Exposed Vet Radio Show is scheduled for 1900 East and 1600 West. Pete Cianchetta and I will be discussing the ramifications of the demise of Chevron Deference and how it’s going to affect VA claims.
Here’s the link.
https://www.blogtalkradio.com/jbasser/12350987/connect/638af041513f7e3b96c012e33030a6af71869828
Or, you can use the old fashioned telephone connection.
See you there verbally. Don’t forget the chips and dip.
Unlike Mr. Sting of The Police band, I have great faith in America. His song Spirits in the Material World paints a bleak picture of the future if you subscribe to its dire premise. Many progresssive-minded folks do. I don’t. If you want to see a country with a lot of problems, you don’t have to look far. Can you imagine living in Afghanistan these days? As a woman or school aged girl? Or worse, a transsexual?
While America has had a few rough spots, you’ll notice we’re still around using the original recipe for the Republic we founded. We’ve never been conquered or occupied by hostile forces on our own turf since the English burned down the Casa Blanca in 1812. The fact that we’re being invaded by illegal immigrants who seek a better life is disconcerting but I expect that is a temporary aberration that will resolve itself soon enough if the powers that be would quit squabbling.
I hear all too frequently that “democracy is at stake” in November. Do any of you actually believe some chucklehead like Trump seeks to get elected and then proclaim himself a dictator? For life? That’s like believing in chemtrails and a flat earth. It would require a conspiracy of untold magnitude and the collusion of nearly every branch of the military. I honestly believe we have a better chance of greeting aliens on the Mall near the Washington Monument soon.
I tried that conspiracy gig up in a country back in the ’70s where Together We Never Served. You can’t clear them in hot with liquid sunshine (napalm) without getting busted. A conspiracy of one? Yes, but not a conspiracy of more than one. Too many people have to know in order to accomplish it. That can’t happen in the brave new world of whistleblowers.
Let’s unpack this “doomed democracy” gig. Without taking sides, I’ll grant that a bunch of “inspired citizens” decided to hold a protest at the Capitol on January 6th back in ’21. Did they seek to change the election results? Did they seek to permanently revoke democracy as we know it? Political science isn’t my strong suit so I defer to others. What I saw is some unruly idiots on parade who wanted some facetime on NBC. If that was the best they had, they flunked the “Destroy Democracy” test. I was impressed with the guy who tried to abscond with the Speaker’s Podium. That took balls bigger than mine.
America is an amalgam of many things. I’d pull up short of saying extremists or insurrectionists. Most of the Americans I know are ex-military types who fervently love their country. They may comprise disparate groups who vote in two distinctly different directions. Some want more freedom and less government. Disturbingly, other groups actually want the opposite. Gun nuts. Gun control nuts. Men who yearn to be women and vice versa. Folks who prefer antisemitism over freedom of religion. It becomes comical when a large contingent of LGBTQ-type advocates support Hamas. Do they realize they’d be executed on the spot in Gaza (or anywhere in the Muslim world) for waving a rainbow flag? As my daddy used to say, “You have the right to remain stupid.”
For all America’s perceived shortcomings, there’s no place like it. Very few countries on Earth allow you to possess guns. They don’t trust you with them. In some countries, you are not free to move about the country. Sure, you can own and operate an AK 47 or 74 in Afstan-but only if you’re on the right side of the ruling hierarchy. Can you imagine a sand rancher walking into a Piggly Wiggly store and cutting lose with a 47? He’d never survive long enough to go to trial. I fear that may become the case here some day if we don’t start to enforce the myriad rules already on the books instead of trying to take away our guns.
America is unique. When I hear some of you shout Make America Great Again, I can’t help but think you’re missing the point. When did we cease to become great? Or mediocre? Or downright unpleasant? Okay. Leave out New York, San Francisco or LA.
Every four years, we (opposing political parties) get the heebie-jeebies that somehow the “other side” is going to take over and wreck all the hard work we’ve accomplished. I get that. Paranoia strikes deep as the song goes. But think back over the last 248 years and tell me when some “existential threat to democracy as we know it” reared its ugly head and smote down our Republic. I disremember unless you want to drag in the War of Northern Aggression (viewed in the eyes of the South) or the Whiskey Rebellion in Pennsylvania. America didn’t perish. We gathered ourselves up and moved on.
Existential threats, to me, are weird-ass shit like fake pandemics. Sure. A lot of folks died from Covid but the more we investigate, we understand many of them were on their last legs medically speaking. Masks turned out to be useless. Our government lied to us and screwed up the country. We’re only now beginning to see the long range damage. In true numbers based on the size of our population, 1918’s Spanish Flu was just as bad- if not worse. We survived as a Nation. Ditto WWI and II. More dittos for Vietnam and the Iraqistan fiasco. Much like a cat, we always seem to land on our feet and proceed apace. Witness the elimination of segregation and slavery. Don’t try to convince me racism still runs rampant across the Fruited Plains. I used to live in the South and am old enough to remember colored water fountains only. It only exists now for political purposes to incite, anger and separate us. Wake up, America.
Freedom (American Style) is pretty much unique to our country alone. The very idea that if former President Trump regains power, he’ll have unlimited power to order Seal Team 6 to take out Nancy Pelosi or Chuck Schumer is ludicrous. Moreover, if anyone thinks the Army or the Marines would go along with the idea that he should be crowned King and rule forever- and even support his efforts to overthrow ‘democracy as we know it’, you need to see a shrink and be medicated. Heavily.
Japan was convinced they could never invade America and conquer us because we (as one aspiring politician once said) are a basket of deplorables who cling to their guns and religion. I really don’t have much truck with the ultra religious but if they’re peaceable, I don’t see the problem. If they know gun safety and don’t sashay around at the local Mall toting six sixguns, who cares? I even will give them a bye when they show up on my front porch and try to shove an Awake! or Watchtower magazine into my hands.
What I fear most are folks who may want to outlaw purple hair or teach kids DEI in school. School is for readin’, writin’ and ‘rithmatic- not a brainwashing exercise to convince Johnny that he might, in the new reality of wokeness, be Jane and his parents are guilty of suppressing his yearning to change. Let’s let Johnny or Jane make that choice after s/he reaches the age of majority- and not before. We don’t let them vote before 18 for a reason. They’re not ‘done’ yet.
America is sturdy. It’s durable. It will survive if everyone would cease getting their panties in a knot and predicting gloom and doom if one side or the other prevails. We’ve been doing this for a few hundred years and we’ve always had a peaceful transfer of power. One marvels at how Trump can be guilty of trying to ensure the 2020 election was above board. Do we ignore Al Gore’s hanging chads in Florida in 2000? Do we sweep Hillary Clinton’s conjecture of how she was robbed in ’16 under the carpet? Face it. Every election, by its very nature, is going to have a winner and, conversely, a loser. Unfortunately, some are sore losers. Sore losers never changed the outcome though.
I rarely opine on matters political but the frenzy meter is running in the red these days. AOC says she’s going to impeach the Supreme Court for the litany of evils they have spawned. I never heard the conservative branch of Americans ever advocate to run them out on a rail when the Court was 6-3 and knee deep in progressive endeavors for years and years back in the 60s.
