BVA–TRYING TO POKE A HOLE IN LOD/WILLFUL MISCONDUCT

VeteransAdministration.12755109_stdVA loves to try to rescind, revoke or otherwise contradict a finding of LOD such that it can invoke the willful misconduct etiology on drug use. Here’s a classic example of Uncle Victor’s munchkins huffing and puffing and trying like the Devil to blow down a Veteran’s clear finding of LOD. 

While we do not condone the use of the White Lady via the nostrils-or any other way-we do consider the military’s findings of the character of the Veteran’s service to be probative. Who else but his superiors can give credible, contemporary testimony as to his bona fides? More appropriately, shouldn’t this be far more probative than a stale review and a reversal of the  LOD findings decades later?

downloadWe are not all angels when we’re young. We experiment. Being in the military has increased stress and responsibilities. Poor life decisions are not always the reason for disease. Contrary to VA belief, one black mark should not a life rend asunder. And hey, while we’re at it, let’s give a big cheer to the DAV for bringing in a win. Somehow I suspect Johnny Vet carried his own water on this one but accidents happen and sometimes VSOs help.

Posted in BvA HCV decisions, LOD and willful misconduct, Medical News, Tips and Tricks, VSOs | Tagged , , , , , , , , , , , , , , , , , , , , | 6 Comments

BVA–ETOH ≠ HCV… BUT JETGUNS DO

635646931319099161-veterans-administration-logoA great jetgun win and one nexus letter was from none other than the Vet’s VA PCP. Of course, it did take a second letter from a civilian medical “expert” to seal the deal. Being a Vet, you have to understand that anything you say is a lie and you just want VA Welfare. I was not shocked to see someone couldn’t resist throwing the IV drug abuse and ETOH hand grenade into the c-file.

Ken Lavan

Ken LaVan

Kenneth Lavan was the able attorney on this one and wisely went out and fetched another IMO from a Registered Nurse. It works every time. Most importantly, it works like this at the BVA. The VA shoots you down at the RO and you appeal. When you submit that second IMO, VA rarely comes back with a second IME themselves. If Johnny Vet here had an earlier effective date of 1970 and this was CUE, rest assured VA would fight him to the death for it.

I never got the ETOH connection to HCV. Do you get extremely trashed or hammered and fall down in a bar in a pool of HCV-tainted blood? How about you become rude and obnoxious at a bar and irritate the pants off some patron with HCV. He punches your front teeth out in a fist fight and blood from his cut knuckles gets in your mouth and commingles with yours? Your bartender cuts his hand on a broken glass and serves a short ton of drinks with his blood in them? Perhaps we should defer to medical specialists to enlighten us. I’d like to see the VA medical manual that explains HCV= ETOH or vice versa. How come all the civilian medical prognosticators rule out ETOH as a risk factor?  How about that nagging question of why there is never any evidence of HCV in a Veterans’ STRs in 1970? All these queshuns…

P.S. Here’s another. Same MO- no salient risk factors except for Mr. Jetgun. Please note that these are wins using attorneys-not VSOs.

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VA GOING TITLE 38 ON SES?

I swear by Red Bull

Kimberly “Red Bull” Graves

In a surprise announcement today, VA admitted the inmates have overtaken the asylum and now roam the hallowed halls of the Minneapolis and Philadelphia ROs. I assume they are referring to Diana and Kimberly’s adventures in triple dipping the VA system.  Regardless the reason, it’s apparent that you would have to bring your AR-15 shorty to work and off about 27 employees- at least one more than Sandy Hook- to provoke the dreaded “You’re fired, dude.” Really. I’m not kidding. The SES at the VA have carved out a special place in 5 USC to make their bed in. Considering we, as Veterans, cannot avail ourselves of this lovely Statute judicially, I find it incongruous how they continue to dodge the bullet, frankly.

I think what makes it harder is for Secretary Bob to have to come out and explain it to the reporters with a straight face.

Secretary Bob

” Look, guys. I fired them. I did. I sent them to, like, Thule friggin’ Greenland and they’re back. They’re like a bad penny. I’m sorry. But hey. It’s not my fault. Those Congressional chowderheads make the rules on this. If you give me the authority, I can fix it. What we have now is unworkable as I guess you can see.”

