POST-CONFERENCE ATTORNEY JOKES

I received these gems from-who else- Silver Starred Ed the LRRP (pronounced Lurp). He knew I was in DC at the legal conferences and delved deeply into attorney humor to find them. Keep in mind, they are actual (I swear) in haec verba, right from the transcripts of the Court reporters. I don’t think I could keep a straight face and avoid spraying snot out of my nose trying to suppress uncontrollable laughter. Now keep in mind I’m not making fun of attorneys. I have many, many as friends so I don’t want to throw shade on them as a class of human beings… but read on.

First off, you gotta know every attorney I know, and every Agent too, would never put a client on the stand unless we knew what their answers were well beforehand. But some J.D.s may have slept through Witness 301…

ATTORNEY: What gear were you in at the moment of the impact?

WITNESS: Gucci sweats and Reeboks.

ATTORNEY: Are you sexually active?

WITNESS: No, I just lie there.

ATTORNEY: What is your date of birth?

WITNESS: July 18th.

ATTORNEY: What year?

WITNESS: Every year.

ATTORNEY: How old is your son, the one living with you?

WITNESS: Thirty-eight or thirty-five, I can’t remember which

ATTORNEY: How long has he lived with you?

WITNESS: Forty-five years.

ATTORNEY: ALL of your responses MUST be oral, OK? What school did you attend?

WITNESS: Oral.

ATTORNEY: Is your appearance here this morning pursuant to a deposition notice which I sent to your attorney?

WITNESS: No, this is how I dress when I go to work.

But now, let’s look at attorneys themselves-not their clients. Unlike us- the great unwashed Agents, they have 4 years of college and 3 or law school under their belts. Perish the thought of any of these below practicing VA law…

ATTORNEY: Now doctor, isn’t it true that when a person dies in his sleep, he doesn’t know about it until the very next morning?

WITNESS: Did you actually pass the bar exam?

ATTORNEY: The youngest son, the 20-year-old, how old is he?

WITNESS: He’s 20. Very close to your IQ.

ATTORNEY: Were you present when your picture was taken?

WITNESS: Are you shitting me?

ATTORNEY: So the date of conception (of the baby) was August 8th?

WITNESS: Yes.

ATTORNEY: And what were you doing at that time?

WITNESS: Getting laid.

ATTORNEY: She had three children, right?

WITNESS: Yes.

ATTORNEY: How many were boys?

WITNESS: None.

ATTORNEY: Were there any girls?

WITNESS: Your Honor, I need a different attorney. Can I get a new attorney?

ATTORNEY: How was your first marriage terminated?

WITNESS: By death.

ATTORNEY: And by whose death was it terminated?

WITNESS: Take a guess.

ATTORNEY: Can you describe the individual?

WITNESS: He was about medium height and had a beard.

ATTORNEY: Was this a male or a female?

WITNESS: Unless the Circus was in town I’m going with male.

ATTORNEY: Do you recall the time that you examined the body?

WITNESS: The autopsy started around 8:30 PM.

ATTORNEY: And Mr. Denton was dead at the time?

WITNESS: If not, he was by the time I finished.

ATTORNEY: Doctor, how many of your autopsies have you performed on dead people?

WITNESS: All of them. The live ones put up too much of a fight.

ATTORNEY: Doctor, before you performed the autopsy, did you check for a pulse?

WITNESS: No.

ATTORNEY: Did you check for blood pressure?

WITNESS: No.

ATTORNEY: Did you check for breathing?

WITNESS: No.

ATTORNEY: So, then it is possible that the patient was alive when you began the autopsy?

WITNESS: No.

ATTORNEY: How can you be so sure, Doctor?

WITNESS: Because his brain was sitting on my desk in a jar.

ATTORNEY: I see, but could the patient have still been alive, nevertheless?

WITNESS: Yes, it is possible that he could have been alive and practicing law.

Thank you to all whom I met in DC who help Vets. From what I can see, it appears we have a tsunami of new folks getting into this field. Veterans are going to have more options to win big fights because there will be far more attorneys and agents out there trained to do it well.

Right. Spring Break is over. Back to work girls and boys. And yes, SMC Class #7 will convene Friday morning at 0900 sharp.

Posted in Humor, VA Representative Training, Veterans Law | Tagged , , , , , , , , , , | 1 Comment

NEW VA BUDGET MEANS NO GUN RESTRICTIONS

I must say this was long overdue. VA’s take was if you have mental issues then you have financial issues. If you have financial issues, well sheesh, you probably suffer from suicidal or homicidal ideation. Therefore, to protect you from yourself, VA takes away your right to be in charge of your finances on the off chance you might spend it all on drugs and liquor. And based on that, you probably shouldn’t have any guns around when you’re drunk and stoned. Right?

Unfortunately, this makes you defenseless if you experience a home invasion. It also grossly violates the law because only a real Judge could find you incompetent enough to warrant adjudging you insane. Being the VA, that doesn’t slow them down a bit. If you want them big VA comp. bucks Bubba, you gotta play VA poker by the rules-even if they violate your due process.

So, those eeeeeeevil, gun-loving republican idiots in Congress decided to create a big problem.  They said VA doesn’t get any more wampum until they get rid of that crazy gun rule. They insist on VA obeying the laws as Congress wrote them and take away VA’s power to disarm us. Shut the front door, huh?