It’s time to sky down and analyze history. Roe vs. Wade hinged on the Government abrogating the power from the States to tell women what was permissible. Nowhere in the four corners of the Constitution does it say the Government has that power. Just because it happened doesn’t mean a wrong cannot be righted to balance true freedom of choice. Each and every state has the right to make that determination. I, for one, find abortion to be sanctioned murder but I would fight to the death for a woman’s right to make that choice herself. If the state you live in forbids, or severely curtails, that right, vote with your feet. If Illinois outlaws possession of AR 15s, vote with your feet. Move to Florida or Wyoming. You live in America. You’re free to move about this glorious country-for the moment anyway.
I hear Alec Baldwin or Susan Sarandon moan and say if Trump is elected, they’ll depart America post haste. They said the same thing in ’00 and ’04 when faced with the choice of Bush ’43. And here we are twenty years later still going strong like the Energizer Bunny. That babe down in New Mexico would still be alive if Alec had left. No. I have ultimate faith in the way our forefathers constructed this poker game. It’s stood the test of time and a bunch of panicky naysayers won’t convince me to vote for anyone who advocates usurping our rights to protect us from ourselves.
Next year, I look forward to a closed, Southern border (or any border) that protects us from folks who would blow up the World Trade Centers, I look forward to schools that teach morals- not how to put a rubber on a banana. The old Virginia Slims commercial always resonates in my noggin. “You’ve come a long way, Baby.” We have. We now need to put that in perspective and practice what we preach. We cannot put our citizens in a virtual moral (or immoral) jail to protect them from themselves. We have to trust that those we elect will do the right thing and protect our unique way of life for those who come after us.
We don’t need to make America great again. We just need to admit we’ve strayed a little bit too far in the wrong direction. When we can’t afford to pay rent (let alone buy a house) and put food on the table for our kids, that means we’re doing it wrong. When good, solid immigrants of high moral character are waiting patiently in line to come here, how can it be that our Administration is not only allowing unvetted, unvacinated folks to stream across the border unfettered but flying them in from El Salvador? If the guy running for President is convinced everything is hunky dory and no American servicemen have died on his watch, then we need a change. Two Americans are running. One is an alleged felon for cooking the books to pay off a hooker to quit lying. The other ‘s son is now an alleged felon who just got convicted of illegal possession of a handgun while high on crack for the last 10 years. Only in America, folks. Only in America. I don’t think it gets any greater than that.
And that’s all I’m going to say about that. Happy Birthday America. Gentlemen, start your barbecues.
I received a copy of a new book that just came out this week. Included was a cover letter addressed to Mr. Gordon Alexander. The VA Accreditation site has me as Gordon A. Graham and the nova site has me as Gordon Alex Graham. Since you just gotta know everyone sells their lists including the VFW etc. , I’m now watching my mail to see what else comes in with that name configuration. Below is the copy of the cover letter. I’ll give Maggie a bye on this one. I don’t mind being addressed as Mr. Alexander. Beats Hell out of being called late for dinner.
Back to the book. The subheader below Betrayal of Valor is ‘An Exposé of a Horribly Flawed Veteran’s Administration”. The author has asked me to critique his work. I’m sure it’s a very well written book. I’m sure it’s unerringly accurate historically speaking. I’m uncertain as to whether Mr. Eric Gang, Esquire is an accomplished VA attorney or not. I don’t know anything about him and don’t recall I’ve ever run into him at our legal conferences. His record that I can see reveals hundreds and hundreds of Joint Motions for Remand (JMR) asking to relitigate the denials again below salted with requests for dismissal. Granted, maybe he prevailed the second time around. Let’s give him the Presumption of Soundness, shall we? What the hey? The man has a J.D. and I sure don’t.
I’m pretty sure Eric’s as busy, if not busier, than me but honestly, sending me-or any Veteran- a copy Of this “exposé” is like carrying the coals to Newcastle. I reckon that phrase dates me. To all of you who just came back from Sandrancher country, it’s like reminding us all you just spent twenty plus years at war and had to run for your lives at the end. Veterans are well-versed in that version of war since the Vietnam debacle. I’m praying it doesn’t become the default setting in the future.
From the title, you’d expect the book would recite the litany of VA stupidity that’s followed them like a moonshadow since our War for Independence. Think about it. VA has an almost perfect unblemished record of turning everything they touch into a world class fustercluck. Seems plausible. The VA used to be an offshoot of the Secretary of War and thence the Department of Defense. Historically speaking, Fort Five Sides hasn’t been able to find their ass with a methane detector since the end of WW II. Now they’re hopelessly occupied with flying the rainbow flag and achieving equity to even attain (let alone maintain) their troop strength.
The VA didn’t technically come into its own until 1989 but nothing has changed except the name. Which is why I question why anyone would suddenly wake up in 2024 complaining the system is irretrievably broken-and then write an exposé sharing their newfound revelations with the folks who’ve experienced it since their separation. Helloooooo?
Remember the Bonus Army that came to Washington DC back in 1932 and demanded early redemption of their bonus coupons? Screwed to a man they were. MacArthur and Patton got in some good cavalry practice that day and even Eisenhower got dragged into the fray- albeit unsupportive of the action.
Think of more recently. Remember Under Secretary for Benefits (USB) Allison Hickey testifying before Congress circa 2013-14 that the VA was preparing to revise their DBQs to provide a space for doctors to opine-up or down- as to whether the disease /injury was caused in service? Under Secretary Hickey insisted they just wanted to use up all the existing ones in stock first. But riddle me this- all the DBQs are electronic .pdfs.
I guess I might add it appears they never did finish using up the electronic version as there still is no place for the outward-facing document available to Johnny Vet with that promised box to opine in. VA has, however, created a separate inwards-facing “DBQ” of sorts called a Medical Opinion form wherein they perform this function but it isn’t available to us (Veterans) to provide to our own doctors. Sound like some kind of Secret Squirrel SOG bullshit? You betcha.
Remember when the AMA was inaugurated in 2019 and was going to revamp and simplify the whole VA claims process as we know it? I’m still hoping to live to see the promised drive-thru lanes at our VAROs across the fruited plains before I pass. But then I’m also still waiting for the backlog of any kind of claim or appeal to evaporate (as promised) which might create the necessity for these drive-thru lanes.
Remember when the VA had so many doctors that they were promising you an appointment within a month? In 2014, we all found out they had to 86 a shit ton of appointments at Phoenix just to keep the wait time down to a dull three-month roar. Even then some Vets fell through the cracks and died before even getting to first base with their caregivers.
Every time I hear some Vet spout off about what killer care he receives from the VAMC near him, I look down at my belly and those seven ventral hernias avec cadaver skin and say “wait”. Just wait until you’re coming down with Prostate cancer and some VHA desk pilot in scheduling says in a chirpy voice that you’re in luck inasmuch as they have an opening in MRI next February 10th (2025) at 1640 hrs. So what if your prostate cancer has metastasized into your bones and lymph nodes by then? It’s free because you’re 50% or more SC. Surely you can see the value in it being free medical treatment.