Here’s the whole story. It’s a sad week when the organization that was set up to administer to Veterans admits that a) their adjudication methods are defective, unworkable and require a major overhaul; b) said overhaul contract has already been let for $23 million and c) the hierarchy has no control over hiring, firing or discipline against it’s most highly paid employees but seeks same.

I guess I don’t have to explain what VA’s SES gomers think about this change of plans.

stress

 

Posted in KP Veterans, vA news, Veterans Law | Tagged , , , , , , , , , , , , , , , , | 8 Comments

Live hadit show data…

Chronic kidney disease link.

https://www.law.cornell.edu/cfr/text/38/4.115b

3288 form for c-file http://www.va.gov/vaforms/form_detail.asp?FormNo=3288

M 21 1MR -the VA Manual of Adjudications is actually a computer program, not a paper manual to refer to.

http://www.benefits.va.gov/warms/M21_1MR.asp

 

Posted in Uncategorized | 1 Comment

HADIT.COM’S BLOGTALK RADIO THURSDAY

haditlogo2007Jerrel Cook has invited me on for Thursday’s Veteran to Veteran discussion. We’ll be talking about the M 21 1MR Adjudications Manual and it’s growing inflexibility. John Basser will, of course, be on hand as well. We hope you all drop in if you have a difficult question about it.

Showtime on the Least Coast is 1400 Hrs Local and 1100 Hrs (L) on the West Coast . For all of you in San Lisindro, California that means if you’re holding a map of the the US  in both hands, the west coast is closer to your left hand.

THE CALL IN NUMBER IS STILL

ss-call-me

347-237-4819

Press the numbah 1 (one) to talk to the crew. If anyone inadvertently gets bumped as last week, please take it as a sign that the producers make errors-not as a personal affront to the one inadvertently dropped. Please call back and we’ll reseat you in the audience. Agenda? We don’t have no stinkin’ agenda.

We’ll discuss how VA gives you 10% using the M21:

10%

And to that burning question men have known for years  but could not vocalize,

12715627_757854761018491_2918999012243572573_n

If we don’t have the answer at asknod, we’ll gladly look it up for you. A warm thank you to Cousin Denise, Sam and Pop Smoke for their diligence in research for me, too.

Here were some of the links to the radio show.

Chronic kidney disease link.

https://www.law.cornell.edu/cfr/text/38/4.115b

3288 form for c-file http://www.va.gov/vaforms/form_detail.asp?FormNo=3288

M 21 1MR -the VA Manual of Adjudications is actually a computer program, not a paper manual to refer to.

http://www.benefits.va.gov/warms/M21_1MR.asp

 

 

 

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VETERANS BENEFITS ADMIN CALLS IN ORDNANCE ON POSITION

VeteransAdministration.12755109_stdIn the last decade, I have been fascinated by just how long it takes to have your number called in VA Poker. In the pre-VBMS days of 1989, it took from July to October to get the shiny onion skin denial. I had a BVA denial in my hot little hands by March 15, 1992. In 1994, it took from April Fool’s to November 7th to get my lovely blue sheet and thirty more days to get the SOC on January 7th, 1995. Things moved right along back then. All-paper c-files. Manual readout of the M 21 in paper as well. Who could improve on a system like that?

I had even theorized, as I did on a “fully developed Appeal” at the BVA, that eventually, VA would sink up to its axles someday in paper or gigabytes of information.  At that time, and not a moment before, they would finally call in outside support. Remember, they couldn’t even integrate a common computer system with the Dept. of Defense to smooth the transition from military service to Veteran status. All these years their in-house IT gurus kept regurgitating bandaids and fixes to XP to keep it alive twenty years longer. They succeeded. Unfortunately, everyone knows the back door in by now and can enter and “remodel history” as they did when they were caught in flagrante delicto in Gene Groves VACOLS files down in DC. Getting into VISTA at VA is childsplay for a good hacker now.

downloadVA’s newer computer systems carry forward the same myopic need vs. size misconception like looking through a pair of binoculars backwards. Bandwidth is the name of the game these days and VA prefers to use two wires and Morse code. One of the primary reasons VBMS isn’t catching air and making claims as fast as a speeding bullet is that all-critical response time. Now throw in about four more computer systems, all antiques like CAPRI, and hum Jeopardy Music. I swear the 1990s “dial-up” internet connections of old were faster.