So, don’t get me wrong. There are some-maybe quite a few- who walk the earth who probably shouldn’t be entrusted with firearms- both Veteran and non-Veteran. However, there’s a legal process already in place to ensure these souls are nurtured and prevented from access to weapons. Veterans are no different than their civilian counterparts. This isn’t Animal Farm where some pigs are more equal than other pigs. There can only be one legal standard of review. We were entrusted with not only guns when we served but some of the absolutely coolest explosives, grenades, machineguns and cannons known to man.

I remember one guy who might not qualify. Last name was Morfmann. He’d look you in the eye and say “You can tell it’s Mattel™.” Then he’d chug off about ten rounds out of his Pig and add the rejoinder- “It’s swell.”.” Now, granted he might be certifiable fifty years later but I’d still trust him with a gun.

Paraphrasing Martin Luther King, we should be judged not by the color of our uniforms, but by the content of our character. This was long overdue. I hope it passes. Veterans deserve better.

Here’s the article:

https://www.military.com/daily-news/2024/03/04/va-couldnt-report-vets-deemed-mentally-incompetent-gun-background-check-database-under-latest.html

Posted in VA Agents, vA news | Tagged , , , , , , , , , , | Leave a comment

Pilgrimage to Mecca DC

Once again it’s time to saddle up the 737 MAX, spread the prayer rug out and make obeisances to the East while chanting regulations from the NVLSP’s Veterans Benefits Manual™ (VBM). Twice yearly, the faithful are called to attend this ritual to ensure they have satisfied their religious need for continuing legal education (CLEs for short). Truthfully, you can get away with going once in every four conferences and still qualify for your CLEs but what the hey? This is a dynamite time to network with the big boys in the industry. Or, it’s the camaraderie of old friends who share your zest for helping Veterans. It’s rumored some come to learn law. 

Whichever way you view it, it’s almost a must for the FNGs with shiny new JDs. There they learn things you don’t find in books. I’d think it one hell of a disappointment to rack up seven years of college and law school only to graduate and find out VA law is like Greek to them. Worse, you can’t fix it with Babbel®.

This year we’re partying  booklearning at the Hanoi Hilton in DC. I did a google maps on restaurants within spitting distance… and promptly ran out of ‘virtual’ spit. Boy howdy is it a target -rich environment for food. That’s good. I was getting bored with the menu at  Hyatt’s Article One restaurant. The bar food  over at the Kimpton Hotel is to-die-for but this trip I wanted to stay in the place where they’re holding the gig.

Weirdly, the Hilton doesn’t have a restaurant for dinner. Go figure. They do have a credible lunch restaurant that seats about 30 with a bird’s-eye view of all the homeless across the street (just kidding). They do overpriced nitnoy bar hors d’ oeuvres out of a pseudo kitchen from about four to midnight.  The menu takes up one side of a plastic-encased card. The other side is one thousand varieties of Margaritas. Turnaround time from ordering to delivery is about 2.5  TNTs  (Tanqueray ‘n tonics). You can almost hear Tim Allen saying ‘Arruhhh’?

Wednesday Night’s Adventure in Good Dining

I decided to walk point this January when I went back for the second VA ILP Greenhouse hearing. The lobby concierge informed me they’re doing a heavy duty remodel to floors 3 through 7 (or was it 11?). That partially explains why I’m so familiar with the bar hors d’ oeuvres. Seriously, the Maryland crab cakes were almost invisible behind their forest of garnish. You’d also need about 6 servings to avoid anorexia. That or about 4 double margaritas to get you blind drunk so you don’t notice the size.

But hey. We’re not going for the chow per se. We come seeking knowledge. They do provide breakfast so we have that going for us. Maybe I should get one of those fashionable over-the -shoulder “man purses” that are all the rage now and stuff it with sweet rolls and fruit for later. No thanks. I’m not that desperate but I confess I’ve seen others do so. It must be one of those ‘attorney’ affectations.

The good news is my dad’s ensconced across the river a short distance away at ANC and the Wall is just a hop, skip and a jump down the street. How cool is that? I’d like to have a word with the joker who keeps stealing the 50¢ pieces I put on top of Dad’s headstone. How uncouth. Stealing from the dead.

 

Posted in CAVC Knowledge, CLE -Continuing Legal Education, The Vietnam Wall, VA Agents, vA news, VA Representative Training, Veterans Law | Tagged , , , , , , , , , , , | 4 Comments

Have VA treatment travel pay issues? You aren’t alone.

https://www.military.com/daily-news/2024/02/27/veteran-travel-reimbursement-headaches-prompt-va-pursue-new-options-claims-filing-processing.html

Patricia Kine writes an article for Military.Com on 02/27/2024 titled “Veteran Travel Reimbursement Headaches Prompt VA to Pursue New Options for Claims Filing, Processing”

Posted in Uncategorized | 3 Comments

EXPOSED VET RADIO SHOW– THURSDAY 2/29/24 @ 1900 HRS (E)

Roger that. 1900 hrs on the least coast… so 1600 on the left coast unless the big one hits and moves us out another time zone to the west (or east). John and Ray would like to discuss the insane anomaly of ILER/TERAing every Vet, including the dead ones, from Iwo Jima in 1944 to Jalalabad in 2019. This on top of the recent Procopio and the Blue Water Blizzard of squids out to 12 miles. 

