Hello, Invisible Reader. I'm finding that I'm covering more topics that stray from my battles against the VA more and more often. Variety is the spice of life. So, it's all good. If you don't like it you won't read this blog. I guess it's as simple as that.
Over the years I've subscribed to a lot of online Veterans groups. I subscribed to them in search of support. That's what Veterans do. We seek out our own kind. We subscribe to these groups looking for help. We hope that someone will have all the answers for us.
One group that I subscribed to and have been a member of for years is moderated by a Gulf War Veteran. Over the years I've tried to post the plight of women Veterans to that group. I've tried to post articles about how unfairly women Vets are treated at the VA Hospitals, how unfairly our claims are treated, how our claims for Military Sexual Trauma are rejected more often than our male counterparts are rejected for PTSD. The owner/moderator of that particular group basically told me I was out of my mind and had no clue what I was talking about. He refused to allow me to post links for women Veterans. He slapped me on moderate so that he could review all my posts. Needless to say, most of my posts never made it to the list. You can bet anything I tried to post on Don't Ask Don't Tell never saw the light of day.
Speaking of Don't Ask Don't Tell ... I've been asked on lists I've been a member of NOT to post anything about Don't Ask Don't Tell. I've been told not to bring up the subject of gays in the military. What kind of shit is that?
Just yesterday I unsubscribed from a group. I got into a pissing contest with one of the moderators. Someone posted some old information to the group. I made the comment "This is old news but thanks for sharing." The member had posted the info that Veterans and Retirees could now salute when the National Anthem was played. President Bush signed that into the Defense Authorization Act of 2009 in OCTOBER 2008. To me, that's old news. My comment was not sarcastic. I thanked the sender for posting it. The moderator jumped my shit and in his final email to me ... in a public forum, told me that if I commented one more time he would remove me "... understand". Since that was not the first time I'd gotten into it with that moderator, I unsubscribed myself. This particular group of late has had very little information being posted other than "prayer requests" for sick Veterans. I don't see how that is supposed to help the Veterans who go to that group for help with claims.
The best group on the internet right now is Jim Strickland's STRAIGHT TALK for Military Veterans. Anything goes. I should know. I'm a moderator on that group. Okay, okay .. so maybe I'm a little biased. We don't shy from anything. You should join us there. We have some really great people on our board including a couple of NOVA Attorneys who offer free advice on your claims. All we ask is that you don't flame the other Veterans in the group. We're all brothers and sisters there. Peace, love and harmony. We don't fight there. Debate, yes. That's fun. But keep it civil.
But back to my original subject. On all of these Veterans boards there are self proclaimed "Advocates." When you ask them what their qualifications are you never get a straight answer. They will tell you they've been doing claims for Vets for years. They will tell you that because they research information on the internet and they help Veterans, they are an "Advocate". They will tell you because they help Veterans fill out a claims application they are an "Advocate." Ask them what training they've had and they can't tell you. They will tell you that Bubba at the DAV, the VFW, The American Legion taught them how to fill out a claims application. That makes them an "Advocate". Does it? Do you really want to put your future in the hands of someone who doesn't know VA Law? I don't.
I've learned a lot this last year as my claim has gone through the system. You know my story if you've been reading this blog from the beginning. Am I an "Advocate"? Hell no. Do I talk about benefits to friends and strangers? You're damn right I do. Do I try to help every person that I can? You're damn right I do. Does that make me an "Advocate"? Nope. It sure doesn't. It just means that I want to help my brothers and sisters get everything they have coming to them. I don't pretend to know VA Law. I don't pretend to understand the system. I know just enough to make me dangerous. What I do know is where to go for answers. I am learning how to research. I have a long way to go before I will ever say I am an "Advocate".
Here is what I know. I completed the Vocational Rehab program in December 2000. I know how to apply. I can advise Veterans how that works. I can assist them with that and I can tell them how the program works. I know that program well because I was in it. Now I know that you can go back into Voc Rehab outside the 12 year window if your circumstances have changed drastically. I know that from personal experience. I can share with my brothers and sisters how to get back into Voc Rehab and how the Independent Living Program works because I'm living it. Does that make me an "Advocate"? Nope. But for some people, it does.