My Daddy (and probably quite a few others) used to say “To a hammer, everything looks like a nail.” If you or I were stuck in an electronic jungle of antique programming, we’d motor on down to Office Depot and have some snot-nosed pimple popper sell it all to us. We’d smartly get the number for tech service to the tech weenies. If you’re VA, ostensibly you’d put in a call to 3M or Xerox and say “What’s the best way? Better yet,  how much would it cost for you to build it?” Bids would go out. Promises would be made and gifts would be exchanged in Vegas. In the twinkling of an eye, a robust, viable VBMS would have emerged that could digest even my 10,078 pages (and counting) of c-file in a gigasecond. Room for add ons would be like a empty gymnasium instead of a walk-in closet. But we’re talking VA here- as in “Obfuscate endlessly until the truth can no longer be denied and then ask for more money to fix it (again).”

VBMSApparently, Secretary Bob was finally apprised that not only was VA not going to be able to fire their way to excellence, but that VBA  was never ever going to hire their way to mediocrity either. After USB Allison Hickey’s failed deadline lo these 40 days past, the defecation has finally contacted the rotary oscillator. The in-house IT gurus, ably led by former Maj. Gen. (ret) Robbie Worley, are finally texting each other- #VASESLIVESMATTER. No more bandaids. No more patches. No more fixes. No more M 21 1MR Amended (improved as of Feb. 2016) computer guides to lead you a denial. Shit or Get Off the Pot Day finally arrived and the boys were found constipated with poor solutions.

JIM DANDY TO THE RESCUE

CSRASo what should my wondering eyes come across on some backwater right wing conspiracy site? Yessiree, Bob. Secretary Bob is letting the contract out for a new “improved”  VBMS because VA’s ain’t working folks. Using the new VBMS toilet plunger at the VAROs to push DBQs and FDCs along at lightspeed has now simply resulted in a call to Roto-Rooter® to take it from there.

Here’s the article on it. If it was any more sparse, we’d need an electron microscope to view it. I’ve never heard of CSRA let alone SRA International  but apparently the Government has. Makes you wonder who made the call. What’s even more interesting is how much did it cost in wasted man hours and stupidity/micromanagement to realize they were in over their heads?

SRA International will inevitably repair the system.  Look for a new, improved VBMS to deny even more efficiently and in less time than before. Expect a spate of new VBMS-oriented forms to emerge in mass quantities. Failure to use the correct one will result in rejection of the form until it is filled out and entered correctly. DBQs will be constructed for every disease/injury known to man. Vets will have to hire Sherpas to find their way. Nonadversarial will be the banner logo.

From the news blurb

SRA staffers in Kentucky and Georgia will work to convert the benefits claims into digital content and help mail handler services upload the huge volumes of files into the Department of Veterans Affairs’ benefit management system.

Shooo doggies. This is going to be a fun show. VA’s been remodeling since 2009. Wonder what kind of aces these fellers have up their sleeves?

Posted in Gulf War Issues, KP Veterans, M-21 info, Medical News, Nexus Information, VA Medical Mysteries Explained, vA news, vARO Decisions, VARO Misfeasance, VBMS Tricks | Tagged , , , , , , , , , , , , , , , , , | 7 Comments

VA SMC (t)– YOU’VE LOST THAT GIVING FEELING

imagesThe other day I read a front page story written by Tacoma News Tribune military writer Adam Ashton. The article is superb in what it conveys but lacks the linkage the two Veterans’ wives were so desperately looking for. Both of them had lost their tax-free $1275.00 a month  Personal Caregiver Stipend or what is also called the post 9/11/2001 PCAFC caregiver rate. They were tearing out their hair looking for the link staring them right in their faces.

The PCAFC is twofold. It also allows entry into special help from VA Medical Centers. I suppose that has a dollar value but how much is immaterial to this discussion. What is of import is the frank admission by both of the women that their husbands now had jobs. 

