2015 Travel Board Hearing. By law, the VA has to consider that evidence as it is far more current and immensely probative of the here and now-not 2011. Think of it as a Fenderson Staged Rating. I filed in 2011 but I’m far worse now. The ILP accommodations have to be commensurate with my current physical capabilities- not what I was capable of in 2011. Similarly, what I asked for then and what I ask for now is immaterial. VR&E has to fashion the fix to the circumstances. One size greenhouse does not fit all circumstances or disabilities. Think of this also like Clemons v. Shinseki. I’m not well enough versed in the arts of ILP to know what size greenhouse I need. I just know I need a larger greenhouse. VA is obligated to determine how large that should be on a case by case basis.

Let’s compare this to a regular claim for compensation, too. I’ve now satisfied the three Caluza Elements. Mega-disability, a need for a repair order and a track record at this hobby. It is tantamount to winning at the BVA. Vito remands it back to Seattle where our VR&E Ratings Rangers are paralyzed from the neck up. They stare at it for 4 months and punt it to VR&E VACO (Central Office Hqrs.). The Big Poohbahs figure out how to shrink it into the smallest square footage permissible and still call it ADA. Oh, and absolutely no grow lighting permitted. This would be feasible if I was going to grow mushrooms.

So the claim is granted and the rating is a standard lowball. VA bets 15’X 20′ Spartan Model. I see them and raise it to 24 X 48 with growlux and hydroponics. Next Wednesday we’re going to discuss the documents below and the marked up areas in the BVA Decision.

BVA greenhouse decision redacted w markup

15X 20 Greenhouse redacted

Judge Clemente has left a treasure trove of legal findings for the Ratings Rangers to follow in order for this to be legal. A greenhouse with no storage means having to go outdoors to bring in supplies. A greenhouse without hydroponics means a lot of heavy lifting to get potting soil inside. This means a lot help from family and friends-quite the opposite of the objective of Independence in everyday living without the help of others.

Playing ILP poker is a science. The counselors are fond of trendy terms like ‘self-actualization’ and freely bandy about the term ‘independence’. When it gets down to it, VA’s independence in everyday living metric is being able to get up from the water closet all by yourself using their famous IL grab bar (stainless steel antimicrobial). Having hydroponic tables in a well-accoutered greenhouse is so far off their radar as to be inconceivable.

This is no longer humorous. The date of the IILP was July 7th. That meant it was drawn up several hours after my email in a fit of pique. Who knows how long they’ve been sitting on this 15 X 20 foot floor plan? I wager it wasn’t arrived at on the Left Coast recently. Here’ what I did that got me coal in my stocking:

Kris,

In your recent phone call you mentioned you had a brief  (working paper)summation of what was being considered on the greenhouse parameters. Before we meet, I would appreciate a copy of it or an IILP you might be considering for my signature so we can accomplish this in one visit. If we are not in substantial agreement on the goals, the actual size and configuration of the greenhouse or what VA considers a “reasonable accommodation”, your drive over would be a waste of time. 

I have striven over time to be an active stakeholder in this but the lack of information is causing an irreparable breakdown in communications. This is what prompted my filing to the CAVC. The VA Secretary, as you probably know, has until July 24th, 2016 to respond to that current Extraordinary Writ petition before the Court. I was hoping I could file a Petitioner’s reply brief afterwards saying we have reach a mutually agreed upon modus vivendi. Absent any input or a beginning dialogue until we meet face-to-face is counterproductive and will only lead to further delays. 

The Farmtek ILP coordinator, Karen Meister, was given the full list of my disabilities and asked to craft a bid that hewed to the medical shortcomings and  the ADA nature of my disabilities. A 24 foot by 48 foot greenhouse will encompass the same area I presently have under cultivation. ADA requirements also show a need for two entrance/exits at opposite ends. Due to my 6 ventral hernias and permanent lifting constraints of 10 lbs., using potting soil is sadly no longer an option. This was discussed in the opening colloquy with the Veterans Law Judge. We impressed upon him that 38 CFR § 21.160(a)’s “General”  introductory statement encompasses all disabilities-both service and non-service connected.  Any IILP must take all my disabilities into account. Simply providing a covered structure with a 120VAC outlet and a water spigot will not suffice to satisfy the BVA findings. I hope we are clear on that. As you may be aware, too, my rated disabilities have increased to dramatically to 100%,100%,60%,40%,30% and 10% since my original filing in 2011. These percentages do not include my Crohn’s disease, numerous hernias or balance issues. Merely trying to comply with the original 2011 greenhouse  parameters is no longer a limited option left on the table now.

Obviously, if the The VR&E parameters fail to encompass the BVA findings and appeals language, we will shortly find ourselves at an impasse before we even sit down. VR&E already finds themselves on shaky ground and in violation 38 CFR § 21.192(a)(2). As of today’s date, it has been ten months and two days since the BVA decision was released. As this is a matter of first impression before the Court, it is possible Judge Bartley may construe it as essentially an arbitrary refusal to act on the VA Secretary’s part.

Additionally, as covered in 38 USC § 3107(a), the statute clearly states:

Such plan shall be developed with such veteran and shall include, but not be limited to 

(1) a statement of long-range rehabilitation goals for such veteran and intermediate rehabilitation objectives related to achieving such goals, 

(2) a statement of the specific services (which shall include counseling in all cases) and assistance to be provided under this chapter,

Court Of Veterans Appeals precedence unequivocally states that the usage of the verb “shall”, as opposed to “may”, clearly and unmistakably demands compliance with the regulation. 38 USC § 3107(c)(2) :

In any case in which a veteran does not agree to such plan as proposed, to such plan as redeveloped, or to the disapproval of redevelopment of such plan,

such veteran may submit to the person described in section 3106(f) of this title a written statement containing such veteran’s objections and request a review of such plan as proposed or redeveloped, or a review of the disapproval of redevelopment of such plan, as the case may be.

See also § 21.92 Preparation of the plan.

 (a) General. The plan will be jointly developed by Department of Veterans Affairs staff and the veteran.

