VA NONATTORNEY PRACTITIONER STATUS PENDING

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.

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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

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.

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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

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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.

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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

EVERYTHING YOU EVER WANTED TO KNOW ABOUT De Novo REVIEW

thWhat is De Novo Review? Who gets it? Why did they get it and I didn’t? How many times do I get it? Is it automatic? When does it happen? All these queshuns and you are in the dark. Your VSO service rep is clueless. What to do? Who to ask? I get bombarded by this one as much as remand questions. Relax. We’re on it. 

de no·vo

dā ˈnōvō,di/

adverb & adjective

 1.starting from the beginning; anew.

The First de novo Review

In the beginning, you file your claim. The VA denies. You now file a Notice of Disagreement (NOD). VA mulls your NOD over and gives it the de novo review (#1) by a higher authority than the original rater. The senior rater, in most cases, copies and pastes the new denial into the Statement of the Case (SOC). S/he includes all the pertinent statutes and regulation into the SOC so you’ll understand where you came up short. That is your first de novo review.

#2

If you asked for a DRO review instead of a traditional appeals path (above), a Decision Review Officer would perform the de novo review. Absent any new evidence or your missing Independent Medical Opinion (IMO), you’re heading towards a de novo denial (#2).

#3

Your next (#3) de novo review will come at the Board of Veterans Appeals. Your claim arrives and the Veterans Law Judge (VLJ) takes a gander at it with his/her staff attorney(s) and discover no SSI/SSD records. This would be grounds to send it back to the Regional Office(RO) to fix. In the process, the RO would be required to repair it and perform yet another de novo review (potentially #3) to see if the repair “fixed” the denial problem. If it doesn’t, the RO is required to send it back to the BVA, this time accompanied by a Supplemental Statement of the Case (SSOC) yet again claiming it was de novo‘d and found wanting. That’s four possible de novos so far. Should your appeal be in order, a de novo denial at the BVA would normally be #3.

#4

Back at the BVA after a remand, the VLJ again picks up where he left off. This is potentially de novo #5 and a win or loss. Unfortunately, because VA is so slipshod and flaky, it could be the appeal has to be remanded any number of times. Perhaps the VA examiner just couldn’t bring themselves to admit the truth. Perhaps they kept using the word “speculative” and made no decision up or down. After a couple of these the VLJ becomes vexed and uses a sharper form of wit to convey his/her displeasure. Eventually, it returns. This could drive the number of de novo reviews up to eight or nine. I’ve seen some fester through ten remands-each with its own de novo review.

In the event no remands were required up to now, a de novo review at the Court of Vet. Appeals would be #4.

#5 

When, and if, you choose to appeal a denial from the BVA to the Court of  Vet Appeals (CAVC), the Court will perform a real de novo review (#4) that is far more in depth. This often results in a vacate and de novo review below to the BVA to fix. Alternately, the Court can set the decision aside and remand for a new hanging absent the shortcomings.   Should the Vet’s Court deny, the Veteran has the option of appealing to the Federal Circuit. Again, here’s another shot at de novo justice (#5). Obviously, the path to #6 lies at the U.S. Supreme Court.

imagesThe concept of de novo review is to get a fresh set of eyes on a claim and a new, enlightened perspective. In the jaded context of VA de novo review, it means coming up with a new denial that will hold judicial water. When the BVA or the Court has had enough of this posturing and delay, they vacate with instructions as to how the new de novo review will read and how the BVA VLJ or lowly DRO rater will write and phrase his/her next de novo review. Sometimes the VLJ will become anally specific and spell it out for the DRO-i.e. “Please state whether is is at least as likely as not that the __________ is related to military service and why. If not, please fill out a SSOC and return it to me.”

Should the Court reverse the BVA’s VLJ, that, too, will be returned to the BVA for the VLJ to don sackcloth and anoint his/her head with ashes. They then perform a de novo grant. It goes back to the RO and a shiny new rating is effected there. The BVA doesn’t do ratings. They do appeals with a simple yes or no.

A New Set of De Novo Reviews

deja-poo-2Obviously, the de novo review can commence anew when the RO low balls your new rating and you have to file a new NOD. Do not worry. You’ll be entitled to a new wave of de novo reviews all over again. It’s called VA déjà vu de novo and you’ll be pretty familiar with it by then. We Veterans have nicknamed it the Hamster wheel.

In theory, you could have an innumerable number of de novo reviews. You are only limited by VA’s stupidity, your imagination and fervor for filing claims and appeals. I’ve had seventeen that I can count since 1989. Perhaps there were more behind closed doors. In any case, a de novo review is often window dressing in many cases. If the local RO is dead set on a denial, a de novo review is a fig newton of the imagination. It occurs on paper for legality.

