Roku 3 rocks!

Recently signed up again for Roku streaming media after a six year hiatus.  Have on the original first and second generation appliances and both continued to work with the exception of Netflix and Amazon.

This is because the writer uses a VPN router that terminates in Canada. You might think I Live in the Great White North if you checked my IP address whereas I actually live in FL.

Have the ability to bring up another VPN that terminates in the US, but I was still running into "unable to retrieve activation code messages on my LCD TV. Oddly, I could watch Netflix and Amazon video on my laptop just fine. 

Would also mention if have subscribed to Amazon Prime. It provides free shipping for most of you Amazon orders.  You also will be able to watch a lot of free movies. You can expect a charge to your Amazon account if you watch the newer releases.

I checked the Internet and one person said updating the Roku would fix the activation  problem. Doesn't that almost always work.

So I purchased a Roku 3. The Roku 3 is nearly identical to  Roku 2 except it has an Ethernet port. The Roku 2 only supports wireless connections,.

The Roku  looks like an over-sized hockey puck, but it is powerful. After connecting an HDMI cable to your LCD, LED or HDTV, plug it in and configure the the appliance for either Ethernet or wireless.

You will need a Roku pin to register generic applications in the Channel Store like WSJ Live. To register apps like Netflix and Amazon, you will need an an activation code from the TV that you will have to enter on the Amazon or Netflix web site, for example.

You may be able to use you out of country VPN if you change your domain name servers in your router of cable modem. See https://unlocator.com/.

With the Roku 3, you may be able to opt out of cable service altogether because you can access news, movies and TV shows. It is even has a game player and comes free with Angry Birds. Other low cost games can be purchased, too. 

The Roku controller can also be used as a game controller.

The Roku 3 has a standard 3.5mm audio jack.  You can use the ear buds the Roku comes with or plug in standard head phones.

This is great if you are heard of hearing or hearing disabled because you have blue tooth audio connection with the Roku appliance that mutes the TV audio. You can listen to all of the audio content that Roku provides including the Pandora streaming music service.

A closing comment, the lags that were common the the older Roku appliances are now gone. Videos no longer time out and have to restart. Rightardia was quite impressed with the latest in Roku technology.

Subscribe to the Rightardia feed: http://feeds.feedburner.com/blogspot/UFPYA 

 

Rightardia by Rightard Whitey of Rightardia is licensed under a Creative Commons Attribution 3.0 Unported License.

Permissions beyond the scope of this license may be available at rightardia@gmail.com.

What a vet needs to have before they start a pro se claim.

Rightardia recommends vets file a pro se claim because we think most service organizations like he DAV and AmVets offer little value added. The average Veteran Service Officer (VSO) supports 300 claimants

If you file pro se , you also get any extra benefit of the doubt. If you opt for pro se, the VARO has to give your claim an extra benefit of the doubt because you are not using a service organization. 

Before you file

1. The vet needs a PC. Older PCs of Pentium 4 vintage and later run find with Linux. You can get one of these older PCs from Goodwill for $50. You also have Libre office (Open Office) for word precessing and Draw which can edit Acrobat document with such as Disability Benefits Questionnaires (DBQ). Use Libre Writer to paste text into the Draw document. All the major browsers except Internet Explorer work in Linux. See http://voices.yahoo.com/using-openoffice-edit-pdf-files-6153998.html

2. An Internet connection. Of course, claims can also be submitted using the Internet at the library.

3. A laser printer, multi-function printer (MFC) fax, copier and scanner. Laser printer are cheaper in the long run than dot matrix and also print a lot faster.

4. Read two books: Claim Denied!: How to Appeal a VA Denial of Benefits [Paperback]

John D. Roche and Veterans Administration Claims: What You Need to Know to Be Successful, hardcover by Asknod.

5. You will need your service medical records (SMR) and DD From 214, Statement of Service, to file a claim. You can order those on theEbenefits web site, but you need a premier DSLogin (ID and password) first.

6. Before you begin. Peruse 38 CFR, part C and try to find the disability codes that fit your conditions.

7. Take a close look at the policy in the 38 CR and the supplements. You need to understand VA concepts such as a bilateral rating and pyramiding.

8. How to organize the narrative of your claim. Peruse 38 CFR. Part c and try to determine what system(s) you disability falls into such as skeletal, respiratory, digestive and so forth. Is there any relationship between the conditions? For examples if you were exposed to Agent Orange in Vietnam, you may have type II diabetes. You may also have some of these other secondary conditions.: Peripheral Artery Disease Ischemic Heart Disease, Carotid Artery Disease Stroke , Kidney Disease  Hypertension  and Diseases of the Eye. Can you relate your conditions in terms of primary and secondary conditions?