 

It would be preferable to sit down with a preconceived idea of VA’s intentions to avoid further discord or misconceptions. As I have no knowledge of hydroponics, I am hoping for some guidance or educational instruction along the lines of what was provided to me on the 2012 ILP computer services from Jim Moss. We all desire the same outcome-one free of dissention and disagreement. Towards that end, it might be time to begin our own colloquy towards a mutual agreement of what will be provided as opposed to a one-way, dictatorial statement of what VA is prepared to offer. As mutual stakeholders, it is imperative to communicate openly and frequently to accomplish this in a timely manner. Absent that, we are merely working at cross purposes and may never find common ground.   

 

On another note, during your last visit, I asked you to submit a request for the Lexis Nexis Veterans Benefits Manual and supporting CD disc. I am sitting this month for the VA nonattorney practitioner’s test and am desirous of having the materials to assist in my future preparations for helping Veterans. VA’s laws and regulations, as well as the M 21 and M28 change frequently. Absent any updates, my pro bono work stands a chance of being incorrect or inaccurate. Since VA’s VR&E program is increasingly shrinking in the number of Veterans helped, this should not impede or grossly impact other deserving seriously disabled Veterans as defined in 39 USC § 3120. I note for several years now that the VR&E has been unable to identify (only 1,426) and award the full  compliment of 2,700 individuals authorized by law to entitlement to the IL Program. VA’s own IL Case Reports show in FY 2004, Seattle had 41 successful rehabs versus the 7 recorded in FY 2015. Either the number of severely disabled Veterans is in decline or the program suffers gross underutilization. In any case, there appear to be ample funds available and waiting to be awarded. I would appreciate an update on that request when I see you on the 12th unless you have information on the status presently. Presuming an inevitable denial, I would respectfully request you send it back to VR&E VACO for Administrative Review as soon as possible. 

Without a VR&E position paper on what is proposed, any potential agreement will be stymied and your valuable time wasted. I’m fairly sure we don’t want that. In the event you cannot supply me with the documents, we should reschedule our meeting until we have a mutual understanding hammered out that will be productive and a viable IILP that encompasses what the BVA held in its findings.

I look forward to a timely response and the requested documents.

Buckwheat sends.

Zero Hour’s 10 AM. I expect the Jesters will all be in high spirits for a minute or two until Eric is introduced. The garden is in full bloom for inspection. The original cold frame cum VR&E greenhouse will be open for viewing. A good time will be had by all some. I expect a lot of huffing and puffing over a failure to sign the IILP will ensue. I consider not signing the IILP a symbolic NOD and an inferred request for an Administrative Review. Or, we can talk turkey and get it over with.

And that all I’m gonna say about that.

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This is the fifth installment of the Extraordinary Writ #16-2098. To view the next one, click here 

CAVC-#16-2098–EX WRIT–RESPONDENT’S RESPONSE

 

Posted in Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, Tips and Tricks | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | 5 Comments

BVA–WHERE’S MY §3.103(C)(2) PROTECTION?

Posted on July 8, 2016 by asknod


imagesAt the NOVA Spring conference this March in Las Vegas, I  attended a class on 38 CFR 3.103(c)’s protections afforded us but never offered. To wit, the conference that is permitted to inform us of what we are lacking or could sorely use to help us win. I consider this the Duty to Assist briefing of all briefings. VA figures they published it so everyone knows about it. Right? Yep. Just like everyone knows there is an ILP program where you can get lots of neatsy keen stuff if you apply for it. 

Here’s the salient passage from §3.103(c)(2):

It is the responsibility of the VA employee or employees conducting the hearings to explain fully the issues and suggest the submission of evidence which the claimant may have overlooked and which would be of advantage to the claimant’s position. To assure clarity and completeness of the hearing record, questions which are directed to the claimant and to witnesses are to be framed to explore fully the basis for claimed entitlement rather than with an intent to refute evidence or to discredit testimony. In cases in which the nature, origin, or degree of disability is in issue, the claimant may request visual examination by a physician designated by VA and the physician’s observations will be read into the record.

Well, that’s what it says in VAspeak. In Vetspeak, that translates into “If you ask, we have to tell you what you need to win. Just don’t expect us to volunteer the info, hear?

Here’s a case of Johnny Vet who stepped on his pink snake and got in trouble. He gave 9 long years to his country, including two tours in Vietnam that had to be nasty. His second enlistment was fraught with problems and he ended up with an other than honorable discharge. This Big Chicken dinner effectively barred him from compensation benefits that might have accrued in that second enlistment period.

http://www.va.gov/vetapp16/Files2/1609764.txt

downloadHe punched out in the middle of this appeal in  February 2011 and his wife took over. She didn’t fare so well. Here’s where a little tutelage on § 3.103(c)(2) from the American Legion service representative might have helped.

It is well-known that you can go back and petition the Army Board of Corrections of Military Records and ask for an upgrade to an other than dishonorable discharge-perhaps a General under honorable like mine. This would remove the bar to compensation in 38 CFR § 3.1(d).

Don’t they teach that in Claims 101 at the VSO school? Hell, they say it stands a good chance of being on the Agent’s test I’m taking next week. I was even admonished to bone up on it and be prepared to be quizzed.

The teaching moment is simple. If you have ‘Imperial Entanglements” preventing you from achieving a win on your claims, it behooves you to get your house in order before you file the claim. In the alternative, when you lose based on this regulation at the VARO, it seems it might be a good idea to write to the ABCMR and beg for a discharge do over. Going up to the BVA with it still on the books is merely going to result in a “What part of ‘no’ don’t you understand, boy?”

In retrospect, reading these sad tales, I often wonder why the DRO, or whoever the Vet sits down with for a hearing, doesn’t just say ‘Ruh-oh Rorge. You gotta fix this first if you even hope to get SC, bro. You’re screwed.’ Why would they let it go to DC facing a guaranteed denial? What kind of legal system would allow that?