True de novo review comes when you are assigned a VLJ or CAVC /Fed. Cir.  judge with an open mind and a nonadversarial attitude. Face it. Some of these folks flat out don’t cotton to disabled Veterans and view us as malingering malcontents in search of a handout or VA welfare. Winning is virtually impossible in these circumstances. Perseverance and time will win out because some of us outlast the VLJs and RO pukes who have caused our misfortune. I’ve gone through about five or six VA bosses  at the VA since 1989. I watched J.F. Wallace rise from the guy who approved my VA loan in 1976 to the DRO who denied my claims in 1989. In 1995, he wrote my SOC for Hepatitis. In 2008, I noted he was the Veterans Service Center Manager who signed off on my 100% for Hep.

Every de novo review is another bite at the apple, but not every new bite of the apple generates a de novo review. You have to appeal to get it.

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Posted in De Novo Review, KP Veterans, VA Attorneys, Veterans Law | Tagged , , , , , , , , , , , , , , | 7 Comments

CAVC #16-2098–WASN’T BORN TO FOLLOW

downloadI will want to die beneath the white cascading waters
She may beg, she may plead, she may argue with her logic
And then she’ll know the things I learned
That really have no value

In the end she will surely know I wasn’t born to follow

A million words struggle to be first in my typing fingers. Twenty seven years of fighting VA and they still have not learned who they are dealing with.  A great song-that one above. Carol King’s lilting version was good but when you add the Leslie speaker as the Byrds did, you have a hit. The ‘she’ is a figurative collective pronoun for Mother VA in my mind. That was the logic of the title choice. Many ask me what provokes a certain song title to attach to a blog post. I have no idea. It just happens.  Obviously, I don’t think in Rap. Almost all the best music ever invented happened before 1980 in my mind.

Politically Incorrect Aside before proceeding

Imagine the 2020 census form under sex sexual preference. See how we have “evolved” in less than ten short years? There are now six forms of Homo Sapiens which will soon all be demanding their own bathrooms. Great news for plumbers and contractors. Shovel-ready jobs.

L  [  ]

G [  ]

B [  ]

T [  ]

Q [  ]

H [  ]     check one: M [  ]    F [  ]

Now, to business. CAVC  Case Docket # 16-2089 for Extraordinary Writ was accepted and the check cashed Friday morning 9 AM Left Coast. I cheated and went pro se so I don’t rack up a huge dollar deficit with LawBob Squarepants up in Battle Creek. There’s no money in this filing for an attorney so I filed it myself. Being pro se, the Court overlooks a lot of things too- like I filed two instead of the requisite eight copies to them. I also figure Ronald McDonald, OGC Leigh Bradley, and the rest of the defendents respondents have their own copy machines. If they want more than one to pass around, it’s on their nickel. Being pro se allows them and you to presume you have a room temperature IQ and can’t read all them highfalutin’ regulations. Call it the Presumption of Stupidity. It’s another legal protection we enjoy and employ as Veterans.

Using Your Writ as Harassment & Interdiction Fire

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155mm free Get Acquainted Gift from a firebase near you

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My Extraordinary Writ  was filed to force Special Forces Team Member Bob McDonald to cough up a greenhouse or explain what the problem is in English rather than VAspeak. This  Writ is what we call H and I (Harassment and Interdiction) fire. In Vietnam, when firebase guys with 105s and 155mm guns (think big like six inches-plus) were bored or had nothing better to do, they’d kite these puppies off into Indian country just to piss Capt. Chuck off. Imagine one of them arriving out of the blue 22 miles from its origin just before a nutritious serving of fish and rice soufflé with one’s Darjeeling tea at noon break. Boom. The soufflé falls flat and everyone is très en colère. NVA commanders were known to drop you from their Tet card list for less. A Writ has the power to do that too.

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Roger that. Send me a Writ if you would.

In all the history of Extraordinary Writs of Mandamus before the Court of Appeals, the numbers won can be counted on your fingers. That’s not the object. Knowing you’ll get a cogent answer or remedy some long-delayed action on what you asked for is the objective. It’s a game of bluff. You know, the VA knows and the Court knows you’re going to be denied or dismissed in 999 out of a 1000 cases. Thus, the sole reason for a Writ becomes an attempt to fix something RFN. If you won and they haven’t paid you, file a Writ. If you won and they remanded it to the Twilight Zone RO in 2013 never to be seen again, file a Writ. Filed a Notice of Disagreement in 2014 and still waiting for that DRO Review? File a Writ. This is a variant of the new VA  game named “Call Me” our latest VA Secretary invented and was espousing last year. In this case, the email doesn’t go to SPAM. The cell phone message storage isn’t always full.  In fact, the Court asks VA to explain why Johnny Vet is conflicted and what they intend to do about it.

In 45 days, it will be resolved one way or another. Magically, the OGC’s attorney will file an apology  answer about 30 days later asking the Court for another thirty days to look into these disparaging, unsubstantiated allegations. After 45 days, they will discover nothing wrong-just like the VA’s Office of Inspector General. It will not be substantiated that the VA secretary is arbitrarily refusing to perform his ministerial duties. Quite the contrary, just two weeks prior to this answer,  the VA Regional Office will hurriedly issue the missing DRO Review and pretend it was in the process of completing it all along. The coincidence is remarkable in that this very same phenomenon happens about thirty times a month at the Court. Vet files Writ. Court asks VA whazzup? OGC responds with “We honestly haven’t a clue, your honor. We’re plumb mystified. We mailed that out over three weeks ago. USPS ain’t what she used to be, I reckon.”  The upshot is simple. Vet gets Fully Developed Denial (FDD) and is off to get in line at the three-year queue in front of 810 Yellow Brick Road NW. A win-win for everyone. Writ dismissed.