In spite of all this delay, VA is still insisting it only takes 125 days from start to finish if only you’d do it right and make it a “fully developed” claim (FDC) and relieve them of all that work. Well, that and use the right form. There’s only two and we’re so stupid we always use the wrong one…until they discover they’re wrong and you did use the right one.

The Call in number is still the same , I’m told.

(515) 605-9764

 

If you wish to link in via the computer, here’s the device with which to do so.

https://www.blogtalkradio.com/jbasser/12317832/connect/06e03c771cdd8680878cad658f52eea5990b4d81

Virtual cocktails and Snyders™ Pretzel sticks will be served.

Entertainment is provided this afternoon by Ed the LURP from the 51st Co. out of Bien Hoa. (F troop).

Posted in Exposed Veteran Radio Show, VA Agents, VA BACKLOG | Tagged , , , , , , , , , | 1 Comment

MILESTONES– CHUCK ENGLE

Every year, about this time, I think back on the enigma of 1st Lieutenant Charles E. Engle (promoted posthumously to Captain). I’ve watched over the last fifteen years as the Bigwigs come back and review his file and award additional medals. Good deal. I expect they’re eventually going to hang a CMOH around his neck. Chuck qualified as a “Wild and crazy guy” up in the sky when he was still cutting air. 

Truth be told, I hadn’t thought about Chuck for 37 years until the summer of 2008 when I was fighting the last part of getting service connected for hepatitis C. Chuck was aware of a GSW I incurred over the fence up in the country that rhymed with Mouse in September ’70 so I was hoping to get a buddy letter from him to confirm it. Jez, you’d think the scar would be proof enough. But nooooooooo. The VA ratings crew asked me if anyone could vouch for me on it. Chuck immediately popped up in my mind-but how to find him?

Still missing the RVN Cross of Gallantry with Palm

I wasn’t too savvy on computers yet so I asked Cupcake to help me. She found him in about 3 minutes. Unfortunately, he was was on the Wall and no longer among us. The last time I saw him was December ’70 outside the Class VI store which just happened to be next to the O Club there at Udorn. I’d flown in for a cigarettes and booze run because we didn’t have those amenities up where we were at East Bumfork.  He was on crutches and had flown down on the Klong flight for them to debride and sew up his foot over at the 432nd Hospital. He’d caught a round through the bottom of the A/C recently and they’d taken him off Flight status until he could push the right rudder pedal without his crutch.

We shook hands,  said hi and bye and I headed back out the next day back to O/L Charlie (Tango Eleven) (up in the northwesterly part of Thailand). The fact that I never ran into him again wasn’t weird. Most folks who were sane did a one-year tour and bugged out back to the World. Six months was the max up at Alternate. I never expected to need to speak to him again. Sadly, he’d be dead in less than two months.

The information is sketchy but I believe he was ferrying an O 1 back to Udorn on February 22 from Alternate for maintenance and augered in somewhere in between. The AvGas we were using was always contaminated by the red clay silica which got stirred up on the flight line and revetments every time a propeller got near it. To counteract it, we had to operate our engines with a richer fuel mixture which made them run hot. It eventually clogged up the carburetor bowls requiring a cleanout and rebuild. We were lucky if we got more than 350 hours of run time before maintenance.

I did get a chance to fly back to Indiana for other business and made a side trip up to Winchester (where he’s buried) in 2015. It’s too bad he didn’t make it back. So, for whatever reason, his date of passing always comes up subconsciously on my radar every year. I’ll look down at the date when I’m doing something on the computer and notice it’s February 22…all over again. Fifty two years this time.

It’s said in Indian Country you will live forever as long as your name continues to be spoken. I’d hope that’s true. Chuck will continue to live in my mind in that sense until I bite the dust, too. I’m sure there are others who will also remember him as fondly as I do. He was definitely unforgettable as far as human beings go. What we’d call a ‘keeper’.

Posted in All about Veterans, From the footlocker, Milestones, The Vietnam Wall, Vietnam War history | Tagged , , , , , , , , , , , , | 4 Comments

CUE-ROBERTO’S LAST STAND–SYMPATHETICALLY READING YOUR PLEA

Regardless of anything you hear about Motions to Revise an old decision, also known as filing a CUE, remember one salient principle. While VA does not, and will not, entertain the benefit of the doubt (BOTD), they are required under law to engage in a sympathetic reading of your claim if you are Pro Se… or represented by a VSO or Agent like myself. Finally. A Catch 22 in a Vet’s favor for once.

One of the major benefits of being an Agent is I have no Juris Doctorate (JD) after my name. I don’t have an Esq(uire) after my name.  I also don’t have one of those ugly student loan debts that can never be repaid and retired because the interest rate metastasizes faster than cancer. I’ve never been to law school and have no college degrees. While I am admitted to practice at the Court of Appeals for Veterans Claims (CAVC) and have all the authority of an attorney, I still have to have a real attorney who is responsible for my shenanigans if I step on my necktie.