Speaking of which. I got a neatsy keen invitation to join the AmLeg for $30 a year yesterday. They promise me they can get me service connected pronto. Hell, they haven’t even seen my discharge. How do they know I have good paper?

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Posted in BvA HCV decisions, KP Veterans, Military Madness, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , | Leave a comment

1957–BLACK CATS ON THE FOURTH

Posted on July 2, 2016 by asknod

Capture22We lived at 6031 Brook Drive in the shadows of Seven Corners. We’d moved there from Rodes Court over in Annandale in 1954 when my dad got back from Korea. Every weekend before the Fourth of July, Dad and I would make the drive out past Mananas to Front Royal. Northern riffraff called Manassas Bull Run. Dad used to say that’s how you could tell they were carpetbaggers from up north.  Dad had an old war buddy there who owned a Texaco gas station. More importantly, he had fire crackers. They were illegal back in those days and finding any was nigh on to impossible. Being an Air Force fighter pilot, nothing is impossible. If you’ve ever watched The Great Santini, Robert Duval’s character, if anything, was greatly subdued even by Hollywood standards. Nothing fazed my father. An hour and a half drive out what one day would be Interstate 66, and a hop, skip and a jump north of the Skyline Caverns on North Royal Street, Earl’s Texaco station was our annual mecca.

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Dad accidentally discovered Earl’s station in 1956 when we were out fishing the south fork of the Shenandoah. Earl had been one of his armorers at Steeple Morden Airpatch during the war. Armorers were the ones who loaded and sighted in the six .50 calibre wing guns on the 355th’s P-51s so their camaraderie was long-lived. What were the odds of running into one another a decade or more after the war-in Front Royal?

wr-f2Earl was the east coast distributor of Black Cat firecrackers as far as I knew. He also had cherry bombs and M-80s but Dad considered them too obnoxious. This was Top Secret information. We were not allowed to divulge from where or whom we got these. Not even Mom.  It was one of the first lessons I learned in OPSEC (Operational Security) and would serve me well fifteen years later in Laos. Dad and Earl had to profusely greet one another each year and shake hands all around with Earl’s boys. Earl would regale his employees annually on how he painted each of Dad’s sixteen kills on his aircraft.  We children were briefly introduced and were treated to a Nehi or a Co-cola. The Big Guys would go in the back room and have a snort of Bourbon and toast those who had fallen in battle. After a half hour or so, Dad would emerge with the brown paper bag containing the goods and we’d all say our goodbyes until next year.

 

500243We also got those brightly colored little popper balls you could throw down for a loud bang but the Black Cats were the prize. We never lit them off in full strings. Dad would meticulously unravel them and only light off several at a time. Until I moved  here to Washington state, I had no idea you could buy them rolled up in wheels of 10,000 for $100 (back in 1974).  They’re almost $200 now unless you know the dealer. The Indians have everything up here. You can buy a basketball with a ten-inch fuse hanging off of it. It’ll send a wheelbarrow up 35 feet and dang near flatten it out with the handles and wheel still attached. But in 1957, a Black Cat firecracker to a five year old was pretty heady stuff considering no one else on Brook Drive had anything louder than one of those Champagne Bottle-shaped poppers with confetti streamers in it.

Cupcake and I went back to the old neighborhood in 1999 when we drove back for a visit. It’s the first time since 1959 when we moved away. We used to sled down Heather Lane and it felt steeper than Mt. Everest then. It’s a wonder how we ever got up to 15 mph when I look at it now. The politically correct address police have also descended in the meantime and changed the old hacienda to 6122. Fond memories are now a click away on Mapquest©. You don’t even have to fly back there. And nowadays Black Cats are just a hop, skip and a jump up the road at the Skokomish Tribe’s many gunpowder happiness fulfillment centers.

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“Mount Heather Lane”

From all of us here at asknod, we hope you have a lovely Fourth of July. Count your blessings that you don’t have that silly accent and had to join Mother Britain in a
‘Brexit’ this summer, too.

 

 

Posted in 4th of July, Humor | Tagged , , , , , , , , , , , , , , , , , , | 3 Comments

BVA–KEEP YOUR EYE ON THE BALL

Posted on June 29, 2016 by asknod

VeteransAdministration.12755109_stdAs in baseball, adjudicating claims at the VA or the BVA requires constant attention and a myopic focus. Far too often, Veterans Advocates find themselves fighting a battle for (or against) an extraneous subject far from what was claimed. Here, Attorney Barbara Hanna, of Cowardin, Kim and Riddle had to saddle up and get accepted to practice at the VA in order to fight this one. After that, she had to fight a battle to prove Johnny Vet’s 1977 Hepatitis and subsequent cirrhosis were the primary ingredients that led to eventual death in order to prevail. She should never have had to.

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Not bad for a retired JAG

Here’s the decision and a great Picture of VA Dragonslayer Barbara Hanna

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files1/1604415.txt

Far too often we find ourselves fighting a straw man argument of a 1977 diagnosis in service of Hepatitis (not otherwise specified or NOS) that ‘was acute and resolved’ having no connection whatsoever to a present infection. Sadly, that is the case in virtually all VA claims involving Hepatitis C. Absent any contemporaneous testing, when this virus rears its ugly head again in 2005 or so, VA is fond of trotting out Maxson v. Gober  and claiming it’s all one big old-age coincidence with no correlation. Alternately, they cotton to the “Well, he wasn’t diagnosed with it until 2002” as if he contracted it in 2002. Precisely when a disease is identified has no bearing on its initial inception. VA knows that.

One big hurtle that enters following these preliminary denials is science. Nowadays, we can determine exactly what you did have (A,B or C), what you never had (A or B) and how long you’ve actually had Hep C.  Yep. You read that right. A simple liver biopsy with a core sample shows degree of activity (Grade) but most importantly – degree of fibrosis – conveniently converted into 10-year F cycles called Stages-i.e. Stage 1  is ten or more years old; Stage 2 is twenty or more years old et cetera. Johnny Vet here had hit Bingo and crossed over from Stage 4 (full blown cirrhosis) into Stage 5 (death). This is known as the Metavir Scale and is the most widely used. VA will never biopsy a guy from Vietnam to ascertain the F scale of 3 .8 to 4. They won’t even acknowledge they have the ability to (and usually do) test for the Genotype and find out if it is the American strain  (Genotype 1A) or the Indochinese Peninsula variant indigenous to that neck of the woods (Genotype 3A). VA is amply aware of this technology but will only use it to deny you-never to corroborate your claim. In Johnny Vet’s case here the local Korean Genotype was 2A or 2B. Again, an easy test.