Another example if you contacted meningitis or encephalitis while in the service, you may have damage to the brain and brain stem and suffer from tinnitus, hearing loss, and sleep apnea. The latter conditions are secondary to encephalitis. Try to find pages in your SMRs that directly relate to your claim. Use those pages as attachments to submit a fully developed claim.

Develop a team of doctors who are you advocates. Minimally I would suggest one primary care doctor and one specialist. Make sure both are board certified and have reviewed your SMRs. They can also review your VA records you can get using Blue Dot downloads from MyHealthEvet. You need premium DS Login first to create a second login to My HealthEvet. Interview the doctor and ask them if they will help you with letters and disability benefit questionnaires. If he or she won't, find another doctor. 

Format for filing the claim

This is how I would recommend you structure the narrative in the VA Form 21-526

Note: VA Forms 21-526, 21-686c, and 21-4138 are no longer available for use and submission in the Veterans Online Application (VONAPP). The Department of Veterans Affairs (VA) is transitioning from VONAPP to a new online VA claim service known as VONAPP Direct Connect (VDC) for all Compensation claims, which is currently available for use in eBenefits. 

Purpose: Award claimant a 60 disability for PTSD. (Here ask for what is based on the tables in the 38 CFR, Part C. Make sure any letter or DBQs you have from your doctors are in agreement.

Facts: Describe how you medical condition is service connected and provide a time line of the events while you were in the service. Avoid any opinions or conjecture here.

Discussion: You can discuss how the primary and secondary conditions relate and how his condition has affected your life. Letters from service buddies and employers should be used as attachment if you lack SMRs. Try to link all of your attachments to statements and in the facts and the discussion, e.g., the claimant contacted Hepatitis C in Saigon and was hospitalized for 3 months for the condition (atch 4).

Conclusion:

1. The claim for meningitis is service connected.

2. The meningitis caused the secondary condition of sleep apnea, tinnitus and hearing loss. See the letters and DBQs at attach 7, 8 and 9.

Recommendation: Award the claimant a 100 per cent disability go the primary condition of cirrhosis and the residual secondary condition Hepatitis C.

You can use this same Format on a Form 9 for a VA appeal. It's a good idea to get additional doctor's letter, progress notes and DBQs for the BVA appeal. 

Subscribe to the Rightardia feed: http://feeds.feedburner.com/blogspot/UFPYA 

 

Rightardia by Rightard Whitey of Rightardia is licensed under a Creative Commons Attribution 3.0 Unported License.

Permissions beyond the scope of this license may be available at rightardia@gmail.com.

So you think you are entitled to a VA disability

You may have a service connected condition that should be compensated, but do you have the staff and writing skills to get the job done? 

You can submit doctor's letter, doctor's progress notes an Disability Benefits Questionnaires (DBQ) as documentation. Rightardia recommends using the DBQ whenever possible.

You may want to write a draft letter for the doctors consideration that uses VA terminology. For example, the VA wants to to see a medical conditions as more likely than not service connected.

Many vets make the mistake of trying to get compensated for every malady they have. Rightrdia has read the average vet files 20 claims. Now if you are filing for hearing loss, bursitis, diabetes melllitis, a back condition, flat feet, knee damage and other unrelated conditions, its like throwing mud balls against a wall and hoping some will stick.

The VA has a term for this: piling on. 

It's much better to file with primary conditions relating to secondary. For example, if you caught St. Louis encephalitis while in the service, you may be able relate that to the secondary conditions of high or low frequency hearing loss, tinnitus, and complex sleep apnea. In this case you are filing for one primary condition and three secondary related conditions.

Peruse the Disability Conditions (DC) in 38 CFR, Part 3 before you file. Don't waste time filing for three 10 per cent conditions when you may meet the 30 per cent criteria for sleep apnea. 

The trick is to tie your medical conditions to your service military records (SMR). Here you will need doctors opinions. You want board certified physicians on you team and you must indicate the doctors have reviewed your SMRs. You may have to go the the Board of Veteran Appeals (BVA) to get some of your conditions service connected.

Her is a sample letter you can use as a template.

Tampa Bay Xxxxxx and Xxxxxx

address

City and zip code

Phone:

Fax:

To: Whom it May Concern:                                                                    date:

re:

I am Mr/Ms ___________'s primary care physician and he/she has been a patient here for several years. I have reviewed his military service records.

Mr/Ms ________ contacted _______________________________ on (date). A subsequent MRI indicated he had an _______________. After further testing he was diagnosed with ________________ with the related (secondary ) conditions of _____________________________.