I am an 80% service connected disabled Veteran. I know how to file a claim. I can tell a Veteran how to file a claim and where to go to get the forms. I can point them in the direction of Jim Strickland's A to Z Guide with instructions on how to file a claim. That does not make me an "Advocate". It just means I'm one Veteran looking out for another Veteran.
What I'm telling you is this. Beware of self proclaimed "Advocates". Ask them what their qualifications are. Did they take and pass the course from the National Veterans Legal Services Program (NVLSP)? I haven't, but I will. One of my long term goals of my Independent Living Plan is to work with Veterans. I want to help Veterans get the benefits that I have. I will be taking this course. Will that immediately make me an "Advocate"? Not really. I have to take the exam in order to become a "certified Advocate" but even then, I still have a lot to learn. A certificate will not automatically make me an "Advocate". Experience will do that. A proven track record will do that. Trust and faith from other Veterans will do that.
One last thought before I let this go. On the boards a lot of the "Advocates" are the spouses of Veterans. I admire the work they do. Don't get me wrong. It's great that they stand beside their spouses. But I have to tell you this. Those "Advocates" did not wear the uniform. As a good friend said to me recently, "they are like the Ladies Auxiliary at the VFW or the DAV or the American Legion. They wear the vests with all the flash, they shine their shoes the brightest, they sing the songs the loudest but when it comes down to it, they are not Veterans." We Vets feel a bond, you see. I don't have that bond with the spouse of a Veteran. Sure, I can have a conversation with a spouse. But when push comes to shove, I have absolutely nothing in common with that spouse. That spouse didn't wear the uniform and they just don't "get it." They think they do, but they don't. But put me next to a Veteran and he or she is my brother or sister. Instantly.
Brothers and sisters, beware. When you're on the boards and an "Advocate" answers your questions, ask that "Advocate" where they got their qualifications. Are they trained in VA Law? Can they back up their answers? Life experience is good, Invisible Reader. I have a lot of that. I share it with friends and strangers. But I don't call myself an "Advocate" and I abhor those who do.
Until the next time...
Wednesday, November 18, 2009
Sunday, November 15, 2009
131,000 Homeless Veterans? Bullshit.
An article came through my email this morning about the plight of homeless Veterans. I know, Invisible Readers, this is not something I usually talk about. I usually write about my battles with the VA. I'm wrapped up in my own troubles. I read this article and something jumped out at me. The number 131,000.
ONE HUNDRED THIRTY ONE THOUSAND. That number comes from the US Department of Veterans Affairs. 131,000 of our nations 24 million Veterans are homeless according to the DVA. I'm sitting here shaking my head in disbelief. Not because there are homeless Veterans. I know there are homeless Veterans. I see them all the time. They are sleeping in tent cities all over Florida. They are at the Salvation when I used to go to Ocala back when I was still being represented by the DAV (shudder). They are on the side of the road begging for money. They are sleeping on benches, under viaducts, on the beaches.
131,000. Bullshit.
I don't believe it. I think that number is way too low. I think the DVA is hiding the real number. There are thousands upon thousands of homeless Veterans who don't know they are entitled to benefits. I met one last week. Does the DVA know about her? Absolutely not. I gave her my name and my phone number. I told her I would help her. 131,001. Bullshit. That's just one Veteran. She was living in a campgrounds. She had enough money to stay there for two weeks. Hot showers. Other Veterans in the campgrounds were helping with food for her and her dog. I talked to the GM of the campgrounds to give her a Veterans discount that she didn't know she was entitled to. Hopefully they will refund some of the money that she paid for her campsite.
Wow... talk about odd coincidence ... as I was writing the last paragraph I received a text message from another Veteran friend of mine. I had reached out to her to try to get help for the young Veteran I met last week. You see, there is something unique about the young woman I met last week. She is a male to female transgender. She is very early in her transition. Do you think the VA wants anything to do with her? We can't even get the VA to recognize that the LGBT Community has specific needs that need to be addressed. Most of us are not even "out" to our health care facilitators. Anyway ... the friend I reached out to sent me a message to call "Maddie." I called Maddie and she wanted to thank me. Because I reached out to my friend, Maddie might have found a place to live, something she can afford on her social security income of $800 a month. One Veteran reaching out to another. Back to 131,000. According to the DVA. Oh wait, the DVA didn't know about Maddie.