Pickles doing her RCA Victor Dog imitation

Because my practice is focused solely on those of you who are dying, or the spouses of the recently departed, my time available to practice at the Court has gradually become severely limited. Fortunately, I belong to an outfit that encompasses over a thousand of the very best attorneys in the land. Many actually choose to practice there (CAVC) and some are frequently successful. On the rare occasions when I lose a claim at the Board of Appeals (BVA), I resort to calling one of them and asking them to take the appeal on for me. Since I don’t take on unicorn or alien abduction claims, I usually am assured a taker.

There are approximately three million or more of you who are injured or disabled who seek representation before VA. Many use VSOs which are generally effective at the beginning levels of fighting VA. If you lose or end up with a Zeros for Heroes rating of 0%, it’s time to seek out professional help with legal training to win. With that said, it always amazes me how many of you choose to fight your own battle by learning this crazy system as I did back in 2008.

The term pro se means you are representing yourself but it encompasses far more legally. If you are represented by a National Service Officer (NSO), in the eyes of the law you are still pro se. Ditto if you use a VA Agent like me. The major difference is a NSO is not required to learn VA law. He only needs to know which VA form to submit and give you a very generalized idea of what you need to win. Some are extremely intelligent and go the extra mile to learn what it takes to win legally. Some do not. VA Agents are required to pass a very difficult examination to ensure they can provide you with legal services commensurate with those of a skilled VA attorney. But go figure. A VA attorney is not required to take the exam.

So how does this play out in the VA litigation arena? When I appeal a claim up to the BVA, I need extensive knowledge of what the Court has already declared as binding law. That requires far more than basic knowledge of which form to submit or which benefit to seek. My legal briefs are not pleas begging a Veterans Law Judge (VLJ) for the BOTD. I have to present an argument supported by all those Veterans who went before you and already walked point on the injury/disability. CUE is a bitch to win at any level- and way harder if you’re talking fifty years ago.

ROBERTO’S GREAT BIG CUE 

But… as a VA Agent with no JD, in order to win I have to talk like an attorney at hearings and write briefs that supports my client’s entitlement to the benefit. With all that said, let’s discuss this CUE. CUE is shorthand for Clear and Unmistakable Error. I’ve written many articles about CUE on my site. What I have never done is discuss the legal reason for a sympathetic reading of a CUE claim. Frankly, I figured it was out of bounds like BOTD. Don’t confuse it with BOTD. I think I stated Roberto’s CUE quite clearly.

Redacted CUE filed 1-15-2021

Buried in the sympathetic reading laws are their foundations below. Veterans are not trained in the art of litigation war. Few are attorneys themselves. Even worse, if they are, they are skilled in regular law- tax law, divorce, real estate, murder. After JD school, they still have to learn the intricacies of VA law. As a comparison, think of VA law as John Philips Souza military music compared to the civilian rock and roll of the Rolling Stones. Civil law doesn’t have can openers like CUE or the BOTD. How about the Presumption of Soundness at Entry to service?

Try this on for size:

VA has a duty to fully and sympathetically develop the Veteran’s claim to its optimum, which includes determining all potential claims raised by the evidence and applying all relevant laws and regulations. See Harris v. Shinseki, 704 F.3d 946, 948-49 (Fed. Cir. 2013); Szemraj v. Principi, 357 F.3d 1370, 1373 (Fed. Cir. 2004); Moody v. Principi, 360 F.3d 1306, 1310 (Fed. Cir. 2004); Roberson v. Principi, 251 F.3d 1378 (Fed. Cir. 2001).

Here’s one of my favorite phrases in my briefs:

Because appellant is proceeding pro se with an Agent, he is entitled to both a sympathetic reading of his informal brief and a liberal construction of his arguments. See Calma v. Brown, 9 Vet.App. 11,15 (1996); De Perez v. Derwinski, 2 Vet.App. 85, 86 (1992). Although aides from veterans’ service organizations provide invaluable assistance to claimants seeking to find their way through the labyrinthine corridors of the veterans’ adjudicatory system, they are “not generally trained or licensed in the practice of law.” Cook v. Brown, 68 F.3d 447, 451 (Fed.Cir.1995).

Cool beans, huh? The reason for this article is based on the above. My oldest client, in terms of how long I have been representing Vets, is Roberto. He, like me, came down with Hepatitis C and it dang near killed him. By the time they came out with the cure, it was too late. Roberto now has liver cancer and his days are numbered. After I won it, I promised him I would fight this to the bitter end and beyond for his wife-if he augers in before I win. And here we are nine years later. He’s hanging on by a thread with some of those “just a few more years” drugs like Nivolumab™. I hear they make you horribly nauseous so Roberto’s quite the Eleven Bravo Twenty on this for continuing to fog a mirror. He inspires me.

I made several passes (3) with different legal theories of CUE all the way to the Board for Roberto. Each was shot down. But by acting and sounding like an attorney, it caused all those VLJs to treat me like one. My bad. The legal standard of review was ignored and the denials were vicious. Even worse, I didn’t wave the ‘Comer v. Peake’ flag and demand that we get a sympathetic reading.