The __________(primary condition)_________ was the likely causal factor in the related secondary conditions of _________, _______________ and ______________.

In addition, the ___(primary condition) ___ can lead to _______________. He also has chronic ______________ outbreaks and takes ________________ as required that I prescribe for him.

Mr/Ms ___________________ was hospitalized at _______________ in (date) for an ____________________ and he suffered a _______________ while he was in the hospital.

I receive correspondence from a team of doctors that care for Mr/Ms _________ on a recurring basis: an endocrinologist, a neurologist, a cardiologist, an otolaryngologist, an ENT and a urologist. He undergoes extensive blood lab work for his _________________ every 90-days.

Mr/Ms ___________________ has not worked for many years and his multiple medical disabilities are permanent and chronic. He/She is disabled, immuno-supressed, vulnerable to infection and to another ________________.

His condition had deteriorated after the last hospitalization that more likely than not caused his/her ___________. He has no prospects for improvement.

He is permanently and totally disabled. He has near constant debilitating symptoms from the ____________. In particular, the __________________ would preclude employment.

Sincerely,

(signed)

Nnnnnn Nnnnn, M.D.

Subscribe to the Rightardia feed: http://feeds.feedburner.com/blogspot/UFPYA

 

Rightardia by Rightard Whitey of Rightardia is licensed under a Creative Commons Attribution 3.0 Unported License.

Permissions beyond the scope of this license may be available at rightardia@gmail.com.

Prologue to a Veteran Affairs Claim

After nearly six years,  a VA claim was resolved to the major's satisfaction. This was after a Decision Review Officer review, a reconsideration and two remands, working on the third.

What did the major learn along the way?

In the long run, you may be better off pro se than using a service organization like the DAV or AMVETS. However,you will have to read some books first, be computer literate and also have an Internet connection. If you are not inclined to do the preceding, use one of the service organizations.

If you opt for pros se, the VARO has to give your claim an extra benefit of the doubt because you are not using a service organization.  Before you file, read these two books:

1. Veterans Administration Claims: What You Need to Know to Be Successful by Asknod.

2, Claim Denied!: How to Appeal a VA Denial of Benefits [Paperback] John D. Roche

You can purchase both books together for $32.05 from Amazon.com. Asknod also has a great blog: https://asknod.wordpress.com/

There are also numerous articles on the disability claim process in the Rightardia blog.

If you decide to go pro se, you will also need above average writing skills. You might want to test your writing skills to see where you are at: see http://www.evc-cit.info/wst/

You can use either MS Word or Libre office (Open Office) to prepare claims documentation. If you use the latter, install the Language Tool add on which provides a grammar checker that is equivalent to the one in MS Word.

When you are ready, you can file the initial claim online, using VONAPP: http://vabenefits.vba.va.gov/vonapp.

In most cases, would not recommend doing this until you have your service military records (SMR) on hand. See http://www.archives.gov/veterans/military-service-records/

Why? Because the claim will be weak and unsubstantiated without documentation from you military service  records.

If you cannot document your condition with evidence that is in your military service records, you are not likely to be successful with your claim.

Ir should be clear by now why being computer literate with an Internet connection is essential for a pro se claim.

However, you should also have Disability Benefits Questionnaires (DBQ) prepared by your doctors.The DBQ is a new innovation that should expedite he claim. A mix of doctors letters and DBQs will help make the case. See http://benefits.va.gov/COMPENSATION/dbq_ListByDBQFormName.asp

The VA DBQs are Acrobat pdf files which can be filled out and printed, but not saved.

The major spent about $100 on a program called PDF Nitro. It allows a user to edit, save and even compile Acrobat documents. You can also convert the documents into Word and Excel docs. If you plan to submit DBQs, you will need a program like this.

Assembling your team of physicians

Many doctors are conservative and view the VA as an unnecessary welfare program. Interview a new doctor and feel them out on their willingness to help. If they won't,  find another doctor. You will need doctors who are your advocate.  You will need a primary care doctor and one or more specialists. You want all of them to be board certified.

You also wants the physicians to indicate they have reviewed your SMRs in any letters or DBQs.

The major's team included a primary care doctor, a cardiologist, a neurologist, a psychologist and an endocrinologist. During the claim, he replaced two endocrinologists and one neurologist.

You can mail in a DBQ and the doctor's letter to the VA. Another way is to take the documents to the nearest VARO Veteran Center. The vet center will add the submission to your claim file (c-file) and put a date time stamp on it. You can also talk to a VA counselor while you are there.