Mr. Gang’s book reads more like a poorly plagiarized version of a NVLSP Veterans Benefits Manual. The title suggests we’re going to get the down and dirty on every nasty deed they’ve ever perpetrated on us. It doesn’t. I’m not denigrating the book. It’s just that it regurgitates nothing more than how to win a claim-not an exposé as promised. When the war’s over, Veterans are leftover detritus that no longer needs to be pandered to. What throws me for a loop is that several of my fellow VA agents have also received this tome but nary an attorney has. Is this to say we’re equally as ignorant as VSOs and need counseling by Eric on how to do this? That’s pretty condescending. Remember- his publisher, at his insistence, asked me to critique this book honestly. This isn’t some Sunday afternoon diatribe.
I’ve been playing VA poker since 1989 on a pretty regular basis and there’s not much they can pull out of their hats these days that I haven’t seen. The major change just seems to be the inordinately large amount of bullshit coming down the pike with new, imaginary regulations that say that unfortunately we can’t get there from here.
If Mr. Gang had been more forthright in his investigations before taking pen to paper, he’d comment on the reality of our latest fiasco called the PACT Act. It’s as if Congress and VA colluded (read ‘made a pact with the VSO devils’) to foist this new ‘entitlement’ on Veterans and then hand out 0% ratings after mucho PR hoopla. We, among the VA representative ranks refer to this dog and pony show as the ‘Zeros for Heroes’ program. Trust me, it’s been around since before the War of 1812 and hasn’t changed appreciably since. Promise them untold compensation riches and hand them fool’s gold. Welcome to VA compensation 101.
On Ash Wednesdays (post PACT Act), across our fruited VA plains, many Veterans figuratively discover the valuable Mardi Gras beads (read promised benefits) they were bequeathed the night before in good faith by their VSOs are nothing more than cheap, worthless 0% trinkets. This happens year in and year out. Was it Einstein who opined the definition of insanity is performing the same action over and over in hopes the results will change?
I’m not complaining about Mr. Gang’s book. I merely point out he’s failed to reveal the perfidy of VA’s continuing promises he’s promised which they dangle in front of us like a carrot before the donkey. Where’s the exposé, cowboy? It’s a great book if you’re a newby FNG representative looking for insight on how to cut the VA’s Gordian Knot. It’s Greek if you’re Johnny Vet. And it’s like reading last week’s newspaper if you’re inexperienced and expecting to receive some Divine Sign from God on how to win a VA claim.
I’ll leave you with this. On the back cover, a review by Kircus Reviews states:
If you don’t understand VA law-both the old Legacy system as well as the new AMA- how in Sam Hill do you expect to offer practical tips to the great unwashed? And that’s all I’m going to say about that except Veterans deserve the capital ‘V’ rather than the lower case ‘v’. We’ve more than earned the sobriquet in my mind.
P.S. One upon a time, where, Together We Never Served…
I got hornswoggled into doing a PCAFC appeal to the Board for Ray. Then I inadvertently inherited one already at the BVA in Caseflow so I’m going to discuss the ins and outs of “How to” for all of you encountering your own difficulties in this endeavor. The secret seems to be in the phraseology.
The Call in number is still
Or, should you desire to view it on the computer…
https://www.blogtalkradio.com/jbasser/12346174/connect/083b1805437ee52ec94a79a102321e4a0e6a40da
Show starts @ 1900 Hrs East/1600 Hrs Left Coast. See you there audibly.
Artificial Intelligence (AI) seems to be all the rage now. As for applying it to the VA claims process, I expect a lot of Veterans are going to spend mucho dinero chasing an AI unicorn and be poorer for the effort soon. Granted, the VA claims process is daunting enough- and even more so since they reinvented it and “simplified” it with the AMA. But complicating it with the AMA and then salting it with a cacophony of AI is going to result in a ever-larger tsunami of denials. The reason is simple. I’ve been observing this process since 1989. Every time a new trick is discovered to “get there”, VA revamps the system to plug the hole in the dike. Read on.
After umpteen denials and untold ‘not well-grounded’ Dear Alex letters from Uncle Ed Derwinski and his progeny in my early years, I eventually ran into the CAVC (formerly COVA) website and the BVA decisions site in 2008. In 2006, there was no talk of nexus letters or IMOs. Most of us just kept plugging away with defective buddy letters, contemporary photos and futile pleas for the benefit of the doubt. Veterans actually had a statistically higher chance of winning the Publisher’s Clearing House Sweepstakes or the Powerball Lotto.
Being sick as a dog and unable to work, I began an Occam’s Razor examination of why Vet A prevailed and Vet B lost. I began by reading every CAVC (COVA) decision from 1989 to about 2006. That really didn’t help as I had no legal acumen. However, the BVA decisions website was more explicit. Here, you got to examine a case with the end result (win or lose) at the beginning followed by a precedential rationale legally speaking. It was easy to sort through and segregate all the wins together and relegate the losses to the circular file. But, in the process, I at least began to see the legal rationale for the wins.
No secret handshake had to be learned. No 8-character password with a number and a character had to be memorized. All you needed was that magic paper from a Doctor saying the nexus words for you. It was so simple, I doubt most would have discerned it. As soon as I published that Rosetta Stone, they changed the game. No longer would a simple explanatory letter do. The next iteration was that VA’s examiner had read the entire claims file (or claimed to have done so) and your doctor didn’t so they had the complete picture.
That was an easy fix but incurred a six-month delay for the most part just to get the claims file. Most Veterans’ doctors were just that-Doctors. They had patients whom they serviced and they didn’t have time (or Adobe Acrobat OCR) to ingest a 1,300 page file with everything from your anal temperature at entry to your inoculation records. This gave birth to a nascent industry of Independent Medical Opinions. Granted, the field had existed for aeons but was very expensive. Most non-VA attorneys used this process for malpractice claims. It wasn’t unheard of to hire a specialist to come across the country to testify at your trial for about $30 K plus dealer prep and destination fees and a fuel surcharge on top.
The next change was VA examiners (read raters) picking apart your IMO and finding some miniscule fault to deny on. Arguments began to surface as to whether your lay testimony was credible or whether you were competent to discourse on whether you had a transfusion after you got that through and through GSW. If it wasn’t in the records, it never happened. The hole in your chest and exit wound didn’t mean anything. Purple Heart? So what?
The IMO game has evolved from there. Just getting one is no longer the panacea it used to be. The reason is simple. More and more Vets are turning to the Claims Shark model of VA litigation and hiring former VA examiners as Sherpas to lead them up the claims mountain. The Sherpas, in turn, have a comprehensive development team to provide you with the IMOs, coach you on how to write the perfect lay testimony in support of your claims, and, in some cases, file the whole shiteree for you. Newsflash. VA reads the newspaper too.
As most know by now, this Sherpa model is a) illegal as hell; b) has more hooks on it than a Heddon™ Tiny Torpedo; and c) will cost you waaaay more than if you’d just hired an Agent or attorney. Granted, there are good arguments on both sides for using attorneys/agents/VSOs versus the new Shark model. The attorneys, for the most part, know the legal side, are becoming more acquainted with the IMO theorem and have a high win to loss ratio. The Sharks don’t have to obey the rules so they can cut corners. They keep their own doctors or psychologists on tap along with a bevy of Nurse practitioners to write the IMOs for “free”. When you win, they descend like vultures to collect the lion’s share. “Free’ gets a new five-figure definition-but only if you win. I’ve recently seen an IMO denied because the doctor’s address was the same as the claim shark’s office address. Can you say ‘independent’?