This is also a quick way to get your c-file if you have been hammering the VA for over a year. Cite a few Due Process and FOIA statutes and presto!-instant C-file. Eventually, something has to give. The Court is not happy that we are using Writs for a Q&A forum with VA honchos. Eventually, Secretary Bob is going to be forced to ask his little people to start answering their phones. No more three day waits for the 800-827-1000 Dial a Prayer to get back to you. There are very few times you can use H&I on the VA Cong. The Writ is one. Pro se status insulates us against retribution.

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There’s nothing to see yet. That’s not the point. They have accepted it “as is” so it passed muster. The Court no longer allows us to view the pro se pleading or declaration of empty pockets for the filing fee. I always pay to help keep the Court solvent. $50 for an Extraordinary Writ?  There’s Mastercard™. 45-day justice? Priceless. Here’s the Writ :

Ex Writ Redacted

I always make them sound melodramatic and throw in a Mayday! or two. What the hey? You just know the VA is going to come back and call you a liar anyway so you might as well draw first blood and occupy the high ground in advance. Well, that’s all for today, kids. Tune in next week to see who I draw as a Judge. Today has been brought to you by the letter W and number three (3) Writ.

LOGO THAT OTHERS MAY WIN

This is the second in a series of Extraordinary Writs for CAVC #16-2098. The series continues here

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

 

 

Posted in Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans | Tagged , , , , , , , , , , , , , , , , , , , | 1 Comment

BVA–EVERYONE’S GONE TO THE MOON

VeteransAdministration.12755109_stdHere are a pair of cases recently decided that show a marked detour from the days of old. In 1997, or perhaps even 2010, these two BVA decisions would have gone against the Veterans involved. It proves that either the Gods must be crazy for a week or the BVA has taken a decidedly new tack on Hepatitis C claims.

Here’s number one  from Acting Law Judge L.M. Barnard. Never heard of him and they’ve discontinued the Acting VLJ law so we won’t see him again until he’s approved by Congress.

http://www.va.gov/vetapp16/Files2/1616851.txt

Check this out:

downloadIn October 2015, the Veteran underwent a VA examination in order to ascertain whether his hepatitis C was incurred in or due to his active duty. During the examination, the Veteran stated that his risk factors for hepatitis C are intranasal cocaine use in 1986; self-piercing of ear in 1981; 4 sexual partners in the 1970’s; and a history of sexually transmitted disease and alcohol abuse in the 1970’s and 1980’s. The Veteran stated that all of these risk factors occurred during a period of active duty. The Veteran denies any history of intravenous drug abuse and a history of receiving a blood transfusion. Layno v. Brown, 6 Vet. App. 465, 469 (1994) (holding that a veteran’s statements are competent evidence of what comes to him/her through his/her senses).

After reviewing the relevant evidence of record and administering a clinical examination, the examiner rendered the following opinion: This Veteran is claiming service connection for Hepatitis C that is at least as likely as not incurred in or caused by or during service. He was in the military from 1974-1993. He was diagnosed with Hepatitis C in 1999. His risk factors for Hepatitis C included intranasal cocaine use in 1986, self piercing of ear in 1981, 4 sexual partners in the 1970’s; [and] history of [sexually transmitted disease] and alcohol abuse in the 1970’s and 1980’s. All of these risk factors occurred in the service. His hepatitis C is at least as likely as not is the result of one of these in-service risk factors.

In this, and in other cases, the Board may not base a decision on its own unsubstantiated medical conclusions. Colvin v. Derwinski, 1 Vet. App. 171, 175 (1991). The only competent and probative etiological opinion of record was that of the October 2015 VA examiner, which, as discussed above, is positive to the Veteran’s claim. There is no evidence of record that disassociates the Veteran’s hepatitis C from his active duty and, thus, the Board finds that the evidence of record is at least in equipoise. Accordingly, with applicable of the benefit of doubt, service connection for hepatitis C is warranted.

This one came from Veterans Law Judge Gail E. Strommen. Again, a gift from Heaven in all respects but what gives here? Be nice to Vets with Hep C Month?

http://www.va.gov/vetapp16/Files2/1616758.txt

download (1)With respect to his chronic Hepatitis C, the Veteran alleges he contracted the disease due to cross-contamination from an air gun used to perform vaccinations on 50 to 100 soldiers. He testified that the air gun drew visible blood from men who received the vaccinations immediately before him. He also testified that he lived a conservative lifestyle during service, and he does not have tattoos or piercings. In a February 2013 statement, he explained he has not had sexual relations with Hepatitis C carriers. The Veteran received foreign blood only once during a 1996 bypass surgery, at a time when donor blood was likely screened for diseases. The Veteran was provided with two VA examinations regarding Hepatitis C. A November 2012 VA examiner confirmed the diagnosis of chronic Hepatitis C, but did not offer an opinion as to its etiology. Thus, the opinion has no probative value. In October 2013, a VA examiner opined it is less likely than not the Veteran’s Hepatitis C is related to service, including as a result of air gun vaccinations. He states it is speculative to consider contraction of Hepatitis C in such a manner, and the Veteran’s Hepatitis C more likely than not was contracted outside of military service. However, the examiner did not identify any post-service occurrences which caused the Veteran’s Hepatitis C. Instead, he simply states there are other causes which have either “not been recognized, recalled or shared by the Veteran.”