Watch out for Compensation and Pension clinicians. 

Once you have submitted the claim, you may be scheduled for a compensation and pension (C&P) exams. Many of the C&P examiners are not doctors, but Physician Assistants and Nurse Practitioners. Rightardia suggests you insist upon a doctor if C&P calls you.

Regardless of who performs the exam, you can expect to be damned with faint praise. Unfortunately, the Ratings Veterans Services Representative (RVSR) in the VARO will consider the C&P clinician's opinion above that of your physicians

The RVSR is a primary decision maker of the outcome of your claim for VA disability compensation benefits. However, if you have provided compelling evidence in a DBQ, it may preclude a C&P exam. Try to avoid a C&P exam if at all possible. These clinicians are not your friend.

Originally, the C&P doctors we authorized to assist people who lacked medical care. Now, the VA tires to use them to see all vets with claims The DAV indicates DBQ may preclude a C&P exam. This is another reason to use a DBQ.

If you get a bad C&P exam, you have some options. You can get the C&P progress notes after the exam from the FOIA office and write a rebuttal. Errors of commission are not common, but errors of omission are very likely. Write a rebuttal and submit it to the service center.

You can also Rizzo the physician and challenge his or her credentials if the C&P exam is really substandard . You can do this years before a BVA appeal and if the VARO forgets to defend the physician's credentials, his or her physical or progress notes cannot be used in the BVA decision.

The first time the major rizzoed a C&P physician, the VARO asked him if he wanted to be serviced at another hospital. This was baloney because the C&P doctors are not part of the local VA Medical Center. In addition the local VARO supported both hospitals so it would have been pointless to change hospitals.

See http://rightardia.blogspot.com/2010/07/precendent-setting-cavc-cases-that-may.html

Although the RVSRs give primary consideration to the C&P physicians, the Board of Veteran Appeals (BVA) will be far more impressed with the opinion of your board certified physicians. especially if the doctors have reviewed your SMRs, 

Although the VA is now claiming that 70 per cent of its claims are approved, most of the data the major has seen suggests that even after an appeal to the BVA, about 30 per cent of the claims are approved, 

It is likely the initial claim will not be approved by the VARO. if you have a well grounded claim, appeal to the BVA for a review by an administrative law judge.

The law judge has very different perspective than RSVRS who use a VA directive. The law judges considers the VA law in USC 38. These judges are also aware of the US Court of Veteran Appeals (USCAVC) precedent rulings that the VAROs usually ignore. 

The BVA may declare a condition the VARO has denied as service connected. This will result in a remand that will force the VARO to rate a condition it previously denied.

You may want to engage an attorney to represent you during the BVA hearing. Be aware the attorney will receive 20 per cent of any subsequent award.

One of the favorite ploys of a VARO is to say a claimant has not provided new evidence. The major suggests you can get new evidence whenever you visit one of you doctors. Although you may want to give the VA access to your doctor's records in the initial stages of a claim, in the long run this is a bad idea because your c-file will get huge. You also want to filter any data first that goes to the VARO.

It's better to get the progress notes after a visit, review the notes and the carry the relevant notes to the vet center. When the major finally received a Statement of Case, he had references in it to three pages of his documentation.

So document, document and document! 

Is summary, consider going pros se on the claim because you will have a better chance of your claim succeeding. You will need to be computer literate with Internet access. if you are not, use one of the service organizations like the DAV.

Assemble a strong team of physicians who are your advocates. If a doctor won't help you, find one who will.

Use DBQs, doctor's letters and progress notes to document you condition.  Make sure you board certified physicians review your SMRs and document this in your DBQs or letters, 

Expect to have the claim denied by the VARO.  If the claim is well documented, appeal to the Board of Veteran Appeals (BVA). Consider hiring an attorney to represent you in the BVA hearing. The judge is attorney and the VA also has an attorney consul at the hearing.

Subscribe to the Rightardia feed: http://feeds.feedburner.com/blogspot/UFPYA 

 

Rightardia by Rightard Whitey of Rightardia is licensed under a Creative Commons Attribution 3.0 Unported License.

Permissions beyond the scope of this license may be available at rightardia@gmail.com.

Does your home's roof need to be replaced?

A roof replacement is one of the most important and expensive upgrades you can do to your home. If you take care, you can improve your home and also avoid some legal trouble. 
 
Make sure the agreement is a proposal and not an estimate. An estimate is open-ended and you can expect to see additional charges.

The underlayment to shingle and flat roofs is crucial. Shingled roofs usually use synthetic underlayment and flat roofs use a bitumen underlayment. Peel and stick underlayment is preferred to tar paper. It can handle high winds far better.