This art form has been around for scores of years. It used to be they just charged for the IMO itself. Representation was an additional 20%. I’m sure most of you are no strangers to a few in the industry who perform ‘holistic’ medical opinions. These IMOs look at the whole you from stem to stern. Who cares if you didn’t have flat feet in the Army? Turns out that bunion you went to sick call for in ’68 was just the beginning of it. Your knees gave out because of the feet. The knees are connected to the L5-S1 bone so that’s part of it too. And in 1992, you might have gotten away with it. But not now, kemosabe.
These days, you can hire a real neurologist to opine on why you’re dizzy 24/7, have excruciating headaches and go through wives like toilet paper. They can cite to 21 peer-reviewed articles published in JAMA explaining your TBI via an RPG in the king’s English. VA can send you out for a 20-minute c&p by Shaniqua Brown, NP-FNP (TBI-certified by Optum Serve) who attributes it to the post-service MVA where you got a fender bender. As I said, this game has changed over the years. For me, it now almost always entails a trip to the BVA on appeal to get justice.
Enter AI. Several days ago, one of my compadres ran into a new wrinkle. He claims an outfit called the VA Claims Academy® has a new technique using AI that can write out the whole claim- including the lay testimony for you. All you need to do is arrive on their doorstep with you VISA© card in hand. I didn’t get into the fine print but I’m guessing they also have the complete complement of doctors and nurses just itchin’ to nexus everything on or in you to, well, something in service. Maybe you were stationed in England in the Air Force when those aliens landed back in ’80. Who said your claim for PTSD due to alien abduction is far-fetched? AI can fix that.
The art of the nexus letter has advanced far more than just asking your treating physician to write one for you. Be prepared for a a large dose of VA skepticism. In fact, I’m seeing them question whether my Vets are engaged in fraud. I’ve had a VA doctor say (in his own IMO) that private IMOs are bogus because the Vet’s clinician has a vested interest in it. It has to be bogus- they were paid to produce it. Case closed, right? Think that one through to its logical conclusion. Does the VA subcontracted VES author of an ‘independent’ VA medical opinion denying your entitlement to __________ work for free? Of course not so that’s like the pot calling the DEI kettle black.
With AI, you can fabricate everything but the National Provider’s Identification number (NPI). The DEA assigns the number when you become a licensed medical provider. I had one rejected last month for that reason. Just for shits and grins, I googled the doctor and bingo-there’s his NPI in his bio. You’d think a VA rater with a room temperature IQ could find that. You’d think wrong. I reckon VA doesn’t have access to Google.
I see a bad moon rising for Veterans with the advent of AI. I’d feel a lot more comfortable if the ocean full of claims sharks wasn’t there because all it does is taint us legitimate accredited representatives who play by the rules. What’s worse, the sharks have hired oodles of lobbyists to let them practice with no oversight because well, gee, there aren’t enough accredited reps to go around. How about if all the sharks just sit for the VA OGC exam if they are so knowledgeable and capable? Why the approbation and feeling they are being discriminated against? Shoot. Just look at those impressive big dollar wins they’re bringing in. Having a sheepskin to hang on the wall saying you’re legit would seem to be good for business. Besides, it costs $0 dollars to get your accreditation.
In closing, I think the answer to this quandary of legitimacy must always be governed by logic. Attorneys, doctors, nurses, paralegals, and yes, especially us lowly Agents require some supervision to give this process the semblance of respectability. But how about some certificate of competency for VA’s DROs, RVSRs, Coaches and VSCMs attesting to their bona fides? Why do they get a bye on the licensure requirements? It’s patently obvious from VA’s adjudicatory record that VA screws up 74% of everything they touch. In fact, in this business, getting it right is increasingly more an anomaly than a given.
I’ve always been one to play the Devil’s advocate of my own claims- if for no other reason than to ferret out a fatal flaw to my legal logic. The argument for less, or no accreditation strictures whatsoever, doesn’t pass the logic test nor the claims sharks Rodney King plaint of ‘can’t we all just get along?’ that they should be presumed to pass muster in the legal proficiency arena. Accreditation? We don’t need no stinkin’ accreditation! That’s a specious argument like saying the government shouldn’t require you to have a driver’s license to drive a car. Or better yet, lawyers shouldn’t have to go to law school and pass the Bar to practice. Right?
P.S. As with all VA “Claims Sharks”-involved posts, due to certain parties feeling marginalized by my and my fellow VA -accredited friends’ comments on their legal technique, I must take typewriter in hand and clarify my and Asknod.com’s position. Quite simply, Asknod.com’s blogs are on a par with the Babylon Bee© approach to news and conjecture. We write about it. We do not moralize on whether a Veteran should choose this method or representation. We do not pronounce judgement on the motives of non-accredited legal entities who claim to be nothing more than “sherpas” but not preparing claims per se. As a non-attorney claims agent, my conjecture is just that-idle theory. Call it a WWVD (What would a Veteran Do?). We may report on what others have done. We may say what we feel we personally would have done but that could never rise to the level of legal advice to renege on contracts.
Memorial Day is painful to some, joyous to those who aren’t a subset of America’s fallen and, sadly to most, just an excuse for a three-day weekend with a lot of burgers and brewskis. I won’t dwell on the morose serious side. To me, even though my dad rests on Mary Custis Lee’s front lawn, Arlington National Cemetery represents the ugly fallout of War; all wars- not just our internal squabble between the north and the south.
Having participated in a war once upon a time, I survey the last fifty years and see nothing has changed. Every time we end one, it’s only a matter of time before a new trouble spot rears its ugly head and all George Santayana’s admonitions fly out the window. We bust out the yellow ribbons and the medals and patriotic fervor rises in our breasts. Again.
A stanza of Fortunate Son by Credence Clearwater Revival rises in my breast…
In case you haven’t noticed, those eager to commit to war most often are not the same folks who’ll be carrying the flag or toting a 16. I’m sure they have all the moral and intestinal fortitude of patriotic citizens but that’s easy if your personal involvement consists of little more than raising your right hand to vote ‘Aye” to another Tonkin Gulf Resolution committing hundreds of thousands of your fellow Americans to certain death. Again.
However, I won’t dwell on that today. Dead folks don’t demand respect. How can they? They’re long gone. Only their offspring and survivors can occupy that unenviable position. In another fifty years, there will be no survivors of the Southeast Asia War Games. Ditto one hundred years hence and the eventual passing of any survivors of the Afghan/Iraq/Kuwait debacle. We’ll still have plenty of Memorials to remind us of the absolute, utter futility of War but will probably still have plenty of them folks with Star-spangled eyes just waiting for a new conflict. Again.
This last week, I encountered a completely unexpected scenario. I doubt any of you would even conceive of this happening. To put it in perspective, allow me to ‘set the table’ figuratively. Since the War of 1812 or thereabouts, we’ve had a soft spot in our hearts for our sons of war who suffer disabilities incurred in both combat and training. We have created munificent statutes (in Congress’ mind) to remunerate them for their suffering. In furtherance of that worthy objective in 1865, we were forced to enact laws to prevent Veterans from being fleeced by unsavory characters who would steal funds awarded to disabled Veterans. We had pretty much put the puppy to bed until 2006 when Congress let their guard down and eradicated criminal penalties that protect us from their depredations.