Likewise, VA is extremely fond of trying to muddy the waters and say a Vet, as in this case, died due to metastatic adenocarcinoma and try to ignore the second half of the rationale of record. This is the straw man conundrum. He died from cancer. Period. So what if he had a raging case of Hep C and liver “irregularities”. He was going to die of the cancer regardless. 2 docs said it. In fact, he even admitted he didn’t have any risk factors for Hepatitis C in service so it can’t be service connected -so he didn’t die from getting clap in Korea.

Absent from this cart-before-the-horse convoluted logic is the predicate. Had his liver not been so severely compromised, he might have had a fighting chance at conquering the cancer. Here, due to the overwhelming medical complications of a compromised liver, he was incapable of even considering  a course of chemotherapy. VA would prefer you ignore that facet as it tends to undermine their rationale for denial. The CAVC calls this “post hoc rationalization” produced after the battle to buttress the denial when attacked. You will see this frequently so look for it.

When filing claims, and especially claims for service connection for cause of death, it is important to take a good long gander at 38 CFR §3.312-Cause of Death. In fact, had the VA Examiner paused to read his own regulations and guidelines on this -specifically §3.312(c)(4), I doubt the matter would have risen to this level at the BVA and consumed scarce judicial resources. To wit,

(4) There are primary causes of death which by their very nature are so overwhelming that eventual death can be anticipated irrespective of coexisting conditions, but, even in such cases, there is for consideration whether there may be a reasonable basis for holding that a service-connected condition was of such severity as to have a material influence in accelerating death. In this situation, however, it would not generally be reasonable to hold that a service-connected condition accelerated death unless such condition affected a vital organ and was of itself of a progressive or debilitating nature.

Here, VA has chosen to ignore the well-known cumulative effects of Hepatitis C untreated. Since Hep C infection is subtle and gradual, it often goes undiagnosed for decades. By the time it is identified, it often is incurable or a contributory factor in a myriad number of comorbidities. VA is well aware of this but chose to fight this widow to the mat over something they freely acknowledge in all their own literature on the disease.

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Acting Veterans Law Judge Michael J. Skaltsounis wasn’t buffaloed into going along with it. I hand him the  asknod.org Acting VLJ Hep C adjudication Award of 2016 for standing fast.

The Veteran’s death certificate reflects that he died in April 2010 as a result of metastatic adenocarcinoma due to liver cirrhosis due to hepatitis C. At the time of his death, the Veteran had no service-connected disability. The Veteran’s service treatment records indicate that in 1977 he was treated for hepatitis which was later determined to have been hepatitis C, and thus, his hepatitis has been shown to have its onset during active service.

And here is the straw dog argument of which I speak:

VA physicians in September 2011 and September 2012 have essentially stated that the Veteran’s hepatitis C “was not the cause of the cancer that killed the Veteran.” The September 2012 VA physician supported his opinion on the basis that “hepatocellular origins for the Veteran’s malignancy were absent.” The Board notes that neither of the September 2011 and September 2012 VA physician opinion providers addressed the issue of whether the Veteran’s hepatitis C had contributed to the Veteran’s death.

small-farmers-inferior-correct-jpgThis is, in essence, diagnosis by purposeful omission. Doctors are trained to ferret out causes and all possible etiologies. VA doctors are trained to do and say what the party line dictates. Here, the clear directive was to find that Johnny Vet died of cancer-period. Any further investigation was deemed unnecessary as it would cause VBA a financial loss. This is not an anomaly. It happens every day. Being able to separate the wheat from the VA chaff is essential to winning this type of claim.

Parse every sentence of a denial or VA Examiner rationale in a claim and you will invariably discover the moment of  ‘peccible’ logic. VA will take you on a merry ride over hill and dale in a Nantucket sleigh ride far afield. Soon, you are unable to focus on the true cause of death and the logical ‘A=B and B leads to Cancer thus A is the predicate for C’. VA will have you immersed in the √C and feel they have made their case. As the Veterans Advocate, it isn’t your job to quash all these errant theories. The focus must remain entirely on the evidence and avoid reaching out in an attempt to rebut VA’s logic. Ignore them. Remember, you do not have to refute a bogus VA examiner nexus so much as to enunciate a clear rationale based on your own evidence and the pronunciations of the doctors. The more that VA Examiner babbles on in the remand, the sillier it’s going to sound.

Far too many of us feel we have to introduce Internet articles to support our contentions. Articles are personal opinions and VA FAST Letters do not win claims. Independent Medical Opinions do. When they refute paper-thin VA ‘speculative’ pronunciations, they prevail. Here, the deafening silence on the part of two intelligent VA physicians to even opine on the correlation results in a win for Ms. Hanna and her Vet.

While the matter of whether the Veteran’s hepatitis C had contributed to his death was not addressed by VA medical professionals, the claims file does contain information that supplies clarity in answering the question. In this regard, the Board notes that the physician (Z.Z., MD) who completed the Veteran’s death certificate appeared to indicate that hepatitis C and liver cirrhosis were, if not the actual cause of the Veteran’s cancer, at least contributing factors to his death. According to the appellant, Dr. Z treated the Veteran for the final month of his life and obviously was aware of the Veteran’s terminal medical history.

Vet advocates, although constantly reminded judicially that VA attaches no importance to the ‘treating physician rule’ , should take note of the above in purple. Believe you me, it has import. They also tell us that if the doctor providing the IMO has not reviewed the claims file, it will have no measurable bearing on the outcome. I strongly suggest you avoid putting that in your pipe and smoking it either. 