So, wanting the best for Roberto, off we went to the Court. Here’s Ken’s masterful offense below-some of which I’d never even considered. Check out the defective notice argument. The reason they wouldn’t “see” my argument was a gross failure to treat me (and Roberto) as a pair of village idiots who shouldn’t be allowed to play with matches.

Roberto’s Last Stand

Granted, Denis the Menace and his OGC cronies did a masterful job of  a smoke screen before the Court, but they didn’t even address the prong of CUE I was arguing-i.e., the statutory and regulatory provisions extant at the time were incorrectly applied. Roberto went in to the hospital on September 15, 1970-sixty two days after he separated on July 15, 1970. VA got his claim on September 18, at the earliest. As probably anyone in VA law knows, the date of claim if you come down with something in the first year after you part company and file is day following separation- or July 16, 1970- assuming, arguendo, it isn’t the clap. It’s also enshrined on many a VSO’s wall as the Golden One-Year Rule. His request for medical assistance generated a claims file number and an intent-to-file (ITF) claim. He completed his ITF claim exactly 365 days to the day later-well within the suspense date of September 26 (date of discharge from the San Juan VAMC hospital)by timely filing his 526. This isn’t rocket science unless you work at the BVA.

Roberto’s Last Stand II-the reply brief

As luck would have it, we drew Judge Greenberg. For any of you who do this for a living know, we got the cat’s pajamas. Judge Greenberg ‘s feelings about Veterans are stronger than most folks’ love for their dogs. Here’s his take on this.

Judge Greenberg’s Edict

Roberto’s case just popped back up in Caseflow Friday morning so it’s time to fetch a shovel and begin sharpening my punji sticks again. This time, the village idiots at the Board will have no excuse for their ignorance if they can’t construe what it is I’m alleging. Actually, any argument from me would only echo what Ken and Judge Greenberg already said.

Here, justice was almost thwarted by the Secretary’s attempts to purposefully misconstrue Roberto’s claim any ol’ whichway for service connection in 1970. I get it. That’s a shit ton of shekels. In fact, I’m guessing it probably wouldn’t even fit in ol’ Monty’s famous Cookie Jar behind Door Number 3. That was reason enough to try to pull this off. Which brings back one of my favorite cites to law…

Federal Rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome. See Foman v. Davis, 371 U.S. 178, 181-82 (1962).

Gotta love them cites. Let the Courts do your talkin’ for you.

Posted in All about Veterans, BvA and VARO CUE DECISIONS, BvA Decisions, CUE, Humor, Informal Claims, Tips and Tricks, VA Agents, VA suspense dates, Veterans Law | Tagged , , , , , , , , , , , , , | 3 Comments

GETTING BACK TO BASICS IN THE NEW AMA SYSTEM

Punxsutawney Phil must have seen something I’m missing if he didn’t see his shadow. We’re expecting another one of these things called an “atmospheric river” this coming week. Who’s their writer for all this Snowmaggedon-type tripe? I actually liked the good old days when you took what you got in the weather department. If it dumped 2 feet of snow the night before, you woke up and dealt with it. The supermarket store shelves didn’t get ransacked like a San Francisco 7-11. Folks didn’t run down to the liquor store and clean out the entire supply of Tanqueray, limes and tonic water before I arrived. Hell, no. We were like Boy Scouts are nowadays. Pretty much prepared for any eventuality as long as there’s a nearby source to charge their phones. Our neighbors even put in a nuclear bomb shelter back then (1959). 

Fortunately for us all now, we can see what’s coming way ahead of time and those hordes of panicky doomsday hoarders have ample time to buy up a lifetime supply of bottled water. But enough about the Philster and his annual weather prognostication gig. Let’s talk about the fustercluck the VA has become in the last couple four years. I don’t frequently criticize the VA. But when I do, I drink single malt scotch as I write the email. I have to work with them and most of them know who I am. In fact, many read the blog. Most, but not all, are very pleasant to work with and bend over backwards to help me help my Vets. The operable word here is ‘most’.

Then there are the others who inhabit what they call the VSC or Veterans Service Center. VSC is synonymous with the VBA or Veterans Benefits Administration. The VSC is the nerve center of the ratings employees-or, in the governmental vernacular- GS 9 Examiner, Veterans Rating. This includes the DROCs (Decision Review Operations Centers) in St. Pete’s and Seattle. There’s a third one in DC but they fall under the direct purview of the OAR (Office of Administrative Review-formerly the AMC, ARC or the Black Hole)). For the most part, VBAWash397 does the repair work after the BVA judge makes a decision in your favor. If it’s a run of the mill denial, the local yokels across our fruited  Regional Office (RO) plains do the copy-and-paste. When all is done, they send it to Janesville Wisconsin for printing and mailing. That, fer sure, has it’s own acronym as well-the CMP or Central Mail Processing.

Assuming you’re not cross-eyed from the above, imagine a process like a Detroit assembly line for cars. Each person puts something onto the car as it travels down the line. Tires are affixed to the chassis and all the wiring harnesses and brakes/brake lines are connected. Next the body is attached and so on. A half a mile or so later on, the completed product rolls off the line and is ready for the road. Now imagine a VA assembly line five miles long and growing longer by the month. Imagine it moving along briskly at three feet a week. VSC’s motto? So much coffee. So little time.