There is an organization trying to get the DVA to recognize the LGBT Community. Right now I am the only member in the Florida Chapter. Other Chapters around the Country have had great success in getting VA Hospitals to open up LGBT Support Groups staffed by VA Psychologists. Here in Florida, I haven't had much luck. I was told that it's not possible when I spoke to the staff psychologists at my VA Hospital. I was told that it's "reverse discrimination." I was told they can't have "separate groups" based on gender, religion, etc. Other VA Hospitals can do it. Why not here in Florida? If you are interested in checking out the organization I'm talking about it's called Vets Do Ask Do Tell.
This is the Mission Statement of Vets Do Ask Do Tell:
The best way to access their website is to go to this page. If you're in Florida and you'd like to join me you can do so through the website. It's lonely being the Chapter Commander with no one in my Chapter.
I've jumped all over the place in this blog. I know that. I'm pissed, Invisible Reader. 131,000 homeless Veterans. Bullshit. That number is much higher and we all know it. The DVA knows it. Supposedly "they" are walking the streets, going into the tent cities, trying to "recruit" these Veterans, teaching them, telling them about their benefits, trying to help them. But tell me this. They feel betrayed. They feel used and abused. They don't trust the system. They don't trust anyone but their brothers and sisters they served with. Why should they trust these strangers coming into their camps? Why should they trust the very system that used them and then turned its collective back on them? Promises of money? Promises of a roof over their head? Where? In overcrowded homeless shelters? In the new Veterans shelters they are building? There isn't near enough room for all the Vets living on the streets.
Every day, every hour, every minute another Vet is homeless. Veterans are losing their homes because the VA is so backlogged it's taking forever to process our claims. The new GI Bill is a bust. Promises of money is a friggin' joke. Veterans are dying before claims and appeals are ever processed. And we should trust the DVA why? 131,000 homeless Veterans. Bullshit.
Until the next time ...
ONE HUNDRED THIRTY ONE THOUSAND. That number comes from the US Department of Veterans Affairs. 131,000 of our nations 24 million Veterans are homeless according to the DVA. I'm sitting here shaking my head in disbelief. Not because there are homeless Veterans. I know there are homeless Veterans. I see them all the time. They are sleeping in tent cities all over Florida. They are at the Salvation when I used to go to Ocala back when I was still being represented by the DAV (shudder). They are on the side of the road begging for money. They are sleeping on benches, under viaducts, on the beaches.
131,000. Bullshit.
I don't believe it. I think that number is way too low. I think the DVA is hiding the real number. There are thousands upon thousands of homeless Veterans who don't know they are entitled to benefits. I met one last week. Does the DVA know about her? Absolutely not. I gave her my name and my phone number. I told her I would help her. 131,001. Bullshit. That's just one Veteran. She was living in a campgrounds. She had enough money to stay there for two weeks. Hot showers. Other Veterans in the campgrounds were helping with food for her and her dog. I talked to the GM of the campgrounds to give her a Veterans discount that she didn't know she was entitled to. Hopefully they will refund some of the money that she paid for her campsite.
Wow... talk about odd coincidence ... as I was writing the last paragraph I received a text message from another Veteran friend of mine. I had reached out to her to try to get help for the young Veteran I met last week. You see, there is something unique about the young woman I met last week. She is a male to female transgender. She is very early in her transition. Do you think the VA wants anything to do with her? We can't even get the VA to recognize that the LGBT Community has specific needs that need to be addressed. Most of us are not even "out" to our health care facilitators. Anyway ... the friend I reached out to sent me a message to call "Maddie." I called Maddie and she wanted to thank me. Because I reached out to my friend, Maddie might have found a place to live, something she can afford on her social security income of $800 a month. One Veteran reaching out to another. Back to 131,000. According to the DVA. Oh wait, the DVA didn't know about Maddie.