While the October 2013 VA examiner is competent to opine as to the etiology of Hepatitis C generally, the Board does not find his opinions persuasive. While the examiner indicates it is speculative to consider contraction of Hepatitis C due to air gun vaccinations, he in turn speculates other causes not supported by the evidence. Despite the assertion of the October 2013 examiner, the Board finds the Veteran credible. Nothing in the record suggests he has either misrepresented or withheld relevant evidence at any point during the appeal. The Board believes the Veteran testified truthfully regarding his conservative lifestyle, and there are no other plausible explanations in the record for his Hepatitis C. Given that he personally witnessed an air gun drawing blood from 50-100 soldiers immediately before being vaccinated with the same air gun, the Board finds it is at least as likely as not cross contamination occurred, including the transmittal of the Hepatitis C virus. Because the evidence is evenly balanced, the Veteran is entitled to the benefit-of-the-doubt rule. Thus, service connection for Hepatitis C is granted.

download (2)Remember Wavy Gravy at Woodstock? ( I shook his hand) “We must be in Heaven, Man!” seems fairly apt with these two appeals. Since when did VLJs begin to believe lay testimony of Veterans? If a body didn’t know any better, he’d think these VLJs are having the vapors or smoking some killer Mantanuska Thunderf**k. Pardon my French but I’ve never encountered this level of equipoise.

Here’s a daisy where the 1154(b) Combat Marine manages to talk himself out of a Hepatitis C rating.

http://www.va.gov/vetapp16/Files2/1615900.txt

As quickly as he gets the combat presumption in, he proceeds to undermine it by saying he is symptom-free or that the Hyperlipidemia medicine was the cause of elevated liver enzymes and then claims a blood transfusion risk. He insists on getting the combat presumption in but refuses a liver biopsy from his private physician which might have dated the infection to within a few years medically. The Marine Corps League let this Gyrine down badly with no nexus at all. He does have a ripsnorting good case for bent brain syndrome but he didn’t claim it. No flies on Veterans Law Judge George Senyk. They didn’t give him anything to grant with. Very sad. Being a combat Vietnam Vet, his risk factor for contracting HCV in service was 66.6% higher than a civilian counterpart. You still need that IMO to win with though.

I leave you with this one. Johnny Vet serves in Vietnam.  Johnny Vet comes down with HCV.  Johnny Vet survives the Bug juice with Ribavirin for eleven months in 2001 and “clears” infection. Vet relapses about 2010 because it was Interferon and it doesn’t work.  Johnny Vet foolishly says in 2015  he’s feelin’ punky but hasn’t missed any work…yet.  This is a time bomb waiting to die somewhere but he won’t see 100% any time soon if he doesn’t get a biopsy and a law dog with an ounce of common sense. Thank you Vietnam Veterans of America said no one ever for the lack of a nexus letter.

http://www.va.gov/vetapp16/Files2/1615660.txt

download (3)With respect to whether an evaluation in excess of 20 percent is warranted on or after March 6, 2015, for a higher rating of 40 percent, based on daily symptoms, there must be, in addition to the daily fatigue, malaise, and anorexia contemplated for a 20 percent rating, there must be minor weight loss and hepatomegaly, neither of which has been demonstrated in this case. The Veteran denied loss of appetite and loss of weight in June 2015. An ultrasound in January 2012 showed a normal liver, and although laboratory tests in in March 2015 showed positive hepatitis C titer, liver function tests were normal. As to incapacitating episodes, the Veteran denied having any incapacitating episodes during the previous 12 months. Therefore, the Veteran’s symptoms do not more closely approximate the criteria for a 40 percent rating.

Win or Die VA

Posted in BvA HCV decisions, Jetgun BvA Decisions, Jetgun Claims evidence, KP Veterans, LOD and willful misconduct, Tips and Tricks, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , , , , | 5 Comments

CAVC–CARPENTER v. McDONALD–ACCESS TO VBMS FILES

vetcourtappealspromoWith the advent of the Veterans Benefits Management System came the world of virtual access. Gone are the days of the paper c-file for the most part. Everything is now electronic with the benefit of word-searchable .PDFs. Who could ask for more? Well, Ken Carpenter for one and Bob Chisholm’s paralegals for another. What’s more, a c-file can now be in two places at once-eliminating the dilemma of filing a new claim while you have another on appeal at the BVA in DC.