With the advent of the Pandemic, idle hands (and minds) began anew the hornswoggling of a new generation of America’s warriors. I speak, of course, of the new cadre of what we call “claims sharks”. Quite simply, in the last four years, uneducated, unschooled and avaricious individuals have begun offering help with VA claims. Their numbers continues to metastasize exponentially and the financial harm done to Veterans’ pocketbooks, and, by extension, their dependents, is appalling. Yet Congress dithers and does nothing. Again.
Many in the field of Veterans Affairs and litigation have strongly advocated for the safety rails to be erected once again to protect our disabled Vets. Sadly, Congress’ resolve to do something is being overwhelmed by greedy interests (read lobbyists) who advocate for a wide-open free-for-all of unaccredited, unlicensed scalawags. They propose new rules that would allow those they represent to fleece Vets unmercifully. This has given rise to two competing camps advocating for two entirely different outcomes-one, the old school version where only accredited attorneys and Agents like myself are properly vetted and supervised to prevent abuse; and a new version where unlicensed, greedy operators are demanding they be allowed to charge as much as the market will bear. Again.
The two competing legislative bills in question are the “Guard” Act which would reinstitute the old penalties for practicing VA law without a license versus the “Cares” Act which would allow any Tom, Dick or Harriet to throw his (or her) hat in the ring and charge up to $12,500 for a single claim. Currently, these unscrupulous outfits in the VA litigation business currently have been known to take five months of past-due benefits, including dependency funds, on brand new claims-something forbidden by law for accredited individuals.
Putting this in perspective, the 146 Veterans Service Organizations chartered by Congress provide this service for free. We accredited representatives generally charge 20%. The most complex cases on appeal are allowed to reach 30% in some instances. But under no circumstances are we allowed to charge a dime if VA grants a brand new claim right out of the gate. So just imagine some shylock showing up, providing Mr. unsuspecting Johnny Vet with lots of help and then taking him to the cleaners for 50%-all with no guardrails or supervision to ensure honesty. Their proffered codicil? Why, they’re not greedy. A max ceiling of $12.5 K for their expertise would be a pittance for their knowledge and expertise. And besides, there aren’t enough accredited attorneys or Agents to go around so this is more fair to the Veterans.
So, you folks can imagine my surprise when Johnny (Iraqistan) Vet arrived at my front door asking for representation because his current attorney (legally accredited) wasn’t very well acquainted with Special Monthly Compensation (SMC) law. Since I know this to be true in most cases, I blindly believed his story and took his Power of Attorney for a records review only. After gaining access to his files, I realized this Veteran was what I politely refer to as a ‘frequent filer’. He had about 4 or 5 appeals pending at the Board that I would be legally required to defend if I accepted his full-blown POA. Whether they were viable, I had no way of knowing but I knew they would entail a lot of unexpected work I would be legally on the hook to defend.
I decided to hand this one off to a fellow attorney who wasn’t as busy as me but still well-versed in SMC. Before he even had a chance to do an in-depth longitudinal review of this Veteran’s claims file, a second Veteran, claiming to be a very close friend of the first Veteran, showed up and asked for help in the same SMC venue. He identified himself as a partner of the first Veteran in a “Veteran help site” with the business named “Blue Cord Patriots”. As most Army infantrymen know, they are permitted to wear the blue fourragère on their right shoulder after completing AIT. It increases the Esprit de Corps. If you’re going to become cannon fodder, you might as well look as snappy as you can to the gals.
My buddy Pete decided to take a gander at Mr. Blue Cord #2 and discovered to his dismay that the Blue Cord Patriots outfit is nothing more than another VA Claims Shark outfit. Pete called me to let me know whazzup. I immediately figured this out. Both of these Johnny Blue Cords are totally clueless as to how to prosecute and win a higher SMC claim. If they were so knowledgeable, they wouldn’t need me. What better place to learn than to hire a knowledgeable accredited representative to teach them how?
Granted, Johnny Vet #1 is a legitimate candidate for a high SMC rating. I won’t dispute that. But his former attorney was none other than Mr. Kenneth Dojaquez of Carpenter Chartered-probably one of the most knowledgeable attorneys of all things VA. I haven’t talked to Kenny about this but my guess is he caught wind of the guy’s affiliation with the Blue Cord sharks and wisely decided to part company with him. Could be I’m wrong but I strongly doubt it. As for Johnny #2, I didn’t see his file so I can’t say if he, too, was an SMC candidate. The funny thing is both are United States Air Force Veterans and the only guys who get to wear blue fouragères in the AF are aide-de-camp officers assigned to Air Force Generals-but on their left shoulders. Nice try but no cigar, Sean and Patrick.
I guess the primary thought that comes to mind is chutzpah. Who would have the balls to surreptitiously approach an accredited VA representative with the express intention of absconding with his proprietary knowledge of SMC (or any facet of VA law) in order to sell the technique to other unsuspecting paying Veterans? You’d need a wheelbarrow to cart cojones that big around. I doubt even Commando Craig® would have the balls to do that.
Now, don’t get me wrong. I am not above sharing my SMC info with other accredited representatives. As a general rule, we enjoy sharing techniques to fight VA and gain benefits for our clients. Our efforts are truly driven by a strong moral compass. On the rare occasions I have witnessed other attorneys win big claims without a fight, I have never heard one utter a discouraging word about how they got screwed out of a fee for their services. Knowing some of my clients don’t have a pot to piss in nor a window to throw it out of, I sometimes do their claims pro bono.
The business of helping Vets obtain their benefits should be altruistic. It should be an endeavor akin to what Dan Ackroyd said to John Belushi in the Blues Brothers movie- “We’re on a mission from God.” Not many aspire to be a VA ambulance chaser at 20% when you can go out into the wider world of civil litigation and charge 40-50%. The mere idea of engaging in a business to fleece anyone-let alone Veterans- should be severely punished. The shocking fact that it’s against the law in civil practice makes it all the more despicable when done by their fellow Veterans like VA Claims Insider Brian Reese and these avowed Blue Cord Patriots. I’m unsure how they can look themselves in the mirror and be proud of their endeavor…
And that’s all I’m gonna say about that. Happy Memorial Day. Don’t burn your burgers and dogs. Raise your glass in a toast to the likes Park Bunker, Capt. USAF (below) in hopes we’ll recover his body soon. He deserves to come home.
P.S. And, as usual, LRRP Ed had to throw this one my way.
P.P.S. As a final postscript, Asknod.com/Asknod.org is retroactively amending these articles which purport to “badmouth” VA Claims Sharks or those accused of same. As a VA-accredited representative, I strongly object to others who are not who purport to “advise” Vets on how to do this and then collect a fee for doing so. That clearly violates §§14.629; 14.636 but is no longer punishable with jail and fines. It makes no difference what you call these types. The repair order is simple. Get accredited. It’s free. Thus, I am forced to state that I really do not care if they are violating the law. If they get punished, it’s not because asknod.com brought on the complaint and drew attention to their violation. We report. You decide. as Fox News© says. Remember, I’m not an attorney. I’m just a shit-for-brains guy with a wild and crazy website like the Babylon Bee©. Asknod Inc. is a separate business entity and has no affiliation with me. My wife owns it.