Some contractors are specialists in certain types of roofs. Make sure you have the right one  is you need a tile or metal roof.

Energy Star shingles can save money, but the color is often limited to white or if you need a better Energy Star shingle, it can add a hundreds to the cost of the job. You can get a Energy star Star Credit as of Oct 1 of up to $500 and Florida Power and Light (FPL) will provide a $325 rebate. In the writer's case, the Energy Star tax credit and FPL rebate was not enough to offset the cost of the Energy Star shingle upgrade.

Make sure ridge vents are installed on you new roof. the ridge vents and the soffits work together to remove heat nad humidity from your home. Make sure the soffits are clear of debris and excess insulation.

If you have a  large chimney, the roof will need a cricket. If a cricket is not installed, roof leaks will eventually develop around the chimney.

Never pay a roofing contractor up front end money. Often contractor will be paid in two or three phases or at the end of the job. It is common to pay the contractor for a third of the job after the initial dry-in (lay down of the underlayment).Once the underlayment is down, your roof is waterproof.

Check with the county licensing department on the roofer. Does the roofer have a license. Roofing contractor license are usually issued by the country or the state. The state license is an "RC" followed by six numerals (Example - RC000001). You roofer minimally needs the country license. Be leery of roofers who only have state licenses.

Does he company have any employees?  If it doesn't you are probably dealing with subcontracted work or independent contractors (day laborers). Some companies have a parent company that has liability insurance but no worker's compensation. If the company doesn't pay the sub-contractors, they can sue you. Likewise, if the roofing contractor doesn't have workers compensation, an injured worker can sue you, too.

Some roofing concerns are shells that have a parent company. If there is a problem, the subsidiary company cannot be sued because it has no assets or employees.

You county or city licensing office can tell you about the contractor and whether they are licensed, have insurance and workers compensation. A reference to worker's comp should be on the general liability policy. Licensing offices can also tell you if any complaints have been filed against the corporation.

Also, check out Angie's List and the Better Business Bureau. The writer used Angie's List to identify A-rated contractors. Roofing is a highly competitive business and many of the local roofing contractors had F-ratings.

Contractors with poor ratings may change their name. Ask a roofing company if they have ever worked under a different name.

Also, Make sure the roof  will meet State of Florida building code and VA and FHA standards.


You may want to hire a different contractor to do the gutters after the job is finished. Ditto, for screen work.


Roofing repairs are important and can be relatively trouble free if you hire the right contractor to make this important and expensive upgrade to your home.

sources: 



http://www.floridaroof.com/upload/files/FL_consumer_consideration_in_replacing_roof.pdf 


http://www.fpl.com/residential/energy_saving/programs/roof.shtml

Subscribe to the Rightardia feed: http://feeds.feedburner.com/blogspot/UFPYA

 

Rightardia by Rightard Whitey of Rightardia is licensed under a Creative Commons Attribution 3.0 Unported License.

Permissions beyond the scope of this license may be available at rightardia@gmail.com.

Android 4G phone and FoxFi

 

The FoxFi  Android app would allow you to make you 3G phone into a wireless hotspot. This was cool because you could download FoxFi after paying a one time fee to stream wireless to a PC, laptop or even your TV.

Micro-B USB cable

The cell phone providers caught on to FoxFi and blocked it in the 4G phones. You have to pay a $20 month fee to get hot spot service from your wireless provider.

Enter Pdanet+ that bought FoxFi. For most phones install PdaNet+(FoxFi) directly from Play Store. See https://play.google.com/store.

Rightardia installed the Pdanet + Fox Fi app and then connected a cable with a micro-B USB end to the Android (the charging port). Put a standard USB end of the cable into a Linux laptop. An Android icon appeared in Linux mint that also opened the Banshee music player.  However, the music player didn't work. 

Upon Opening a browser, Rightardia immediately connected to the Internet. would expect Pdamet+ app to work equally well in Windows. although Rightardia didn't test it.

The speedtest.net test score was amazing: 100MBS upload and 10 MBS download! This is faster than Roadrunner lightning. 

Will the cellular providers be able to stop this? Not likely, because the Internet default port is 80. If  you block port 80, you block the Internet to the 4G phone.

FoxFi works with Bluetooth, too but your laptop or PC must be Bluetooth enabled. The USB cable solution is simpler and more secure.

If the above app fail to install, it means your carrier (such as Sprint or Straight Talk) has delisted the original listing. Try to install our renew listing here. https://play.google.com/store/apps/details?id=com.foxfi2

http://feeds.feedburner.com/blogspot/UFPYA

Rightardia by Rightard Whitey of Rightardia is licensed under a Creative Commons Attribution 3.0 Unported License.