Back in the olden days before they “invented” the AMA system, one (1, uno, nung) rater, usually a Veteran himself, would check out your file and take it back to his desk for a month or so. He ate, slept, bathed and pottied with your claim until it was complete. To be sure, when completed, he would take it to his supervisor for a review to ensure quality control. If everything passed muster, the secretary pushed print, licked the stamp and envelope and threw it into the outgoing mail. A week or so later, you’d read about your Zeros for Heroes award and how you were now entitled to free hearing aids for life. The blown out knees from jumping out of perfectly airworthy $1.19s and 123s would take another decade or two to win and you would then start getting a compensation check.

Along about 2012, it was decided that working with paper was right out and VA must enter the 21st century of computers. The idea was to streamline the process and make it so easy a caveman could do it. In fact, it’s rumored that’s where Geico™ came up with the idea for their killer commercial. A Neanderthal VA employee quit and went to work for them.  Now, with little effort,  VA’s finest could assemble all the Vet’s parameters, feed it into their newly computerized M 21 Magic Eight Ball and obtain a rating in minutes instead of years. What could possibly go wrong?

After a few years, the system’s bugs were cured and we had a quasi-workable Legacy procedure with an accuracy rate of about 25% on a good day. No longer were records lost or  misplaced. Everything was available at a moment’s notice and efficiency was the operable word. About then, the bean counters entered (again) and began tampering with it. Who, pray tell, was in charge of Quality Control? No one? Why, then, we need a QC officer- or what the hell. How about a complete office full of QC Officer experts?

At some point, back in the darker ages, the Poohbahs had already figured some employees were slackers and might cheat at this so everything required a signature or two for dispersal of funds. Over time, they even decided if it went over $125 K, it would require three signatures. Since that was rarer than unicorn poop, it didn’t happen frequently. As VA became more efficient with their computers, they discovered a bunch of errors they had committed over the previous decades. Fortunately, most of the Veterans had died so they were off the hook for those. But some were still alive so they began to scheme on how to give these really big awards a haircut to protect their integrity and their Christmas bonus checks. Face it. It’s a dang hard sell to ask for proficiency awards when your error rate is running 75%.

The employees became lazy at some point and discovered the new shredder rooms didn’t have cameras or anything to dissuade them from getting rid of their file backlogs. Thousands of Vets’ claims turned into hamster bedding until they got smart and put a lock on the door like fast food restrooms. You had to go get the key and sign the log book. Needless to say, the error rate once again began to climb. Naturally, they had to hire someone to sign off on what you were hoping to shred, too. More signatures. More employees. VA began to metastasize like a non-small cell carcinoma and it’s never stopped since.

 

The good news-and there always is some at VA- was that they effectively eliminated the danger of anyone getting writer’s cramp or carpal tunnel syndrome from having to spend all day applying their John Hancock on all the paperwork. With the advent of the computers, it required a simple keystroke. Some bright soul even suggested VA could save even more money by getting rid of pencils and pens soon. More signatures were needed for all these changes, but now, with their new computers, this was a breeze. They even put in their own IT department to fix all their misbehaving computers.

 

And then along came the AMA. On its heels almost immediately came the Procopio decision and with it the Agent Orange presumption for all those Squids who were working on their tans out in the South China Sea. And before you could say Jack Robinson, the PACT Act was passed. All these new entitlements required even more QC and signatures. By now, with inflation and COLA increases, a $125K retro payment for a screwup was a low ball award. Think $250 K for a CUE boner back to 1950. Remember Leroy MacKlem back in 2008? Here’s the story I wrote up about him. Somehow he found out about my article and even emailed me to thank me for telling other Veterans about his ‘haircut’. I called him up and we had a good laugh. He  passed away in 2014 but his story will live on. At least he got to buy his dream Cadillac-one of those old 1970 Fleetwoods that’s longer than my garage is deep.

 

So, here Veterans still sit ten years later with an intractable backlog that defies the imagination. VA continues to insist this is still a 125-day process and very few, if any, take much longer than six months at the outside. Of course they’ve been repeating that lie that since the inception of computers back in 2014. I expect it’s true if you measuring your claim duration in days on Venus. But what the hey? If you live on Mercury, it only takes five days.

VA swore every which way to Sunday that AMA was guaranteed to erase the backlog at the Board of Veterans Appeals (BVA). But again, some unscrupulous, spiteful employees, bereft of their precious shredder rooms, were now denying virtually everything that came across their desks. So naturally most of  their work moved up the chain to the BVA on appeal. The poor overworked VA staff attorneys were rapidly overwhelmed as the backlog began to pile up there. Feeling picked on, the staff attorneys, with VLJs’ blessings, began remanding (regurgitating?) all the crap right back down to the VSCs and stamping “You forgot to _____________.” on them. All this did was redistribute the backlog out more evenly like spreading frosting on a cake. And give birth to more signatures. And yet even more VA employees.

And so here we are. All these perennial promises ring hollow for Veterans who are homeless, poor, and severely disabled. Is it fair to build two more miles of tunnel onto a very long claims tunnel? Is it fair to add so many workers into the chain just to ensure quality control when you’re sporting a 75% error rate with a process that requires about 500 signatures already? I look at my 2011 claim for my greenhouse and figure they have more than $2 million invested in saying “What part of ‘no’ don’t you understand, sonny?”