Not since the epochal SMC precedence set in Bradley versus Peake waaay back in 2008 have we seen anything to upstage this one. Buie v. Shinseki may have been a close second running neck and neck with Jensen v. Shulkin but today’s Federal Court decision in Barry is earthshattering and will very possibly bankrupt the VA. All these years (since 1945) VA has insisted §3.350(f)(3) or (f)(4) could only be awarded once apiece. Further, if you had a 50% or greater rating separate and distinct from the index 100% disease or injury that granted you aid and attendance, and you were awarded a new 100% rating for, say, coronary artery disease, you lost any prior half step awarded under 3.350(f)(3) and matriculated to (f)(4). So… let’s play with this in real time under the new Barry metric.
Click to access 22-1747.OPINION.5-16-2024_2318741.pdf
The interesting thing that jumps out at you-Johnny litigator- is the implications of how all this was written in ’45. I never thought it was very ambiguous in the least but I’m pro-Vet- not some mugwump VA Rater looking to deprive Vets of any and every dime they can deny. Let’s start with §3.350(f)(3). It’s in what we call the SMC P arena.
Okay, pilgrims. Pack that away in the brainbox for a moment and digest this one- §3.350(f)(4):
Both subsections appear to be regurgitations of a basic tenet-i.e., if you get an extra 50% rating and it’s a different body part, you get a bump up one half step from SMC L to L ½. Concurrently, if you get a an extra 100% rating and it’s a different body part, you get a full step bump up from L to M. But….let’s examine how §3.350(f)(3) notably differs from (f)(4) in its semantics. (f)(3) says “additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more”. On the other hand, (f)(4) says “additional single permanent disability independently ratable at 100 percent.” See where the camel got his nose under the tent?
To my thinking, the much-maligned Village Idiot of Dr. Phil fame could easily parse the meaning of this one without strippin a brain gear. I noticed it back in 2016 when I really began to delve into SMC law. I even argued it fervently to VA raters at DRO hearings or BVA judges to no avail. VA’s thinking was very linear. Their position was “If it was available we’d have been doing it that way since 1945. Buzz off. Nothing to see here. Move along.”
So along comes VA Agent James J. Perciavalle, Sgt, USMC (Retired), of Veterans Advocates Group, LLC fame (logo above), and jumped into this controversy a few steps ahead of me. He decided to take it up to the Court. Since he wasn’t admitted to the bar, he contacted his good friends over at Carpenter Chartered to do so. The Court ruled against him which quite frankly surprised me. One of the Judges was Mike Allen who swore me in to the Court Bar. Of all the justices, I would have bet heavily on him voting to uphold the multiple awards entitlement interpretation of (f)(3).
At any rate, the Federal Circuit has spoken. Not only did they speak to this but they reversed it as being unlawful. Their interpretation is binding and they feel Congress spoke to this quite succinctly in 1945. That the VA Administrator in ’45, and now the VA Secretary in 2024, have spoken to the subject and insist their interpretation is correct, the Fed Circus has finally addressed this inequity for the first time. As such, that makes their misinterpretation of law retroactive to 1945. All I have to say is “Gentlemen, start your keyboards and begin filing Clear and Unmistakable Error claims.” VA has been perpetuating the error for 79 years. I believe it was Senator Alan Cranston who first observed in 1988 that VA had existed in splendid isolation since the War of 1812 and now had to be dragged into the 20th century kicking and screaming to afford Veterans their due. I’d say he was off by thirty six years. Better late than never.
It does remain to be seen whether Denis the Menace might choose to defend this travesty at the Supreme Court. In that event, it will become McDonough versus Barry if he does. I do hope he sees the error of his ways. The operable phrase is, and always has been a nonadversarial Veteran friendly ex parte venue in which to present our claims. What part of that is so hard to entertain? Yo. Remember us? You know. The ones who have borne the battle for you? Our widows? Our orphaned children? When the shit hits the fan, you folks always call on us. When it’s over, we’re forgotten and the parades cease. Welcome home my ass.
Make it so, Numbah One. And be quick about it.
P.S. A reader emailed me to ask what this looks like in real life. Read the attached Code Sheet. Vet is 100% on 11/08/2017. He gets SMC L for Loss of use of lower extremities on 10/12/2018. He wins 100% for IHD and gets bump from L to M under §3.350(f)(4) effective 2/05/2019. This is currently up on HLR to get the bump to M which they missed.
Now, with Barry, he will also get a bump from M to M ½ because he has 40% for Prostate and 10% for tinnitus which equals another 50% separate and distinct under §3.350(f)(3). And… it’s retroactive to the date he qualified because Barry is a reversal due to incorrect reading of §3.350(f)(3) for 79 years. So, SMC L½ would occur when he was awarded the L originally and the M½ would be effective the date of his 100% award for IHD @ 100% or 2/05/2019.
Now you folks can understand why you dang near need a Ph.D. to figure all this out. Redact code sheet example of Barry precedence
Having won a greenhouse with all the bells and whistles last week, John invited me to join him on the show and share with the listeners how this came to pass. This I agreed to do. Putting it in context, this began on March 20, 2011 in a Dilaudid-induced opioid haze. Since I figured I was hors de combat, and probably would be for life, I figured growing a shit ton of vegetables might cut down on the food bill. Since those gomers at the seed companies always put in enough seeds to start a plantation, it’s easy to overplant and grow far more that you can eat yourself. I like to hunt out the Veterans on the peninsula where I live and unload all the excess. If anything is left over, I take it to the food bank.
Unfortunately, some Vets are more into Micky D’s or Burgerkingdom™ fare and don’t even own much more than a popcorn popper. My job ends with growing the veggies. If you are food-challenged and can’t even cook for yourself, then your options are far more limited if you’re SINK (single income no kids). Well, that or you have to find friends who manage to overlook you always just happening to be in the neighborhood about chow time.
The Independent Living Program (ILP) under 38 USC §3120 has never changed. What has changed is the way VA would like to interpret it after March 14, 2014. The VR&E poohbahs insist the new M 28-1MR becomes the de facto law instead. When I filed in 2011, the old M 21 was in effect. Under that version, VA could give you a greenhouse or a metal detector or a riding lawnmower. Since Veterans are prone to abuse the VA system, VA figured they’d just grow pot in the greenhouse, sell the metal detector (still new in the box) for crack and use the riding lawnmower as a power wheelchair to get to the VFW bar.
Notwithstanding that, they tried eliminating anything but medical devices as early as 1995. This forced VA advocates to fight back and go to Court. VA’s Office of General Counsel had to hold their collective noes and crank out a legal holding back in 1997. Here’ the meat of VAOGC Precedential opinion 34-1997:
HELD
1. No statute or regulation, including section 702 of the Rehabilitation Act of 1973
and its associated regulations, either specifically directs VA to authorize or
precludes VA from authorizing services and assistance of a recreational nature as
a component of an eligible veteran’s program of independent living services and
assistance under 38 U.S.C. § 3120.
Then, when the ink on the avocational argument was still drying, they came out with a whole new M 28-1 Manual Rewrite- Dude, you already have a greenhouse. We can’t by law give you another one or even a bigger one. Sadly, waaaaay back in 1991, A guy named Marty Karnas (CAVC 90-312) was up at the Court and arguing the same thing. The rules have to be the same when you win as they were when you began. Otherwise, all hell could break lose. You could win your claim but discover you won a nothing burger by the time you got there. Mr. Karnas’ case passed the VA’s smell test- but then what doesn’t? Fortunately for me, the Court called bullshit on Mr. Derwinski.