 

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The Corner of Vermont and I Street NW

 

 

Posted in BvA HCV decisions, HCV Health, HCV Risks (documented), KP Veterans, Medical News, SC For Cause of Death, Tips and Tricks, VA Agents, VA Attorneys, VA Medical Mysteries Explained, vA news, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

CAVC # 16-2098–EX WRIT RECONNAISSANCE MISSION

Posted on June 27, 2016 by asknod

vetcourtappealspromoThe continuing inquiry of “How much is that Greenhouse in the Window?” is now reaching twenty days.  VR&E Seattle is silent as a church mouse. Last Friday, I received not one, but two calls from VA. A Ms. Kennedy in Seattle called me to schedule my VA Nonattorney Practitioner test. It was hard to hear her as the telephone handset suddenly had condensed icicles hanging off it. I’m not kidding. The second was from Veronica in Washington DC at the VACO (Veterans Affairs Central Office) VR&E Emergency Services Desk. 

I get a bang out of VA chuckleheads all running around shouting ‘I’m pro vet’  or ‘we’re nonadversarial’. Ms. Snow Queen, who appears nowhere on the VBA employee’s list in Seattle, had the frosty personality of one absolutely put out at having to talk to, let alone permit, a Veteran to choose a date and time for his Agent’s exam. The temperature around the telephone handset dropped forty degrees in a few short seconds.

Ms. K: Is this Gordon A. Graham?

Mr. A: Yes.

K: You wish to take the agent’s test?

A: Yes. Let me look at my calendar…

snow witch

Ms. Seattle Snow witch

K: I’m sorry. Only Tuesdays, Wednesdays and Thursdays are designated test days. There are two times available-10 AM and 1 PM. Which would you prefer?

A. Okay. so July 12th is a Tuesday.

K: Correct.

A: And I have AM or PM times to choose from?

K: Correct.

A: Okay. 10 AM then. Is that available?

K: Correct.

A. Thank you.

K: Is there anything else I can do for you? I’ll be the Test Procter. Please arrive early to allow for a full-body strip search. I’m in Room 1326 on the thirteenth floor. My number, if you need it, is 206-867-5309, extension 1234. Goodbye.

Ms. Veronica, rather than being put out at having to deal with untermenschen Vets, was more the typical VA pointman trying to probe the way ahead for danger. It has to be difficult to feign ignorance, retain a straight face and ask lowly Johnny Vet what the hell is going on.  Remember the Seattle VR&E folks who claim they had to send it back to VACO in December 2015 to be analyzed? Ms. Veronica strives to come across as one who hasn’t a clue about the five year battle and is calling me for information.

The conversation finally ended in a Joint Motion for Concurrence (JMC). She would call Seattle and get to the bottom of it. See how this works? Insert fifty George Washington coupons into the CAVC machine and it will do a search for you.

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In thirty days (sometimes less) you have the answers you needed and VA suddenly begins to go through the motions of the ICARE dance . We all know it would never have occurred without the Extraordinary Writ. The gal from OGC (027) will wink and tell Judge Bartley that they have already accomplished much but Mr. Graham is very tardy in returning his calls or emails. Veronica in DC was finally able to have a colloquy with him on Friday the 24th of June after numerous attempts. Seems it’s all a minor misunderstanding and Mr. Graham has since been instructed on how to send emails and answer a phone correctly. Much ado about nothing. Move along. There’s nothing to see here.

Here’s the opening foray to get Secretary ‘Call me Bob’ McDonald and his little people to divulge what they know and when they knew it.

Ex Writ G-H bartley order 6-24-16

Stay tuned to next month’s exciting episode coming up around July 24th or so.

Nodster

This is the fourth in the Extraordinary Writ #16-2098. To see the next installment, click here

ILP-CAVC #16-2098–HERE COME THE JESTERS 1,2,3

Posted in CAVC Knowledge, Complaints Department, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , , , , , , , | 9 Comments

VA DIAGNOSTIC CODE 7354–622 VETS @ 100%

Posted on June 23, 2016 by asknod

th-12Here’s a scary VA statistic. I’ve helped, to my immediate knowledge, around 300 Veterans over 8 years find the light at the end of the VA tunnel on just Hepatitis C. Imagine there are only 622 of us rated for it. Granted the survival rate isn’t stupendous in old age, but 622 souls is a pittance at the 100% rate. Keep in mind that also includes those of you who are Totally Disabled due to Individual Unemployment (TDIU) and it boggles your goggles. I had no idea I belonged to such an ostentatious select club with so few members. 

Here’s the link to Patricia Lupole’s post on the subject:

http://www.usmedicine.com/2016-compendium-of-federal-medicine/va-pushed-to-recognize-immunization-air-injector-hcv-link/

HCV 100% jpeg

Too bad they didn’t actually show a picture of a guy getting the ‘jetgun two-step’ on both sides at a 70° angle. Seems a bit off kilter to put up an article exclusively about jetgun mishaps and illustrate it with a disposable syringe.

Nodster

 

 

Posted in HCV Health, HCV Risks (documented), Jetgun Claims evidence, Jetgun Manual, KP Veterans, Medical News, Nexus Information, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , , , , , | 5 Comments

VARO SPOKANE–DIRECTOR FOUND GUILTY OF BRIBERY, THEFT

Posted on June 22, 2016 by asknod

Washington-easternVA spokesman Cal Ringum  acknowledged the Director of the Spokane, Washington Regional Office was found guilty in U.S. District Court for the Eastern District of Washington of several crimes. Recently indicted, Denestro E. Neuman pled guilty to bribery, theft of government services, illegal use of VA credit cards, nepotism and falsely claiming VA compensation benefits for PTSD. 

Mr. Ringum said the VA will insist on the maximum punishment for Mr. Neuman. At a minimum, Ringun indicated he will face mandatory house arrest for a week with a GPS ankle bracelet and be subject to 9 PM bed checks for the remainder of the year. In addition, Neuman will have to wear a small scarlet A representing the word Asshole on his  left lapel as as warning to others not to trifle with the Department of Veterans Affairs rules and regulations. VA admitted they were powerless to reduce his PTSD compensation payments below $1,156.06 a month which he has been paid for over twenty years.