Used to be if you wanted a copy of the c-file, you were screwed if it was tied up in an adjudication- or worse-an appeal. You had to risk losing your place in line at the RO while they jerked it out and ran to the copy machine or have the appeal go dormant while they did the same at the BVA. Problem was they didn’t make a copy for you at the BVA. You had to wait until your decision was complete and the file was returned to the RO. Everything traveled via snail mail/UPS/Fedex. Add a month in transit due to dealer prep and destination fees from DC, another month to unpack it at Fort Slowpoke and a few weeks of inbasket quality time before the c-file ever made it to the copier. If your c-file exceeded 3,000 pages, all bets for a timely reproduction date were off.

Alex and Ken Carpenter.JPG2

Kenny and me

While you are entitled to these files, the VA takes the rather jaded position that you’ll get them when VA damn well gets around to it and they have personnel not otherwise occupied with more important things like a 10:15 Starbucks run down to the lobby. All this is immaterial to accredited VA attorneys and agents. With the genesis of the VBMS and the ability to access a doppelganger file in virtual Internet space,  asking for a file from VA requires a four-step process outline in 38 CFR § 1.600(b)- to wit:

 

(b) VBA will grant access to its automated claimants’ claims records from locations outside Regional Offices under the following conditions. Access will be provided:

(1) Only to individuals and organizations granted access to automated claimants’ records under §§ 1.600 through 1.603;

(2) Only to the claims records of VA claimants whom the organization or individual represents as reflected in the claims file;

3) Solely for the purpose of the representative assisting the individual claimant whose records are accessed in a claim for benefits administered by VA; and

(4) On a read-only basis. Individuals authorized access to VBA automated claims records under §§ 1.600 through 1.603 will not be permitted to modify the data.

(4) above is a given considering VA would never allow us a copy we could tamper with. Remember, only VA is allowed to misfile your evidence in another’s Veteran’s file. Mr. Carpenter’s dilemma is understandable. He qualifies six ways to Sunday but VA is acting anally retentive here and dawdling on fulfilling his request by delaying putting him in the computer.

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01203932234&caseId=89873&dktType=dktPublic

This is why I love Extraordinary Writs of Mandamus. When time is of the essence and your client is facing an imminent  DRO or BVA necktie party, being able to access his c-file on an RFN basis is of paramount importance. Waiting 45 days is not an option. In these days of Fully Developed Denials, time is money. With it all in electronic format, depriving a rainmaker access simply because you are tardy in approving or uploading his authorization into your dysfunctional dinosaur of a computer is asinine. It’s also blatantly adversarial.

Now imagine throwing gasoline on the fire and making Kenny wait for Bob Chisholm’s Extraordinary Writ to be decided first and you have a perfect storm of stupidity.

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01203840008&caseId=89873&dktType=dktPublic

Bob Chisholm

Bob Chisholm

Mr. Chisholm of Chisholm, Chisholm and Kilpatrick LTD, has filed his own Extraordinary Writ (CAVC 15-1594) to obtain access for his legal staff. VA poohbahs became apoplectic when they absorbed the gist of  his Ex Writ.

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01203881636&caseId=85430&dktType=dktPublic

VA will not hear of it. The mere idea of everyone, including  Mickey Mantle’s mom, running around with unsecured Veterans’ c-files makes the OGC’s hair stand on end. The next thing you know, Veterans themselves will be asking for their own remote access to their own files (most assuredly tamperproof ) without VSO supervision. Anyone with an ounce of sense can see where this might lead to (gasp) more pro se Vets without adequate VSO minders making the VSOs superfluous-if they weren’t already. Why, the whole system could implode and Vets might start winning this poker game. I bet the Big SES types at OGC (027) must feel like the guys who owned VHS Video rental stores when Netflix™ came out with rented streaming online movies. What kind of excuse can you fabricate to preserve the old ways? Trust VA to trot out some doozies.

The times they are a-changing. Consider the bassackwards predicament we lowly Veterans are in right now. We have an eBenefits system capable of giving us all manner of information about the legal progress of our claims and much more. Granted, most of the information is so antique it has mold on it. Nevertheless, we can upload information and evidence into the eBenefits system remotely but cannot even confirm it arrived or view it – in a c-file we legitimately are entitled to view. To add insult to injury, those we hire to defend us are deprived of the same information interminably until they get the magic password. Heads I win, tails you lose.

Many of the larger law firms are top heavy with paralegals and assistants who collect and collate the Veteran’s information to develop case strategy. What possible reason would VA have to restrict the ability to view it to just one law dog who holds your Power of Attorney? Your local VSO at DAV can view it, download it and leave it lying out on his desk or share it with the janitor and suffer no legal woes but the trusted officers of the Court (Chisholm’s crew) cannot be trusted. Believe you me, the employees of a law firm have far more Criminal Background check investigations on them than a VFW service rep ever will in his lifetime-if their bosses even bother to run one at all. Keep in mind, too, that VSOs can occupy this niche without ever taking the Agent’s exam and  occupy a much higher level  legally than one of Mr. Chisholm’s highest-paid paralegals. Go figure.