A caregiver is one who provides nurture, daily household chores, shopping and the like for someone with horrific agoraphobia or avoidance issues. These Vets are only comfortable in their own home environment and rightfully so. It’s like a gigantic woobie blanket on acreage. If your neighbors aren’t close , you feel more protected in Fort Livingroom. The key word here is “at home”.

But, on the other hand, if the spousal unit, be it a he or a she, who is the caregivee-i.e. recipient of the caregiver’s services- departs Fort Livingroom and takes a job as a medical technician or library clerk, then the doctors of psychiatry and neurology may get the misguided impression that these Veterans are slowly beginning to meld and reintegrate with society again. It may be due to all those mind-bending medications or it may be all those Kumbaya group therapy hug sessions paid off. That, too, is immaterial. At the VA, they are results-driven. Whatever works to improve the Christmas bonus payment is the order of the day.

Now we have two financially disenfranchised caregivers who are at a loss to decypher this conundrum. Mr. Ashton did them a disservice by not pointing out the obvious. I note this phrase which I was not aware of regarding PCAFC:

From the beginning, the money was not intended to be a permanent benefit and the program’s creation stipulated that the VA occasionally would reassess patients.

Naturally, VA always is always busy reassessing our disabilities. We are also allowed to be covered by 38 CFR §3.344 and its five year codicil. Being a sporting man, I’d give fair odds that the VA schedules a re-evaluation of the medical necessity for a caregiver just about every 4 years and a few months max in order to avoid conferring permanence on the PCAFC rating.

PCAFC GROWING LIKE OCTOMOM

I note Mr. Ashton cites statistics showing this program is growing like Octomom. That disturbs me. Certainly, I have no objection to the whole concept of caregivers, regardless of the age-discrimination clause that fences out any Veteran before 2001. Where I feel the misery begins is that the VA never communicates this lack of permanence to the recipients. Often, we grow dependent on the extra payments and this causes great hardship on Veterans when a third of a monthly payment suddenly evaporates. I base this on the $1,275.00 added on to a normal 100% at $3,017.00 a month. A Vet with two kids to feed could end up on food stamps with this severe a cutback-or worse. If they are given no warning in advance, they cannot plan for the future.

Whether the qualifying Veteran returning to the workforce increases the income above the lost compensation payment was not discussed. Naturally, if employment negated the loss or even increased household income above the stipend, the lost income from the VA would become a moot point. Nowhere was this discussed. Sadly, this article seems to revolve around two Veterans’ spouses who now face the prospect of going back to work themselves as opposed to taking care of their husbands at home. I don’t envy them a bit.

This story seems to strike an odd chord with Vets I talk to. Why provide a stipend for this if the compensation is temporary at best? Why not grant it on a fixed time grant and ask for recertification annually? Biyearly? In other words, why clothesline a Vet after three or four years of the caregiver payment right out of the blue- assuming he didn’t know that all the exhortations from the VA Psychiatric Peanut gallery shouting “Yes you can!” should include”until you get a job.”

PCAFC = TDIU on Steroids

This is just like TDIU on steroids. You get 100% PLUS this valuable gift inside with the candy called PCAFC. You can go live in the country and cut down all your trees. You can be fit as a fiddle physically and just be uncomfortable around folks. I get that. I’ve been there and still am uncomfortable being in a large crowd.  I cut down most all my trees, too. Doesn’t everyone? I’m not some treehugger. Hell, trees are big money around here in my Bugtussle town. Mostly, it gives you a deeper field of view for shooting.

The problem arises just as it does on TDIU. If you exhibit the ability suddenly to make money working, then there has to be some VA quid pro quo. It’s like being on Social Security. If you start making money, you are no longer retired. If you make too much, they come and take some of what they pay you away. Why on earth this needs to be explained is unimportant. The financial shock wave that occurs is often sudden and traumatic.