Judge Shearer acceded to the defense’s request for a work permit so he won’t be arrested for leaving his property to travel to and from work between 11 AM and 3 PM. For security’s sake, the Judge also concurred that he should keep his chauffeur and  limousine service.

Spokesman Ringum pointed out this would have a dire impact on Mr. Neuman’s future promotion potential.  He was slated to head the new office in Ho Chi Minh City but Ringum said that might change to Bangkok  and a lower salary of $12,000 per month versus the $16,000 a month with a residence and servants in Ho Chi Minh City.

63867580Mr. Neuman was quick to plead guilty and the Judge noted that fact when handing down the harsh sentence. Said Judge Shearer ” I was going to throw the book at him and withhold warm milk and cookies before nighty night but Mr. Neuman has promised to change his behavior. Considering his unblemished record of almost ten years of otherwise honorable service to the VA before this indiscretion, I think we can expect him to take his place in society as a changed man. I, for one, am willing to give a man another chance.”

Mr. Ringum was also quick to point out Mr. Neuman will be on probation for a year. Any further incidents will be dealt with harshly and Neuman could face being downgraded to a work-at-home employee at a slightly reduced salary. As his current compensation package is substantially protected by the one-year rule, his salary cannot fall below his current $112,850 a year  with travel pay and the housing allowance(after taxes).

Secretary McDonald pointed to the new law passed by Congress last year as a valuable tool for punishing underperforming VA senior management and giving him a free hand in disciplining his employees as he sees fit.

P.S. I guess I have to reveal this is Veterans Humor and total fiction. There is no one named Alfred E. Neuman who works for the VA. I think he retired with full pension years ago.

Posted in Humor, KP Veterans, VA Conspiracies, vA news, VAMC Scheduling Coverup | Tagged , , , , , , , , , , | 2 Comments

VA NONATTORNEY PRACTITIONER STATUS PENDING

Posted on June 22, 2016 by asknod

635646931319099161-veterans-administration-logoAfter waiting for what I consider an eternity, VA’s Office of General Counsel finally has approved my application for VA Agent status. For some reason, VA tends to drag their feet on notifications and the delay here has been excruciatingly long. I called VA this morning after a charter member of asknod.org, Malcolm Melancon, inquired after the progress of my application. Some of you may remember Malcolm’s case. We still have yet to resolve it. I propose to do just that-very soon.

CAVC–MELANCON v. SHINSEKI–MALCOLM IN THE MIDDLE

MALCOLM IN THE MIDDLE- WHAT DID THEY KNOW AND WHEN DID THEY KNOW IT?

I filed the application July 15th,  2015 and waited patiently for my three attorney references (Bob Walsh, Katrina Eagle and Keith Snyder) to submit their letters promising I was trustworthy. Next, in December, I went through an exhaustive Criminal Background Investigation (CBI) just in case the attorneys were misinformed or in error as to my bona fides.

Red TapeThe third stage was an anomaly. I had listed myself as 100% disabled and “unemployed”. That set off all the whistles and alarms at 810 Yellow Brick Rd. NW. Anyone 100% schedular or TDIU at the VBA is automatically assumed to have mental aberrations a la Bent Brain Syndrome. I had to provide a list of disabilities and a note from my treating physician that I was oriented in all three planes of existence and would not make a complete ass of myself should I be allowed to represent Vets. How they allow all those folks from the DAV/VFW/MOPH etc. to file tinnitus at 10% for each ear without reading Diagnostic Code 626o escapes me. Seems they’d be the ones who would be disbarred from repping Vets.

A gentleman this morning who took my call was polite as punch and looked up my application. Lo and behold, I have been approved to take the test. The gal that was in charge of notifying me was “indisposed” or on vacation and will be sending me the secret pass code to make a reservation for the test. I cannot describe the excitement in words. I do hope I pass the audition. VA will be giving me the license to right so many wrongs that have festered for decades. Butch Long, Malcolm Melancon and innumerable others have waited ever so patiently for my investiture into this exclusive club. I pray I will not let any of you down. It’s a sacred trust to be asked to help. Having personally endured three different Veterans Service Organization representatives with virtually no knowledge of the process that gained me zilch, I look forward to making a difference in the lives of many Veterans with the time I have left.

And that’s all I’m going to say about that-for now. Thank you all for your patience.

dsc01113

Posted in All about Veterans, KP Veterans, Lawyering Up, VA Agents | Tagged , , , , , , , , , , , , , , , , , , , | 15 Comments

CAVC #16-2098– HOLY SISTERS OF THE ORDER OF INDIANA AVE. NW

Posted on June 21, 2016 by asknod

vetcourtappealspromoIf I was one of those millennials and knew how to do it, I’d tweet #Feeling Lucky into the electronic ether. The fourth try is the charm. Yes folks. I drew one of the Legendary Holy Sisters- Saint Megan Bartley for the Writ. Instead of being given short shrift, I may get long shrift. Remember. All I ask is to know whether I should plant a late harvest of red romaine, beets and Kohlrabi.

I feel it’s reasonable as an invested stakeholder to be apprised of my ILP greenhouse construction schedule. Absent any guidance, I’ll expend untold energy into new crops only to watch a bulldozer rend them asunder. So, for $50, I asked. I’ll wait to see what Secretary Bob’s hole card is and then file a response. The plan is to appear clueless and do the mushroom imitation as all good pro se chowderheads do. You get points for tripping over your shoelaces here.

From Comer v. Peake  552 F.3d 1362 (Fed. Cir. 2009)

“The government’s interest in veterans cases is not that it shall win, but rather that justice shall be done, that all veterans so entitled receive the benefits due to them.” Barrett v. Nicholson, 466 F.3d 1038, 1044 (Fed. Cir. 2006); see also Jaquay, 304 F.3d at 1280 (“Congress has created a paternalistic veterans’ benefits system to care for those who served their country in uniform.“)

The VA disability compensation system is not meant to be a trap for the unwary, or a stratagem to deny compensation to a veteran who has a valid claim, but who may be unaware of the various forms of compensation available to him.