VA has long been secretive and unwilling to bend or compromise on regulations. Each new wave of electronic improvements yields more tools to aid us in presenting our claims. In a game where knowledge is the power to win, they still insist on archaic protocols and secret squirrel shit. I guess I don’t need to tell you how many VA employees with hundreds of thousands of Vet’s records in their possession have had their computers stolen from their cars/homes and subjected us to credit fraud and identity theft. On the off chance the crime leaks out, the Vets affected are offered free credit monitoring for a year or two. When a noted VA attorney with an unblemished security record concerning Veterans files asking for unfettered access for his paralegals as Chisholm did, VA takes this as tantamount to a security risk with untold consequences that can never be condoned. Really?

af351a33350d728bc21a2c6c6546f8b6I look forward to the time when eBenefits will be a DIY ‘in by ten and out by three’ claims system like a Chinese laundry. The only roadblock is VA’s mentality. Until that changes, assuming it ever does, we are doomed to the short end of the punji stick with the brown stuff on it. In sum, they trust attorneys and their paralegals far less than a lowly VSO service rep with no legal training and a pet sheep with  his sheepskin still on him. A sad state of affairs indeed. That is who we are dealing with. Remember, too, VSOs didn’t even want to allow attorneys into this system and fought hard to prevent it.

Nodster

Posted in CAVC Knowledge, CAVC ruling, Extraordinary Writs of Mandamus, KP Veterans, Lawyering Up, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , | 4 Comments

CAVC–ILP ZERO HOUR’S 9 AM

vetcourtappealspromoUnswervingly true to my word, and not having heard a word from the Fort Fumble crew in Seattle, I solemnly proceeded to my local USPS and allowed Postmistress Dee Dee to anoint my offerings to Secretary ‘call me’ Bob, OGC (027) Leigh Bradley, VR&E Honcho of Few Words Jack and Commander Pritz of the 346 (Seattle) Puzzle Palace. I take no pleasure in this. Litigating with VA is often unrewarding and never elicits a useful answer. Extraordinary Writs, on the other hand, get more information out of them than waterboarding for three days straight with a side of 105 VAC field telephone judiciously applied testicularly every four hours.

And now we sit and wait.  LZ Grahambo has lost commo. I’m heading out to the garden to plant my “Purple Heart” broccoli. The second batch of Paris Island romaine lettuce will be started while humming the Marine Corps hymn. Life as we know it in Room 1352 on the thirteenth floor of SEARO 346 on the thirteenth day of a month divisible by 3 will soon become more interesting. The confluence of all those ones and threes is going to prove unlucky.  VR&E’s TOC radio traffic will soon rise to a crescendo. Having lost commo with Golf Six Actual, consternation will ensue at HHC. A DEFCON 2 will be initiated and a squad will be dispatched outside the wire to find the lost.

A word to the wise. When you do Extraordinary Writs these days, make sure you use certified mail and/or tracking to ensure delivery. After all, you’re promising the Court of Appeals for Veterans Claims that at least you have been honest and forthright about apprising them of what’s going on even if they (VA) are putting on their best ‘ostrich head-in-the-sand’ imitation. This makes you look like the better man in this contest rather than an irate, ignorant, loudmouth, vulgar Veteran with an entitlement mentality.  No matter how insulting the process, you must always appear the underdog and as pure as the driven snow. Who knows? You may get the short straw and draw Judge Kasold or Davis and need that judicial fig leaf of respectability.

I share with you my receipt storage cloud-asknod.org. I publish these because I’m absentminded and never can relocate that which I file in “Documents” for years. It’s worse than socks. And more importantly, you too, can witness splashdown at the CAVC with the USPS tracking number or App. Hey. It’s cheap entertainment on a Federal scale. It’ll cost the CAVC about $8-$10,000 to process and put out the order dismissing or denying my claim after the VA gomers don sack cloth and ashes. VBA will piss away muchos dinero too – about $12-$15,000 adding up salaries and time squandered  by the OGC. Remember, they’re probably going  to chase after answers like why the GSA Contractor, a son-in-law of one of the VR&E  VACO Officers ‘ghost-supervising’ my Independent Living Program, had to be imported from Tulsa, Oklahoma. Knowing VA, he’s staying at the Hyatt Regency Towers in downtown Seattle @ $340/night and commuting to Gig Harbor every day (two hours each way). And he probably will be until June of 2018-all on a VA-issued credit card  at this rate-including meals too.

Ex Writ certified mail 6-13-2016

Capture11Capture22

Capture33

haditlogo2007The takeaway for Veterans learning these techniques is simple. Unless, or until, you get attorney representation or a good VA agent, VA and most probably your VSO too,  are going to be laughing at you-not with you. The very moment you rise up like David against Goliath, VA realizes they have to get out the fire extinguisher and put it out in a hurry. VA has yet to understand that the longer we live and learn their tricks, the more we can outsmart them. With jungle drums of VA claims websites like Hadit.com and others, we’re far more united and informed.