To give you an idea how I was admitted to the CAVC Bar, you need look no further than the flurry of Extraordinary Writs of Mandamus I filed trying to get them (the Seattle VR&E dicks) to build my greenhouse. Check these out- 2016-2098; 2017-1450 and 2018-0938. Sure, I lost them all but they all ended up in my claims file and those became fair game when I wrote my legal briefs after I returned to the BVA last year for my hearing(s).
The Big Boys’ best attempt, which pancaked miserably, was in 2014 when they insisted I missed my VA 9 filing suspense date. I defeated them with the ages-old USPS Green Card showing they received it and signed for it several weeks before showtime. I was polite. I didn’t call them liars. I just pointed out that it was there at the VARO if they’d even bothered to look. Magically, their attitude changed when they “found” it on the mailroom floor.
Anyway, I hope to see you all there with your virtual chips, dip and a brewski/chardonnay for a great story about how to whip these bozos at their own game. The ILP isn’t dead. It’s just metamorphosed into a more nuanced battle for your rights. Sound familiar?
The Call in number is still
Or, should you desire to view it on the computer…
https://www.blogtalkradio.com/jbasser/12338841/connect/4e9e77f4c12feecfae7d24282c4584aad74031d8
Show starts @ 1900 Hrs East/1600 Hrs Left Coast
Thirteen years, one month and 19 days ago, I filed a request for an Independent Living Program (ILP) grant. That was March 20, 2011. A very close friend and fellow Vietnam Veteran had fought long and hard to win his own greenhouse. Bruce Almighty even traveled to Washington DC to testify before Congress on VA’s seemingly impossible requirements to obtain anything via the ILP. It was the ultimate Catch 22.
VA’s VR&E program under 38 USC §3120 exists. VA will concede that much. Yes. We have an ILP program. Yes, you more than qualify. But no, you may not have a greenhouse. If you wish, we can provide you with sock puller-uppers, grabber devices for that hard-to-reach can on the toppermost shelf or grab bars next to your water closet for those tense, unbearable moments when your hemorrhoids are overwhelmingly painful. A greenhouse, on the other hand, is not something that would help you attain independence in everyday living. Or so they said to me at several different stages on my way up the ladder.
In 1997, VA’s OGC issued a Precedent holding (VAOPOGCPREC 34-97) that was forced to concede that the ILP program actually had, for the previous sixteen years, been a vehicle used exclusively to award metal detectors, riding lawmowers, fishing gear, fishing boats and all manner of avocational accouterments to the most severely disabled Veterans. The program was awarded to 2,700 lucky souls per year. The competition was fierce and some applied year after year in hopes of qualifying.
For those of you who read
That would be me when I heard about Bruce’s long four-year fight. I was a year out of the Seattle VAMC and still hopelessly addicted to Dilaudid. I didn’t fancy myself framing more houses and couldn’t envisage myself doing much more than writing this blog and attempting a convincing imitation of a mushroom. Gardening was a passion so I put in for a really nice computer to create asknod articles… and a greenhouse. The computer only took a year to win- but it was still a fight.
I finally won the greenhouse on appeal in September 2015 but that was just the start of my battle. The VR&E hierarchy began by asking if they even had to comply with some ignorant jackwad VLJ back in DC who didn’t seem to understand that the ILP program had metamorphosed from avocational pursuits to HISA ones. That’s right. Somewhere between 1981 and 2001, the VR&E hierarchy decided there would be no more toys and such distributed to the Veteran welfare population. This was going to become a medical necessity program. 
Riding lawnmowers were suddenly right out because they were transportation devices that could be used to drive down to the VFW to get drunk and avoid a DWI. Fishing gear couldn’t qualify because it didn’t make a Vet “independent in his community”. Huh? I finally had to point out that the OGC actually mentioned computers as an example of an ILP entitlement. VA mulled that over, sent it back to DC and asked “Do we really have to comply? This is pure bullshit.” DirVBAVREVACO (Director, VR&E Services) and OGC all agreed that’s what it said. Bingo. Instant $5 K worth of computer and Adobe 9.5 Pro and a shit ton of other goodies. Believe me, this did not sit well with Hizzonor the VRE Emperor. He was one of those 1976 to 1990 Vets and then some Govt. Service to top off the tank at 20 and the golden parachute. His motto was “They serve, too, (and deserve combat medals) who only stand and wait. Yep. A cannon cocker for life in Germany.
I got my computer from VA in 2012 long before the BVA fight even began for the greenhouse and boy howdy was it a daisy. That Dell had everything but the toaster and electric ass scratcher attachments. It came loaded down with tons of really cool software. VA even paid some ol’ boy to come over and teach me what that Adobe 9.5 could do. Between that and my copier/scanner/ printer, I can damn near print money. I wrote my book on it. I wrote all about ILP and learned more and more. And then one day, it went to heaven in 2018.
After the big win, the Seattle VA VR&E Poohbahs showed up on July 13, 2016 and tut-tutted around the property. The Head honcho told me I didn’t ‘look’ very disabled and said he was going to have to reassess this whole thing. They did try to strongarm me into signing off on a VAF 28-8772 15 X 20 foot structure with a 60 watt lightbulb overhead and one (1) 120v outlet. No water faucet was contemplated because-hey-your old 6X 8 greenhouse doesn’t have one so all we have to do is give you a little more space. Right? I’d already declined to sign a blank 8872 two months earlier so I was amused they thought this was going to be some kind of Come to Jesus meeting or a Monopoly Do not Pass GO! Go directly to Jail card. Man, I’m 73 and 20 year protected. Gilead Industries had just cured me of Hepatitis C and I already had that Get Out of Jail Card in my wallet. What are they smoking? I want some.
When I complained and said I had my eye on a 20×28 version with hydroponics from Farmtek™, they all had a good chuckle and the Big Banana, Mr. David Boyd allowed as it would be a very cold day in hell before I ever saw a greenhouse that big. David retired somewhere in between the SOC in 2019 and 2022 so he won’t get to comment on today’s weather report.
So, here we are in 2024 and Hell seems to have a distinctly brisk chill in the air today. Some Vets think this is extremely greedy of me to do this. Could I afford it out of pocket? Of course but why should I? I am one of those lucky 2,700 souls who qualified. If they’re handing out free greenhouses, I’d be a fool not to throw my hat in the ring. I’m not stealing an entitlement from another deserving Vet as I was accused of at my first hearing in July ’23. There is no monetary limit to an ILP award. Congress appropriates the money to award to the Vets. If it doesn’t get used, I’m sure they appropriate it right back at VA for more important things like bonuses and Christmas office parties.
What really intrigues me is that those 2,700 (or even 2,750 now) Veterans chasing this chimera have now sunk to a lowly 526 souls last year. When Vets discovered there weren’t going to be any more ILP freebees beyond grab bars, the enthusiasm kinda died down. And this, fellow Veterans, is why I fought for it. Now you and everyone of us who have borne the battle can file a request for a fishing boat or a metal detector … or… a greenhouse and point to me as an example of why you, Johnny Vet, are equally entitled to this largesse. VR&E bozos can’t very well explain this away as some entitlement that exists in your fevered imagination.