But wait, here comes that valuable teaching moment… Avoid even volunteering for the Food bank. Now you know how to keep your caregiver stipend. Raise chickens and sell organic eggs. Get goats and sell goat’s milk. Buy a steer every spring and tie a rubber band around his winky plumbing. In 12 months you have prime rib for sale and to eat. Cool beans, huh?

download

Posted in Reductions in rating, SMC, Tips and Tricks, VA Medical Mysteries Explained, vA news, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , , , | 1 Comment

VA ART IMITATES VA HUMOR 9 MONTHS LATER

VA ringknocker

VA ringknocker

It’s not often when Veterans humor, driven by long waits and endless appeals, drives us to hypothesize on what (or how) a possible “rocket docket ” appeals system might coalesce in the minds of the Grand Poobahs. Veterans of all stripes, as we all too painfully know now, have once again been asked to move to the back of the New bus. Those three year adjudications at the Regional Offices now seem like lightspeed next to the new and improved VBMS BVA appeals system which somebody forgot to order. This unexpected phenomenon is the face of “the recent reinvention of how we do claims at the New VA”.

Notice the date/time stamp on my humor was April 22, 2015- over nine months previous. “Imitation is the sincerest form of flattery imaginable.” my mother once said. “Let them entertain the idea they birthed it. We know differently.” Simple as that.

In order to eliminate the backlog for certification and appeal permanently, however, Ms. Eskinazi proposes the new Fully Developed Appeal or FDA for short. FDAs can also be decided within 125 days with 98% accuracy as soon as the VBA can run it up the flagpole in the Federal Register. VA will propose that Veterans, through their VSOs, summarize, in 300 words or less, why they think they should prevail. Their lay testimony will be accepted without regard to credibility, they are free to opine medically on their symptoms and in all cases the benefit of the doubt will be employed assiduously as it always has in the past. Since most Veterans and their representatives are functionally illiterate, most will not need all three hundred words to communicate their desires. In fact, few, if any VSOs, will actually see any change in the process except for the accelerated time to a decision. This is a win-win for all.

Nine months ago that was tongue-in-cheek humor but trust your VA to cut the Gordian Knot of interminable delay. This is something everyone can get behind, right? It’s like a Veterans Charity. All the money goes to the Vets, right? Here, we have a problem and the solution is simple. Let the Vet have his say, regardless of how outlandish the story and keep it simple stupid for everyone. File a Notice of Disagreement at the BVA, maybe get a BVA video hearing to make it look like a genuine dog and pony show, 125 Days. 98% accuracy. Bring in the guys with the funny hats from the VSOs.  What could possible go wrong? Nonadversarial. Veteran-friendly. Benefit of the doubt. It’s like a full-meal-deal piping hot in just minutes at the drive thru window. Everyone gets closure, right?

HOW WOULD THEY DO THAT?

VLJ signature stamp

VLJ signature stamp

Well, gee I don’t reckon there’s a big problem if you get a couple of them signature stamps so’s the staff attorneys and the judges can all be stamping denials at the same time. Anyone can see this little efficiency alone could cut months or even years off the delay. If you could teach them to insert the paper and mail the Big Brown Envelope, or BBE as we Vets know it, there’d be another month or more. Kinda reminds me of Homer Simpson’s monkey Mojo. You could teach him anything.

I guess the boundary where dismay turns to ironic humor is where you find it. We’ve been insulted, guaranteed relief down to the year, promised three-month decisions with almost flawless accuracy, and none of these pipe dreams have come to fruition. In fact, the same exact system which presently is denying 85% of claims eerily resembles the same pre-2014 15-month wait for the very same 85% denial statistic.  Develop to Deny is the wormdrive gear of the VBMS.  The old one to two-year process with in-depth VA hands-on duty to assist in obtaining evidence is gone. Vets are instructed to obtain it all themselves for the Fully Developed Claim or FDC. Disability Benefits Questionnaires are crunched down to a “yes” or “no” where a “because” or “due to” is needed. And lastly, the most egregious. VSOs are letting the VA make the nexus link and failing to inform the Veteran of the need for a truly independent one.

Telegraph that from the Regional Office level as a confirmed  denial and send it up to the new, improved VBMS  BVA site. With no further development (read IMO), a new denial is inevitable and fully expected by VA. Bingo. No more backlog. Except….

downloadAgain, Occam’s Razor posits the simplest explanation is invariably the correct one. Given the proclivity of Veterans to appeal to the BVA currently, what could possibly dissuade them from going on to the Court of Veterans Appeals? Outside those hallowed gates at 625 Native American Avenue NW are members of the storied National Veterans Legal Services Program (NVLSP). These Law dogs are just standing around waiting for you to ask them to represent you absolutely free. How long do you think that knowledge is is going to go unnoticed?