Each year, the number of Extraordinary Writs of Mandamus filings go up at the CAVC. It didn’t go unnoticed long in the Halls of Justice  at 625 Native American Ave. NW. The Court is well aware of it and notably concerned. ExWrits consume scarce valuable judicial resources better spent on egregious decisions against deserving Veterans. A Writ, after all, is nothing more than a plea for VA to accomplish something it probably should have done two or more years ago. In that regard, Vets are seeing it as a valuable crowbar to extricate a stalled claim that fell through the cracks somewhere in 2013. In that regard, you can’t get a better cattle prod for $50. Vets are coming to realize this. Since the CAVC steadfastly refuses to pay any EAJA fees to attorneys/agents, they are cool to the idea of filing them unless there is a financial incentive. I would be too. The increase also irritates CAVC justices because, in most cases, the Veteran’s beef is substantially justified. This ‘nanny-style’ justice of “I’m gonna tell Mom!” is wearing thin. If VA cannot run their railroad on time and forgets to stop at some stations, they deserve to be spanked. If even more and more Veterans file ExWrits for obvious error or neglect, pretty soon Congress is going to take notice and question this. Keep in mind, VA insists their decisions are 98% correct. Also keep in mind they insist there are no VAMC  medical appointment scheduling ‘irregularities’-just stupid mistakes in protocol.

Another word to the wise. It helps to construct a foundation of VA perfidy as I did on my email chain with them. Get them down on electronic paper saying ‘Roger that. Houston, we have visual on Contractor at 0200 Greenwitch Mean, over’. Three months later when they call back and say ‘ I copy Contractor at 2300 Greenwitch Mean, heading 270. Awaiting visual, over.’, it leaves a trail through the electronic concrete they have a hard time explaining. Kind of like that blue dress thing or what the meaning of ‘is’ is. You get the idea.

1399489209000-lewinsky-dress

The Blue Dress

VA has a bad habit of engaging in Post hoc rationalizations to explain why things are not as they should be. The good news is the Court is on to them.

 

Posted in Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, Proof of Mailing, Tips and Tricks | Tagged , , , , , , , , , , , , , , , , , , | 3 Comments

CAVC–GRAHAM v. McDONALD II-WHILE MY GUITAR GENTLY WEEPS

vetcourtappealspromoHooooooo, doggies. It’s Extraordinary Writ time again in the Northwest. Many of my friends have chided me for giving the chuckleheads at 810 Varmint Lane NW even this long to act on the greenhouse. I sure can’t say I didn’t give them plenty of rope to clothesline themselves with. Knowing so well how they operate, I had the BVA decision in their “constructive possession” a mere eleven days after Judge Vito’s ink was dry. Being aware of how this works, we all know the Director of VR&E, Jack Kammerer,  got the heads up about a day after Vito returned to DC from his Travel Board wanderings back in April of 2015.     

This one is going to be a 45-day poetry in motion Writ. Launch time is Monday morning when the Post Office opens up. I can almost hear the gnashing of teeth now. D-day (delivery day) for all the documents should be about no later than Thursday. Give them a day to open it to check for ricin and it’ll be upstairs on  Call me Bob’s, Leigh’s and Jack’s desks. To be a fly on their walls…

Most importantly, the emails also gave VA numerous chances to invite me in to the magic stakeholder room and brief me. Instead, as we find out, certain people who would prefer to remain nameless sat on this for four long months and stared at it like an indecipherable Rubik’s cube. Following that, it was booted to DC where endless rounds of signatures were affixed as it was passed from soul to soul for concurrence. I do have flies on the wall there telling me that. The last straw was the endless parade of “We’re just waiting for the VA’s Contractor services to get back to us and that should be another 30-45 days.” After you hear that about three times, you have ninety days stacked up with another 30-45 on deck. Thirty days here, thirty days there, the next thing you know your’re talkin’ some serious time here. It sneaks up on you.

MTE5NTU2MzE2MjM2Nzc2OTcxTo speed this up and impress upon VA my earnestness (again), I utilize my own 45-day method, sometimes referred to as the U. S. Grant option. I refer to Ulysses S. Grant, our esteemed 18th President. Well, ‘esteemed’ if you were a Yankee. For all us poor souls who suffered the War of Northern Aggression, you can understand we’re not quite so enamoured of old Ulysses. But for a piddlin’ $50 bucks, you can cut to the chase and find out anything you want to know. You don’t have to keep calling the 800-827-1000 Prize Redemption line. You don’t have to wait for the phone to ring or spend endless hours with the binoculars watching the mailbox. For that $50 spot, the Court will get a wonderful CBI back in 15 to 30 days and all the fog and mystery will be replaced with “We don’t understand your Honor. We sent that____________ (decision, SOC, GSA Contractor, other) out last week and the petitioner was apprised of whazzup. Why he’s here pestering you has us all here at the OGC in a quandary. Seems it’s much ado about nothing. As far as we know the bulldozer was clearing the pad for that g-house yesterday. So we can shitcan this Extraordinary Writ crap right now and still make Happy Hour. Hear? ”

I like simple. I like the ‘gitterdone’ ethic. Mostly, I like to see them VA OGC fellers blow coffee through their nostrils, drop what their doing and get on the horn to Seattle to ask them what part of RFN they aren’t getting. Think of this. Seattle’s VR&E shop managed to shrink it’s ILP caseload from 41 in 2004 down to 16 in 2014. By now, it’s probably below 7 (including me). So you do understand that inexorable, irritating itch I get when I think that for nine months they’ve all been pulling down six-figure salaries to sit around funning me and about six other deserving naive Veterans.