I remember those olden days fondly. At least if you got a denial at your local Fort Fumble, you could get it up to the BVA, have a hearing (face to face) with three VLJs and be done in 18 months from start to finish. With only one rater at the local level, his comprehension of your predicament was total. You could actually go down to the RO and ask to see him to argue about why no one went and got your records-or if they did, why didn’t anyone read them?

Trying to reach anyone at the RO these days is dicey. With all the modern communications gear, you’d think this would really be a snap. I email VSC folks and never hear back.  The only way I get any traction is when I email the VA Secretary himself. I reckon they must be too busy Quality Controlling, keystroking their signatures and sipping Starbucks™. And to think computers were supposed to fix all this. Shoot. I’m still waiting for the Drive Thru windows they promised us to be installed. You know the one where they say “Please pull forward to the next window. Your claim is being prepared and checked for accuracy. It should be ready in a few minutes, sir.”

 

I think what really gets my goat is I won’t be alive in 2174 when the VA Secretary finally announces on X (formerly known as Prince) that the backlog has almost been eliminated and the average processing time has shrunken remarkably to a mere 125 days… or less.

And that’s all I have to say about that.

Posted in All about Veterans, Appeals Modernization Act, Humor, SHREDDERGATE, VA Agents, vA news | Tagged , , , , , , , , , , | 4 Comments

EXPOSED VET RADIO SHOW–THURSDAY MARCH 14 @ 1900 HOURS (E)

Fresh from the East Coast and having recuperated from the time change, I’ve been invited to discuss the legal conferences I attended March 7 through 9. Quite a bit to be said and I plan to do so. Join us tomorrow evening for some Veterans talk about the state of process.

 

 

 

 

The call in number, assuming the John Boy hasn’t changed it, is

(515) 605-9764

If you wish to link in via the computer, here’s the device with which to do so.

https://www.blogtalkradio.com/jbasser/12322264/connect/2591d59d066433fb20bb08c33ebd13ef4a3fa665

Looking forward to a great show with lots of listeners.

r

a

Posted in All about Veterans, Appeals Modernization Act, BvA Decisions, Humor, PCAFC, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , , | 1 Comment

THE 2ND AMENDMENT AND VETERANS BEING DECLARED INCOMPETENT

This is an interesting subject I get into with my “lunch group” at Applebee’s™ every so often. We meet at the Gig Harbor restaurant infrequently for lunch and enjoy one another’s camaraderie. We’re all pretty openminded and even willing to let Marines join us.  The group continues to grow and it’s a wonderful opportunity to discuss our lives and all things VA. If you’re  a local, let me know and I’ll put you on the call list to join us. Vietnam Era Vets only.

So, let’s dive into this. The subject was published recently in the NRA American Rifleman magazine (above) on how VA treats us when they declare us incompetent to handle our a finances. The article is by Randy Kozuch and does a great job describing the illegality and the proposed revision to rid us of this burden. As an aside, I’m proud to say I’m a Patron member of the NRA. My father bought me my membership shortly after I was born. I did the same for my son. And, politics aside, here’s the Senator driving this bill who I wish I had representing me.

To be honest, Cupcake would tell you I’m as certifiable as the Mad Hatter regarding PTSD. I understand my shortcomings in that area and try to behave myself in public. In fact, I’ve been exceptionally well-behaved and haven’t shot anyone in over two years. That business with the ding-a-ling who stole my Expedition was a fluke. It was determined to be self defense so it really doesn’t count.

In my book, anyone who’d steal my car from me and then try to run over me with it must be certifiably insane and needs waaaay more than a fiduciary. That’s why I took mercy on him and only trimmed his right ear a mite and temporarily “disabled” his right arm so he couldn’t steer. Truth be told, I didn’t miss. A blind man couldn’t at that distance.  I just didn’t have the heart to kill someone that mentally deranged. Too bad about the jail shut down for Covid. They let him go.

I know many of my clients resent getting tarred and feathered as bugf**ky and declared so unstable as to require them to relinquish their firearms. Many fight to defeat this overstepping of their rights and hire a psychologist to swear otherwise. I would too. Being criminally insane is a far cry from being unable to make wise decisions on how to spend one’s money or how to deal with car thieves. VA unfortunately makes all these folks sit on the Group F bench and demands they accept a fiduciary to administer their funds.

I don’t deny there are some whose TBI or PTSD render them in need of  one  and that may be okay for some whose wife/significant other can take over paying bills. But what of the single Vet? She or he is at the mercy of some gomer the VA assigns to them who collects about $100 a month for performing this function. Could be it’s far more than that as inflation these days drives everything up. One thing’s for sure is that we know it attracts an inordinate number of sleazy characters because you read about them regularly in the monthly VAOIG reports. They tend to help themselves to your dough and it takes forever for the VA cops to catch them at it.

Mr. Kozuch points to the fact that being declared incompetent to handle your VA funds is a far cry from being declared incompetent as you or I might understand it. In his own words, Mr. Kozuch said:

“It is not an “adjudication” in the sense of opposing sides going before a judge to argue about the person’s mental capacity based on evidence submitted by a court-appointed mental-health professional. Moreover, the determination is strictly limed to the beneficiary’s ability to manage VA benefits and applies only in the VA context.”