Coming to the CAVC for justice leaves the VA secretary in the awkward position of appearing to be a bully. Poor Johnny Vet is just a pawn caught up in the wheels of justice and every consideration must be accorded him/her so as not to appear rude. Out come the white gloves and condescension to allow for lack of breeding. Très bien.

Capture22

LOGO THAT OTHERS MAY WIN

This is the third in a series on Extraordinary Writ #16-2098 The next installment is here

CAVC # 16-2098–EX WRIT RECONNAISSANCE MISSION

 

 

 

 

 

 

 

 

Posted in CAVC Knowledge, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, VR&E | Tagged , , , , , , , , , , , , , , , | 6 Comments

CHANGING VA–LIKE TRYING TO HERD CATS

Posted on June 21, 2016 by asknod
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We will deny no Vet before his time

Maple Syrup Frank, in addition to annually sending me about enough of Vermont’s highest octane of elixir to fill a drop tank, also mails me an inordinate number of articles of, or having to do with, the VA. This is fortunate because I barely have time for a heart attack-let alone the intense research needed to find out about all the smoke rings VA is blowing for the lamestream media to perpetuate. Here’s a really good example of propaganda sold under the guise of “change”. I will bold and print in red some of the standard “action words” the Government is fond of bandying about. They are all a red flag to indicate VA has been weighed and found wanting. 

http://www.brookings.edu/blogs/fixgov/posts/2016/06/21-reforming-the-veterans-affairs-government-eisen

First, I acknowledge the source. This is an article by Norman Eisen. If I didn’t know any better, I’d presume he works at the VA PR factory. This is a slick, pro-VA article where seldom is heard  a discouraging word. It could have been authored by the OIG and would read identically. The title of the article speaks of VA reforms in the past tense- as if we can take these to heart and use them to cure all the ills of Government. Were I to ask any Veteran if he could list a significant recent improvement at the VA, I doubt any could say more than ‘Thank God they let attorneys in to help us in 2007.” Even our staunchest allies at the Veterans Service Organizations fought VA tooth and nail to prevent that reform.

http://www.brookings.edu/blogs/fixgov/posts/2016/06/21-reforming-the-veterans-affairs-government-eisen

From the top. Mr. Eisen references two VA “findings” of import which I link here:

https://www.va.gov/opa/publications/docs/myva_transformation_update_8x10.pdf

http://www.c-span.org/video/?411386-1/veterans-affairs-secretary-discusses-veterans-health-care

The first article is a bald VA apology for past transgressions but wallpapers over the problem by declaring the object is for us to enjoy this experience on the occasions when we are forced to endure it. The object, in VA’s mind, is to make a decidedly unpleasant experience palatable and even rewarding mentally. It is, at best, a position paper on what the VA would look like in a perfect world. Proctor and Gamble (P&G) never had it this good so why is Secretary Bob attempting to foist this off on a bunch of rube Vets? The principles are magnanimous. The devil is in the details. If you can’t fire the miscreants, what? Retrain them by sending them to Human Resources Management 101 classes?

Mr. Eisen parrots Secretary Bob’s (and by extension, I suppose, the ‘new VA’ culture going forward) vision of the new, improved P&G version of redder reds, whiter whites and bluer Veterans.

http://www.blogs.va.gov/VAntage/resources/myva-initiative/

I love pep talks and boy howdy is this one a daisy. There’s more in here than a Baskin Robbins ice creme parlor. Reform as far as the eye can see. Whooooooooooooo, doggies. Triple scoops for everyone served up in seconds flat. No one goes away disgruntled. We apologize for killing 47,000 of you on delayed waiting lists across the fruited RO plains but bear with us. We are gonna give you an “experience”.  We’re still trying to affix a patch to that pesky 60,000 appeal delay at the Board of Veterans Appeals and should have it ironed out by 2027 but that’s neither here nor there. You’re going to enjoy this experience  so sit back and wait for it to occur. What the hey. You Vets are somewhat of a captive audience anyway.

You begin to see the bulldroppings accumulate right off in reform number one-

1. Set bold goals

“These actionable short-term objectives support the VA’s longer term aim to deliver an exceptional experience for our veterans. By aiming high, and also drafting a concrete roadmap, the VA has put itself on a path to success.”

Secretary Bob and Co. obviously think that setting ‘short-term objectives’  and drawing roadmaps equals reform. Problem solved. An exceptional experience that solves nothing is exceptional though. No debating that. Vets always remember their Texas-style necktie parties and regale their Vet buddies at the VFW bar with these memorable experiences. Secretary Bob now ensures we’ll also recall them henceforth as ‘exceptional’. I can’t wait.

2. Hybridize the best of public and private sectors

Item number two continues the snow job. This is the “Boldly Going Nowhere At Lightspeed” technique. It’s a carny ploy to get you into the tent before they bait and switch back to the ‘old’ VA of delay and deny. It  consists of much hot air and promises. The choice of buzzwords is impressive. No less a respected company than the Rand Corporation was drafted for this. Imagine how much that one cost. Remember Rand? They brought you the “Pentagon Papers” which we weren’t supposed to see.

Click to access RAND_RR994.pdf

“The Secretary and his colleagues are leveraging the goodwill, resources, and expertise of both the private and public sector.”

This begs the question of where VA has been all these years in innovation.

“Following the examples set by private sector leaders in service provision and innovation, the VA is developing user-friendly mobile apps for veterans, modernizing its website, and seeking to make hiring practices faster, more competitive, and more efficient.

This gives a whole new meaning to Diana Reuben’s and Kimberly Grave’s adventures in creative employment practices. This some high-grade hashish they’re smoking if they think Veterans’ collective memories are that stunted. With Sharon Helman throwing her hat back into the ring demanding readmittance as well, we have the perfect storm brewing.