Granted, we’re not talking grab bars and sock puller-uppers here. No electric can openers or cordless phones for moi. I won the greenhouse in the Crackerjack box of ILP and they’re sitting around like vultures praying I’ll get a case of the vapors and forget it-or die. Sorry. Time’s up. Thirty day letters went out forty days ago and I even threw in a few extra days just to equitably toll it. I warned them in advance that the Ex Writ was coming and they still wanted to play “Who’s gonna blink first?” This will give them about 30-45 days of breathing room before they have to tell the CAVC judge why they’ve been naughty.

Ladies and Gentlemen Vets, it’s time to play Ex Writ Poker again. Here’s the latest salvo:

Ex Writ Redacted

Here’s the email chain referred to in the Writ.

 

VR-E emails re ILP g-house redacted

The greenhouse bid:

greenhouse + install quote redacted.

And the BVA decision:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files5/1538123.txt

This going to be more fun than elk hunting from an unmarked Cessna 172  out of season with no bag limit and no restrictions on how many points. In a National Forest. With an M-60.  And the game warden is your BFF.

The sad part is springing it on old Kris out of the blue. He claims he’s always been the neutral scapegoat and merely the bearer of bad tidings. Que sera,  sera Kris. If you work for VA, you get tarred and feathered with them. I’m going to go silent for a week and not pester them. Fact is, I suspect the old landline is going to start ringing pretty soon and the email is going to fill up. We live in the country. Sometimes a storm takes down a few poles and we’re out of communication for daaaaaaays at a time which is plumb unfortunate. VA must be mighty aware of how that phenomenon works, too. Could be my lumbago will start acting up and I’ll take to bed for a spell. Seems they have the same weather problems up north in downtown Seattle judging by the dearth of info being transmitted in a timely manner. The phone service is anticipated to return hereabouts along with Internet in about the next seven days. I have that on good authority from a fly on the wall down at the cable TV company.

I cut bait for nine months. Now I’m gonna go fishing. And that’s all I’m gonna say about that. Just leave a message. Maybe I’ll call.

Nodster

P.S. If they hand me off to Judge Davis again, I’ll know it’s not a coincidence or an unlucky draw. I had him on CAVC #10-300 and again on CAVC #15-112. One more with Davis and I’m calling Greg Block out on it.

This is the first a series of the new Extraordinary Writ that will soon become #16-2098. The next installment is here 

CAVC #16-2098–WASN’T BORN TO FOLLOW

 

Posted in Extraordinary Writs of Mandamus | Tagged , , , , , , , , , , , , , , , , , , , | 13 Comments

Draft bill: “Caring for our Heroes in the 21st Century Act”

News from Frank (VT) to consider: 

Cathy_McMorris_Rodgers,_Official_Portrait,_112th_Congress

Rep. Cathy McMorris Rodgers Image: Wikipedia

Congresswoman Cathy McMorris Rodgers (WA-05) is working on a bill that contains many VA healthcare restructuring proposals.  She wants feedback on the 58-page discussion draft (LINK).

“With this draft legislation, my goal is for veterans to have the ability to choose what health care plan best fits their individual needs,” McMorris Rodgers said in the statement. “This proposal should serve as the starting point for putting veterans in charge of their health care.”  (LINK)

One good idea is to allow vets to buy into the Federal Long Term Care Insurance Program (Section 401). But this could just be a carrot because it plays into our fears (realistic or not). Why not just separate this provision as a standalone law?

Some of the ideas are radical and seem suspicious.  For example, a proposal to create a VetChoice Care Program with an open enrollment period, linked to priority groups, premiums, premium supports, health savings accounts, and other complicated ideas.

Newspaper articles make these proposals sound good but hold on…

The DAV, responding to Sen. McCain’s criticism of VSOs about resistance to some non-VA care proposals gives one pause:

“What we are against is unrealistic proposals that promise unlimited choice, which in itself is unsustainable, and in reality could force millions of veterans to lose the option to use VA health care, which could ultimately shift the financial cost of care onto every veteran.”

I’d like to see analysis from the Veteran Service Organizations on this discussion draft.  I would love to see an end of the dysfunctional, wasteful system veterans endure now but I think some of these privatization ideas are not in the best interest of veterans.

carrot-cake-226772_1280

Carrots in cake is good; carrots as bribes, are bad. Image: PD Pixabay

 

Posted in All about Veterans, Food for thought, Future Veterans, General Messages, Guest authors, Medicare for VETS, non-va care, Uncategorized, VA Health Care, VSOs | Tagged , , | 14 Comments