“Nevertheless, in every case, no matter what the reason is for the veteran receiving benefits or for having a fiduciary appointed, the VA automatically reports the veteran to NICS (National Instant Criminal Background Check System)as a “mental defective”. This means the veteran cannot lawfully purchase or receive a firearm. It also means the veteran could face felony prosecution simply for possessing firearms the veteran already owns.”

So you can see the problem facing Veterans. I’m not going into a long diatribe about who should, or should not be allowed to possess firearms. Cain knocked off Abel with nothing more than a rock. Knives are responsible for more deaths per capita than firearms. Sure, every once in a while we get some joker with a 214 who goes NASDAQ and decides to shoot up a church or supermarket. They’re the outliers that do not represent mainstream Veterans. To have a lesser standard of who’s demented and who’s not is grossly unfair.

But.. we don’t condemn a whole class of folks with a unique signature like religion or race to this indignity. Were I to file for PTSD as a byproduct of my adventures in Southeast Asia fifty years ago, the first thing I’d lose would be my VA accreditation RFN. Undoubtedly, if they rated me at 100%, I’d get the fiduciary treatment regardless of my mental deficiencies.

So how do they do this? Well, it all occurs on the VA Form 21-2680. When I file one of my Veterans for Special Monthly Compensation (SMC), the first thing I am required to supply is the document filled out by , at a minimum, a MD, a Doctor of Osteopathic medicine, a PA or a APRN. Yeppers, kids. Look on page two of the new four-page version under Section V: Certification and Signature.  Here’s a copy to verify this.

VAF 21-2680 no template OCR

Now think about this. Jimi Hendrix summed it up with his song about “Hey Joe where you going with that gun in your hand?” I think  we could all agree planning on shooting your old lady down for fooling around is a valid metric for saying Joe shouldn’t have access to guns-Veteran or not. But VA goes a shit ton further when they open this evaluation up to include folks with no PsyD. after their names. I could buy into a psychiatrist or psychologist being allowed to make this determination but what in Sam Hill would a doctor of osteopathic medicine bring to the conversation? Or, for that matter a Physician’s Assistant or an Advance Practice Registered Nurse?  If it takes three years on top of a college degree to do this, seems a PA would be mighty skinny on diagnosing brain box injuries. In fact, all would be ineligible in a civilian court of law.

Nevertheless, on page 3 of 4 on the 2680, in Block 30., the VA asks the clinician, whoever s/he may be or their qualifications,:

“In your judgement, does the patient have the mental capacity to manage their benefit payments or are they able to direct someone to do it?”

Talk about a power trip. VA invests a nurse with no clue of what’s in the DSM V the plenipotentiary powers to strip him of his 2nd Amendment rights without due process. That’s like giving your auto mechanic the right to perform brain surgery with no medical training. I’m guessing that’s against the law everywhere but California.

Fortunately, legislation is in the pipeline to correct this gross injustice to us Veterans. A House version is pending that would attach a revocation of this insanity to any funding bills-including VA’s annual appropriation. Ditto a version at the Senate that would revoke VA’s arbitrary authority to report the Vet to NICS based on a mentally defective moniker.

Think about the enormity of this crap. Due process means you get to argue this in a court of law as to whether you’re insane. A shrink would be the one to decide and then a Judge who finds in favor of his determination. To let anyone else into the discussion would fly in the face of logic. What’s next? We let state Attorneys General decide who we get to nominate as President in the absence of any conviction whatsoever (except for bad taste in prostitutes) for a crime?

The first time this happened to one of my clients was 2018. He’d come down with Parkinson’s and they granted 100% for the sum total of his deficits. So far so good. Then they diagnosed him with stage IV leukemia and gave him about 3 months to live. I filed John for a&a because he was in a world of shit medically (not mentally). Nurse Ratched checked off the Box 30 for incompetent.

Bingo. Take his guns pronto. They even call you and give you the Brady Briefing as they refer to it. Pardon, sir. Thank you for your service. You have now been warned that you can no longer possess guns or ammo and need to remove them from your home. Failure to do so will result in the revocation of your VA benefits. Please notify us at the VA Dial-a-Prayer number and let us know when you’ve complied. We’re assigning a fiduciary who will have to inspect your domicile and determine if you have complied. If you choose your wife to be the fiduciary, we’ll accept her signature to sign off on the gun gig.

I look forward to a prompt resolution to this insanity. It’s been going on for 25 years and has unfairly deprived untold tens of thousands of Veterans the ability to defend themselves in their own homes (or driveways). In this day and age of home invasions, I can’t even conceive of any government being granted that authority. Well, except for Governor Moonbeam down in California. If he had his druthers, he’d let you keep your guns but outlaw ammo so as to neuter you very, very subtly.

And that’s all I’m going to say about that.

Posted in Aid and Attendance, All about Veterans, Fiduciary, Legislation, PTSD, TBI, Tips and Tricks, VA Agents, vA news, VA TBI | Tagged , , , , , , , , , , , , , | 2 Comments