Last year, the CAVC’s caseload expanded yet again.  Last month and again several days ago, the CAVC recalled two of their retired judges to deal with the tsunami of claims arriving daily. The volume of Extraordinary Writs is continuing right through the roof. 4,888 claims arrived in all of 2015. One of them, #15-112 was mine. Using the monthly volume already for January 2016, as of tonight, 400 cases are already docketed at the CAVC. I’d guess in reality there are 25-30 more awaiting their anointment with a number as we speak. Multiply that times 12 and you get into a skinny 5,000. I don’t see how Moorman and Greene are going to be enough. That’s eleven judges total.

All Veterans really want or strive for is to gain what they bargained and signed for on Induction Day  [__/__/____.]

Posted in BvA Decisions, Humor, vA news, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

HADIT RADIO SHOW THIS PM AT 1800 HRS (L) EASTERN

haditlogo2007A great show is planned on Waiver of Review in the First Instance of new and material evidence submitted at the Board of Appeals level. You do not want to miss this one. Technique is everything nowadays and the latest tricks are helpful during this period of excessive backlog. Currently, the BVA has 444,000 appeals in the queue that they are willing to admit to. I suspect the number, were it to include all the appeals in a holding pattern at VAROs, would easily exceed twice that number.

Please join Jerrel, JBasser and myself this evening for a new show heavy on technique an full of the usual humor.

The call in number remains

347-237-4819

Please dial one (#1) if you wish to talk to us.

We’ll also be discussing the new documents and the need to use the latest with the little boxes on them. VBMS is getting mighty picky about how they record the data. If you send the older versions in, you get the leper treatment and six months later it comes back requesting you submit on the new forms.

Capture22

 

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States that have sent presidents to the White House

Which of our 50 states have actually sent people to the White House? Wikipedia lists and maps present birthplace and primary state affiliations of former presidents.  Can we make any quick predictions based on the birthplaces (not where raised) and primary state affiliations of the current leading candidates?  Sure, why not?

 USA_states_presidents_birthUS_Presidents_by_state_of_primary_affiliation

The best birthplace states are Virginia and Ohio followed by Massachusetts and New York. Tiny Vermont boasts two native-born presidents: Chester A. Arthur and Calvin Coolidge although both were affiliated with different neighboring states (New York and Massachusetts) and were Vice-Presidents first. Surprise (!) presidents, so to speak. (Texas and North Carolina also have two presidents each.)

Primary affiliations are somewhat different.  Let’s assign some numbers now.

Trump has never held an elected office and he’s financing his own campaign.  But he’s affiliated with the New York primary this year so he gets 6 points and 4 points for birthplace (like Van Buren, Fillmore, Roosevelt and Roosevelt).

Sanders also gets 4 points for being born in New York and 2 points for being affiliated with Vermont for 6 points.

Hillary Clinton was born in Chicago, Illinois.  That gives her 1 point (Reagan).   She moved to New York and was a U.S. senator, so add 6 points.

Ted Cruz was born in Canada.  No points.  The legality of his bid is being challenged.  But he gets 3 points for his Texas affiliation (L. B. Johnson (D), Bush and Bush).

Marco Rubio was born in Florida so zero points; a U. S. Senator for Florida gives him zero points.

New York City consists of five boroughs, (Brooklyn, Manhattan, Queens, Staten Island, and the Bronx) and is also the birthplace of Theodore Roosevelt (Manhattan).  Sanders was born in Brooklyn and Trump in Queens.  Even though NYC is a mega city, I think Sanders and Trump should get an extra point for sharing a birth city with Roosevelt.

Keeping it very simple, Trump gets 8 points.   Sanders gets 7  points.  Clinton gets 7 points. Cruz gets 3 points–if he’s legal.  Rubio gets zero points.

So if historical patterns prevail, right now, based on birthplaces and primary affiliations alone, either Trump or Sanders, two natives of New York City, and independents, may face off after all the primaries are over and done.  Or Trump could tackle the Clinton family.

Pundits R US?  Nah.  Anything can happen.  But history is interesting.

Posted in General Messages, Guest authors, Humor, Uncategorized | Tagged , | 2 Comments