Permissions beyond the scope of this license may be available at rightardia@gmail.com.

I fired the DAV yesterday

by the Major

Yes, I have had it. Working with the VA Regional Office (VARO) is bad enough, but the Disabled American Veterans (DAV) are  just as bad. What follows in the laundry list of reasons I fired them.

Lets start off by saying something good about the DAV. As service organizations go, it is one of the best, perhaps even the best. It's national service officers are trained by the VA during a two year training period.

The DAV is one of the few organizations that has access to VA claims data. The DAV is automated and networked into part of the VA claims system.That is the good news.

The best the DAV and other service organization can do with service members claims after the second level BVA or DRO review is about 30 per cent success rate. That means less than 1:3 claims are approved by the VA even with DAV or other service organization assistance. The DAV may be satisfied with this percentage, but veterans should not. A thirty percent success rate is hardly impressive.

The DAV seems to be too chummy with the VA. We recently met with  a DAV National Service Officer (NSO) who listened to our complaints about the VA. We strongly hinted we were about to bolt to an attorney, but the NSO suggested attorneys wouldn't have any better luck with the claim. The second time we met him he repeated verbatim the same pabulum we got back from the VA after a congressional inquiry.

The NSO also suggested we were just two retired people who spend all day working on our claim. This was the wrong thing to say to clients, particularly when my spouse works and I am politically active. I spend more time on my FB page and blog than on my VA claim. Perhaps someday that NSO will see this article and get a clue!

The DAV's activities are, for the most part, invisible to the veteran. The DAV rarely advises veterans of actions it takes on their behalf. If you fax or mail a letter to the DAV, you might get a letter back acknowledging the receipt and filing, if you are are lucky. They will also advise you of any hearings with the Decision Review Officer (DRO) or Board of veteran Appeals (BVA). That 's about it.

On well known VA blogger describes service organizations as mail rooms.He makes a good point.   

The NSO's abilities vary widely. There are NSOs and senior NSO's. The senior NSOs are excellent but most of the other NSO's have wide variations in ability. In the case of the St. Petersburg VARO, NSOs rarely last more than a year. In an 11 year period, my spouse estimates we have had a minimum of 30 NSOs. Every 90--120 days, the local DAV changes the NSO for a vet based on his or her Social Security number.

We recently found out that the St.Pete DAV has never been a training facility. This was a cover story for some sort of a management problem in this office for a long time. Of interest, the number two supervisor in the St. Pete DAV had been replaced in the last couple of months. A 17-year senior NSO also resigned.

Not only do the NSOs rarely correspond with vets, it is not common for them to return phone calls either. I can recall perhaps 4 times that the DAV returned a phone call in past 11 years. When my wife thought I was dieing in a hospital, she called 4 times and the St. Pete DAV never returned any of the calls. 

When my wife thought I was dieing in a hospital , she called 4 times and the St. Pete DAV never returned any of the calls. 

In New York, a service officer must have legal training. This is not the case in Florida. The St. Pete DAV has abysmal knowledge of 38USC, BVA and USCAVC rulings.

The DAV has a tough job, my attorney explained, because they listen to sad stories all day long. They function much like social workers.  It is a tough job with relatively low pay, about $48,000 per year.

After the major did a smack-down on the VARO during his last BVA hearing, one of the NSOs suggested at the time he apply for a job there because he was "knew more than anyone" in the DAV office.

Regardless, this would hardly be the kind of job a person with a technical background would want. You need a real people person as an NSO.

In Oct. 20l1 the major suggested the Veterans Benefit Administration (VBA) develop a checklist for veterans who were initiating claims. This was because the new claims process was so haphazard with the local DAV. 

Not long after that the VA developed the Disability Benefits Questionnaires (DBQ) which the major thinks will help more vets develop successful claims. In many respect, the checklist idea was a workaround for vets who are assigned  marginal NSOs.

Most of the NSOs appear to be former non-commissioned officers and some have an attitude toward officers. Others NSO's like to talk about their claims which wastes a vet's time.

The attorney is right. The NOS's are fundamentally social workers. Listening to the laments of vets who have been physically and mentally wounded wears you down over time. It's a tough job.

If fact, it's a job better for an attorney than a social worker. That's why the major fired the DAV. 

An attorney will return phone calls and you can send them email. An attorney will provide an organized presentation to the DRO. BVA or USCAVC something the DAV will not do. An attorney  will also suggest ways you can improve your claim, something that the service organizations rarely do.