What I cannot comprehend, and perhaps never will, is how VA could fight me and incur ungodly litigation costs for thirteen years and change trying to defend the indefensible. Two BVA decisions. Three BVA hearings. Three Extraordinary Writs of Mandamus and now… defeat. I’d guesstimate, at a conservative minimum, that they’ve squandered well over one million dollars attempting to put the VR&E Pandora back in her box to no avail. It set me back a buck fifty for filing fees up at the CAVC. Well, maybe more for the two round trips back to DC and hotel rooms to argue it in person. But then I get to motor on over to ANC and say hi to Dad or Uber down to the wall to say hi to Bob, Chuck, Fred, and Park. That’s chump change compared to the expected $200 K + they’re going to spend complying with the Board. It also sets a new world record in the Delay, Deny until you Die competition for how long it takes to win a VR&E claim. Bruce Almighty held the bragging rights to that up until today. Eat your heart out, bubba.
Check it out. Here’s your ticket to a VR&E greenhouse. Free. You will have to obtain an IMO explaining why you need one though. Call Bethanie over at Valor4Vet.com
So, at some time in the far distant future, some ol’ boy wetting his 6 lb. test with a VR&E-awarded Garcia spinning rod with a Mitchell 500 reel and a Mepps #2 will thank me for not pissing on the VR&E fire and calling in the dogs when he ties on a smallmouth bass. I don’t care if he doesn’t recall my name. I’m not a parade kind of guy anyway. I just don’t cotton to that VA bait and switch shit. Our squadron motto in 1970 up north in the country that rhymed with Mouse was unequivocal-Win or Die. I see no reason to commence doing otherwise this late in my life.
And that’s all I’m gonna say about that.
Cupcake and I went out to dinner the other evening because our home is in such disarray. We decided to revamp the kitchen after almost twenty years of abuse. New countertops and avante-gard counter outlets were definitely in order. Granite is beautiful but some of the newer composite products are far more elegant nowadays. Or so Cupcake insists. I’m told my taste is mostly in my mouth and will probably remain there for the rest of my natural born life. I’ll buy that. Existing on c rations for two years is living proof of that truth.
With this kitchen do over came a critical examination of the color of the adjacent 5,000 square feet of paint. Married men, Veterans or not, can see where this was heading sans compass and map. To paraphrase the old Eagles tune, she’s headed for the remodel side of town.
At some point over dinner, Sig. other #2 asked in passing how much VA remunerates us for spousal dependency. That’s rather a misnomer. I think I’m dependent on her for most everything-including VA litigation. She owns and operates a thriving Real Estate company replete with a bunch of Agents and the income from it dwarfs my paltry monthly SMC S. And boy howdy does the cost of this remodel dwarf it, too.
So, I apprised her of the most recent amount I recalled off the cuff. The whole restaurant became quiet until her uncontrollable paroxysms of laughter subsided. About this time, I simultaneously realized we (male Vets who have successfully completed and filed a VAF 21-686(c)) are getting screwed. Hold on to your Alice packs and canteens, pilgrims. This is far uglier than any of us realized. Assuming arguendo that you are 100% or TDIU, your cupcake’s pittance is $208.40 per month. Subtracted from my actual monthly amount for SMC S means I – Grambo who hath borne the battle- get $4,183.85 per month versus her paltry two yards and chump change. VA calls this my Corvette allowance with a straight face. What in Sam Hill do they call her allowance?
Without delving too deeply into this obvious disparity, I’d ask my male readership how you can support any woman (even post-menopausal) on such a minuscule sum. It must be another one of those anomalies of VA math. Shucks. Maybe they use those car mirrors that say “Objects in mirror appear larger than reality.” But that’s not the end of the matter.
Imagine a disabled Vet just starting down the path to service connection these days. Most are lucky just to get over the initial hump of the 30% roadblock to even get the marriage benefit. Hold on to your brain buckets, gentlemen. It’s a whopping $62 even per month. You can’t feed your dog for that much each month. If you want her to look better than your dog and sport a wrinkle-free forehead with plump, full lips, the Botox bill alone is going to flatass inhale that remaining $536.31 and then some. Throw in some finger nail polish with a side of Victoria’s Secret and you can said Sayonara to that Man Cave you were contemplating.
So who’s in charge of figuring this magic dependency remuneration out? What bean counter down at the corner of Delay Ave. NW and NW Deny St. concocted this farce? Ostensibly, if you bothered to read §4.25(a) and managed to decipher the mathematical formula of deducting for the purported residual “efficiency” remaining of your disability(ies), you’d still be in a quandary as to how you-Johnny Johnny Pumpkin eater (with no deductions whatsoever) could possibly hope to keep Jane well- pumpkin shell or no pumpkin shell.
Should you wish to expand on this pumpkin shell argument, imagine how our 100% disabled, married with kids vegetarian Pumpkin eater can possibly feed, clothe and provide folding money for his horde of unappreciative rug rats at $152.62 per each. But wait. Because VA believes there is built-in economy of numbers, each additional child will only net him an additional $103.55. Based on this pie-in-the-sky VA economics model, Johnny’s gonna have to supersize these magical pumpkin shells for his brood. Either that or he’s gonna have to sign up for the Dave Del Dotto Cashflow System.
What concerns me is the blatant sexism afoot here. How can the cost to support a male child even begin to compare to that of a female child? Shouldn’t this be a two-tiered system? Or, if you wish to extrapolate further, how could this pittance even touch the costs for a gender-dysphoric child? Autistic? Severely disabled at birth? Need I expound further?
I’m not going to ‘poke the bear’ and explore Cupcake’s walk-in closet again. Been there. Done that (once). It didn’t turn out well. I’d venture a guess that Imelda Marcos’ legendary shoe collection doesn’t hold a candle to Cupcake’s. As for the rest of her ensembles, $208.40 per month wouldn’t make it past about 2.3 coat hangers. It turns out that you can’t be a real estate broker and sell houses unless you look successful. Apparently, that also entails smelling good-hence the need for Arpege. Gosh. Whatever happened to Patchouli oil and the bra-burning craze?
Suffice it to say, owning and operating a spouse-let alone kids- is far more expensive than VA ever imagined. Adding children to the mix only guarantees poverty that much sooner. And woe betideth Vets who have the misfortune to have kids at Columbia or Yale. At the $80 K per year it’s purported to cost to educate them on the long, complicated history of the Jews and the Palestinians, I don’t think Chapter 35 DEA benefits would even begin to touch the interest on it.
In closing, my only observation that makes sense is getting all of you SMC at the R2/T rate at a bare minimum. But even then, that can be dicey unless your wife is a Broker. The repair order is to contact your Congressman or Senator and call them out on the disparity of salaries. The only difference between them and us 100% disabled Vets is how much they feel Veterans deserve for their service. Apparently, being paralyzed from the neck up is far more disabling-even if you can still work. It’s called sheltered employment in DC.
In closing, I want to wish all of you a very happy 49th anniversary of Cinco de Siete this year. Get ready to break out the Yellow ribbons. Next year is the Big 50. I can’t wait for the big Welcome Home parades. And that’s all I’m gonna say about that.
asknod
Bethanie Spangenberg
kcraveiro
robinhoodesqvetsatty
Wesley McCauley
Veterans Claims Help 