” And so that no good idea is left unheard, the VA has created a “shark tank” to capture and enact suggestions and recommendations for improvement from the folks who best understand daily VA operations—VA employees themselves.”

downloadImagine letting the foxes suggest the protocols for egg production at the henhouse. What a positively bold initiative. Hell, the next thing we know they’ll be putting up suggestion boxes. Every successful housecleaning I’ve ever seen was accomplished via a bloodbath. In the Air Force, my father was mortified when an ORI hit. This was the dreaded Operational Readiness Inspection. No warning was given. A command component was headed up by an officer equal in rank to the commander on scene. He landed with his minions and the chips fell where they fell. If you were caught with your pants down around your knees, chances are you were soon going to command an outhouse in Thule, Greenland and you promotion potential was nil. Contrast that to a VAOIG ORI which would have given it a Casper Milquetoast ‘We were unable to substantiate that only one of the 12 fighters in the squadron were airworthy or operational”.

No self-respecting propaganda flack for the VA would miss the opportunity to hamburger a dozen or so good soundbites and Mr. Eisen gladly complies. Consider these jewels:

“The results that the Secretary and his team have achieved speak for themselves:

  • 5 million more appointments completed last fiscal year over the previous fiscal year (not including the 47,000 adverse events (deaths) due to untimely cancellations attributed to guess who)
  • 7 million additional hours of care for veterans in the last two years (based on an increase in the clinical workload of 11 percent over the last two years) (based in large part on massive discontent and increases in the VA budget)
  • 97 percent of appointments completed within 30 days of the veteran’s preferred date; 86 percent within 7 days; 22 percent the same day (depending in large part on how VA defines ‘preferred’, ‘7 Earth days’ and ‘same 24-hour day’.)
  • Average wait times of 5 days for primary care, 6 days for specialty care, and 2 days for mental health are… (note this one escaped the proofreader. The mental health care backlog is off the map and thus could not be published with a straight face).
  • 90 percent of veterans say they are satisfied or completely satisfied with when they got their appointment (less than 3 percent said they were dissatisfied or completely dissatisfied). (90% of the 10 respondents interviewed who were high as a kite on Quaalude. The lone dissenter was ‘97% sure’ he was completely dissatisfied.)  
  • The backlog for disability claims—once over 600,000 claims that were more than 125 days old—is down almost 90 percent. (which unfortunately has merely migrated up to the BVA for the 65,000 who chose to appeal. The other 535,000 gave up in disgust and went home to collect SSD/SSI)

Mr. Eisen closes with the icing on his Marie Antoinette cake . Please also read his curriculum vitae at the bottom of his article which will explain much.

http://www.brookings.edu/blogs/fixgov/posts/2016/06/21-reforming-the-veterans-affairs-government-eisen

“Thanks to Secretary McDonald’s continued commitment to modernization, the VA has made significant progress. Problems, of course, remain at the VA and the Secretary has more work to do to ensure America honors the debt it owes its veterans, but the past two years of reform have moved the Department in the right direction. His strategies are instructive for managers of change everywhere.”

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Let them eat experience

What, pray tell, are the reforms crowed about? VA’s Choice Program augered in for lack of funding to supplement the Denver Colorado Hospital fiasco. VA is begging Congress for more money for artwork in the waiting rooms in Palo Alto. Bonuses (and morale) are down to record lows for VA’s finest. VA’s OIG has been forced literally at gunpoint to release the truth about the appointments scandal that mysteriously to this day could and cannot not be substantiated. They’ve been hoarding them since 2004 and claimed they ‘disremembered’ to publish them or thought it was not very important.

Virtually every Veteran I deal with gets a Fully Developed Denial right out of the box after a submission that is documented six ways to Sunday. The denials all read identically. The Regional Office backlog is a thing of the past only because the denial process has shifted into high gear. Almost all denials studiously avoid delving into a Veteran’s contemporary service medical records to ascertain the facts. Woe to them who have old handwritten medical notes too. VA raters don’t even bother to look at them. If the .PDF isn’t an OCR word-searchable document, you’re toast all the way to the CAVC.

download (1)

We need more Data

I have noticed that all the reforms discuss inviting many, varied parties to the table to suggest improvements. Among those invited are ‘industry leaders”, Veterans Service Organizations and VA poohbahs. Nowhere in this stakeholders ad hoc discussion group have I heard the words “dissatisfied Veterans with horror stories and suggested remedies”. We do not exist in their universe. We are not stakeholders. We are a “product” to be handled with vinyl gloves and held up for inspection. We are data with a small ‘d’. Much has been said about how the VA is an Industry Leader in studies, data accumulation and data bases. With all this valuable information at their fingertips, why is it so hard to discern a way out of the jungle of stupidity and corruption? How many Veterans have to die before someone says “Gee, how come we’re paying the VISN director a a $21,000 bonus this year when 300 Vets died and schedulars cancelled appointments at a wholesale rate while lying about it on his watch?” Do we need more “data” on this phenomenon? In construction circles, we used to say that it was time to shoot the engineers and begin production. That is à propos  here-now. Today.

To say that VA “gets it” is ludicrous. They merely have decided to say they get it on paper and promise the same litany of mea culpas that provoked the VJRA of 1988. Again note the tense of the title. Mr. Eisen implies this is a post -game wrap and VA has solved its problems and we can apply this recipe government-wide.

VA has taken a battering in the court of public opinion. The only way to combat this and turn the tide is to not to spew out a veritable avalanche of promised reforms to remedy it. Let’s have a good old-fashioned ORI at our 57 Puzzle Palaces. Let the bloodbath begin. Actions speak louder than words unless, of course, you’re the VA.

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Posted in KP Veterans, OIG Entertainment, VA BACKLOG, VA Bonuses, VA Conspiracies, VA Health Care, VA Medical Mysteries Explained, vA news, VA statistics, VAMC Scheduling Coverup, VAOIG Watchdogs, VARO Misfeasance, Veterans Law | 2 Comments