Subscribe to the Rightardia feed: http://feeds.feedburner.com/blogspot/UFPYA 

 

Rightardia by Rightard Whitey of Rightardia is licensed under a Creative Commons Attribution 3.0 Unported License.

Permissions beyond the scope of this license may be available at rightardia@gmail.com.

Why the VA sucks

I posted the initial article on the FB page, "The VA is lying."

The VA approves about 15 per cent of its claims overall. If you appeal to the BVA and prevail, about 30 per cent of VA claims make the cut.

If you appeal the BVA ruling to the USCAVC, about 70 per cent of those filings are overturned.. However, only a small percentage of vets who lose a BVA appeal, go to the USCAVC.

About 15 per cent of VA are fraudulent. This means when the dust clears, about 55 per cent of vets just give up. Perhaps the claim is poorly written or lacks appropriate medical documentation. Most vets just tire of the run-around.

If the VA makes an award, the award comes out of the local VA claims office's (VARO) hide. This is really a conflict of interest and may explain why the VA is so stingy.

About 40-45 percent of claims from Iraq and Afghan vets are being approved. Not bad.

However, if you are Vietnam era vet, it's about 2-4 per cent.

Is this a dual standard for vets? You betcha!

Essentially if 100 vets were to file claims, about 20 would be approved at the the VA Regional Office (VARO) level. If you are an Iraq and Afghan vet, a Purple Heart recipient, paralyzed or paraplegic, your odds improve. 

If you appeal to the Decision Review Officer (DRO) or the Board of Veteran Appeals (BVA), another 20 per cent of those appellants get approved. 

Keep in mind the DRO is bound by it VA Manual, M21-1. It does not consider precedent rulings from the United States Court of Appeals for Veterans' Claims (USCAVC) , the 38 CFR that is the VA directive or 38 USC that is public law.

The BVA will consider USCAVC precedent rulings that require a three panel judge, 38CFR and 38 USC. The BVA is legal administrative proceeding. the BVA will also consider the opinions of private practice physicians in letters and Disability Benefit Questionnaires. 

The VARO will gloss over private practice evidence if it conflicts with the Compensation and Pension (C&P) clinicians findings. Keep in mind that many of the C&P examiners are nurse practitioners and physician assistants. A board certified physician will hold more weight in front of the BVA. 

Make sure your key physicians have conducted record reviews of you military service records. This is important to the BVA.

However, the DRO or BVA base is smaller. Let's says that 50 of the 80 claimants who were rejected appeal. Only 10 would prevail at the DRO or BVA. At this point about 30 per cent of the claims have been approved. However, the BVA may only approve one of your 4 claims and remand the other three back to the VARO for development.

You are now playing remand ping pong with the your other three claims. 

We now have 40 claimants left who didn't make the cut at the DRO or BVA. These appellants can apeal to the USCAVC. If 10 appeal, about seven will prevail. 

These examples are hypothetical and based on limited data the VA has provided on claims. Much of this information was harvested from congressional testimony.

Of the 33 remaining claimants. about half (15) are fraudulent. If you file a fraudulent claim, you will most likely receive a quick reject. You can also be prosecuted.

It behooves the vet to appeal if he/she have a well grounded claim. The writer recently discovered he was very fortunate to prevail in front of the BVA without an attorney. Generally, once you get into appeals, you should probably hire an attorney. 

Refine your claim based on the attorney's advice and bring in new substantial evidence at the DRO and BVA levels, 

Once you appeal to the USCAVC, the claim is locked. You cannot introduce new evidence.

What do these statistics suggest. Appeal, young person, appeal!

Your odds of winning are highest at the USCAVC level, but you better have a solid claim. You cannot introduce new evidence once the BVA hearing is over. 

graphics: courtesy of AskNod blog.

Subscribe to the Rightardia feed: http://feeds.feedburner.com/blogspot/UFPYA 

 

Rightardia by Rightard Whitey of Rightardia is licensed under a Creative Commons Attribution 3.0 Unported License.

Permissions beyond the scope of this license may be available at rightardia@gmail.com.

Rand Paul call first dog, Bo, uppity

The details are murky, but somehow the brazen Rand Paul stormed his way into the White House. He was greeted by the first dog, Bo, who promptly urinated on his trousers.

This angered Rand Paul, who said, Bo, a Portuguese water dog, was an undocumented illegal. Paul also claimed the dog was 47 per cent black like Obama. Bo is a black dog with white paws. 

Paul said Bo was an uppity dog who needed to go to back to obedience school.

The White House declined comment.

Subscribe to the Rightardia feed: http://feeds.feedburner.com/blogspot/UFPYA 

 

Rightardia by Rightard Whitey of Rightardia is licensed under a Creative Commons Attribution 3.0 Unported License.

Permissions beyond the scope of this license may be available at rightardia@gmail.com.

GOP: An anit-social political party.

The GOP has been fragmenting for a long time. This started with political purity tests in the 1990s when Republican moderates were purged form the party. The Club for Growth would challenge Republican moderates in primaries, exhausting the moderates war chest. if the GOP moderate limped out of the primary, he/she  became easy pickings for the Democratic opponent.

When Jeb Bush took the governor's mansion in the 1990s, the FL GOP purged Democrats from appointed positions. It also purged Republicans who worked with these Democrats because they werd no longer considered ideologically pure. 

Some of this resulted from Newt Gingrich who became the House speaker  in 1994. Gingrich discouraged GOP house members form socializing with Democrats. This actually prevented a lot of late-hours political business from getting done in DC.

The era of conservatives are different began. Some of this may have been inherited form the Christian right which tried to establish a Christan business community that only right wing Christians inhabited.

Rightardia thinks conservatives simply took themselves too seriously. They saw themselves as the wave of the future abut didn't realize their bubble would burst by 2008.

Boy, did that conservative bubble burst.!

But we now had conservative talk radio and Fox news. Academic institutions of higher learning wer mistrusted and Wikipedia that was founded by that libertarian, Jimmy Wales, was considered suspect

So a cartoon conservative version of Wikipedia called Cosnervapedia was born. If you want to understand the meaning of bias, check out Conservapedia.

Conservapedia is a good example of conservative anti-intellectual thought. 


Neo-conservatism was militaristic in the beginning and brought neo-confederate, militia, white supremacist and libertarian groups under its wing.

All of these groups have a high degree of sociall anomie and reflect the growing anit-social nature of the Republican party,

As the moderates were purged form the party, many Republican ditto heads, Tea Partiers and libertarians descended into fascism.

Rightardia considers the lone wolf philosophy of libertarians to be another form of fascism. Ayn rand, was a Russian emigre, Her writing was a counter to Soviet Stalinism. She emphasized the importance of the individual over society. Her work was a reaction to Soviet collectivism. Her books and ideas were not popular after WW2 ended.

Rand's idea appealed to the political outsiders, the Republicans that were booted form office during the New Deal.

Libertarians want a Utopian society with minimal (minarchy) or no (anarchsit) government. No society on earth has ever had such a government.

One libertarian apologist tried to suggest that the US was libertarians prior to the Great Depression. If this bloke had known Us history better, he would have known this was dark period of trusts, 80 hour work weeks, child labor and the struggle for women;'s suffrage.

Teddy Roosevelt brought us out of the darkness with his progressive ideas and trust busting.

Such thinking about Us history is also historically present minded.  Rand wrote her two book, Atlas Shrugged and the Fountianhead after WW2, not prior to the Progressive Era. .

We know know after 28 years of GOP leadership, that Reaganomics and supply side economics (trickle down)  simply don't work. Newt Gingrich rescinded the Glass-Steagall Act and 10 years later our country went into the Great Recession under the watch of GW Bush and his failed ownership society. .

When the dust cleared, fewer Americans owned homes than before. This was largely due to GOP deregulation efforts. Treasury secretary Hank Paulsen even reduced the SEC reserve requirements of the big 5 Wall Street banks in 2004.

Teh GOP is anti-government. It  really wants a seamless relationship between corporate and political leaders. This corporatism is often referred to as the first phase of fascism What the GOP does not want is the effective government that polices the corporate world.

The GOP envisions government with a lassez faire approach toward business. In fact, the GOp regularly cuts the budget of regulatory organization like IRS, EPA and the Department of labor when it can. It files the NLRB with "do nothing" GOP cronies and cut the manpower of OSHA to cripple this organizations from inspecting corporations.

Essentially, he GOP tries to neutralize government functions that doe not fit its ideology,

What we have today is an anti-social political party crowded on the 10 yard line of the right side of the playing field. it is party that has little chance of getting back into the game. All it can do is prevent the game from being played.

You can call them bad sports.

Rightrdia calls them an anti-social and disloyal opposition.


Subscribe to the Rightardia feed: http://feeds.feedburner.com/blogspot/UFPYA

Rightardia by Rightard Whitey of Rightardia is licensed under a Creative Commons Attribution 3.0 Unported License.

Permissions beyond the scope of this license may be available at rightardia@gmail.com.