There is an organization trying to get the DVA to recognize the LGBT Community. Right now I am the only member in the Florida Chapter. Other Chapters around the Country have had great success in getting VA Hospitals to open up LGBT Support Groups staffed by VA Psychologists. Here in Florida, I haven't had much luck. I was told that it's not possible when I spoke to the staff psychologists at my VA Hospital. I was told that it's "reverse discrimination." I was told they can't have "separate groups" based on gender, religion, etc. Other VA Hospitals can do it. Why not here in Florida? If you are interested in checking out the organization I'm talking about it's called Vets Do Ask Do Tell.
This is the Mission Statement of Vets Do Ask Do Tell:
The overall mission of the Vets Do Ask Do Tell, LLC is to bring awareness to and educate Lesbian, Gay, Bi-Sexual and Transgender veterans of the Veterans Administration programs that are targeted to their specific needs. To consolidate information important to these veterans and give National awareness and education about programs that may not be known by all LGBT veterans. To provide educational resources that may be needed to pursue benefits they are entitled to.
The best way to access their website is to go to this page. If you're in Florida and you'd like to join me you can do so through the website. It's lonely being the Chapter Commander with no one in my Chapter.
I've jumped all over the place in this blog. I know that. I'm pissed, Invisible Reader. 131,000 homeless Veterans. Bullshit. That number is much higher and we all know it. The DVA knows it. Supposedly "they" are walking the streets, going into the tent cities, trying to "recruit" these Veterans, teaching them, telling them about their benefits, trying to help them. But tell me this. They feel betrayed. They feel used and abused. They don't trust the system. They don't trust anyone but their brothers and sisters they served with. Why should they trust these strangers coming into their camps? Why should they trust the very system that used them and then turned its collective back on them? Promises of money? Promises of a roof over their head? Where? In overcrowded homeless shelters? In the new Veterans shelters they are building? There isn't near enough room for all the Vets living on the streets.
Every day, every hour, every minute another Vet is homeless. Veterans are losing their homes because the VA is so backlogged it's taking forever to process our claims. The new GI Bill is a bust. Promises of money is a friggin' joke. Veterans are dying before claims and appeals are ever processed. And we should trust the DVA why? 131,000 homeless Veterans. Bullshit.
Until the next time ...
Thursday, November 5, 2009
Let the journey begin
You know I've been watching the mailbox. Yesterday, IT finally came. The envelope from Sean Culliton, Esq. I had expected something much thicker and heavier, not this thin, lightweight letter. Mind you, it came in a standard legal size paper envelope. Numbers have never been my thing so the dimensions have slipped my mind at the moment. But you get the idea, don't you, Invisible Reader?
I looked at it for a few moments and then I put it down on my little table just outside my bedroom. I still was not yet ready to deal with it. Odd, I've been watching the mailbox since I got off the phone with Sean. Here I had it in my hands and I put it down to look at later. It doesn't make sense, does it?
I left it on the table and went online. I answered emails, poked around on Jim's Forum, Straight Talk for Military Veterans, watched a little television. Mostly the television was on for the noise. Not that I need tv for background noise. I live in a house with two young adults barely out of their teens, 11 birds and 5 dogs. There is plenty of noise in our house. Someone or something is always barking, screeching or yelling and it's usually an animal.
Finally I decided I was dragging it out just a bit too long ... sort of like this blog, eh, Invisible Reader? I went back in the house, grabbed the envelope and opened it. Inside were 16 pages of paperwork for me to go through. Just the thought of that was enough to make me break into a cold sweat. Part of my problem these days is that I have a very difficult time concentrating on any one task for very long. Often times, these blogs take me two or three days to write. Proofing them is a real bear because I have a difficult time comprehending what I've written. How about that, Invisible Reader? Half the time I can't even understand what I've written after I've written it. Blogging for me is blood, sweat and tears. It sounds cliche but I really do pour my heart and soul into each blog that I write.
The cover letter was easy enough to understand. Basically all it covered was a standard "Thank you for contacting my office ..." and then it listed the enclosures for me to review and sign. Those are:
Enclosure 1. Contract of Representation and Statement of Clients Rights: This was the longest of the documents and the most difficult for me to get through. I'm not stupid by any means. I'm college educated and some people even think I'm "intelligent." But as I explained two paragraphs ago, I have difficulties with concentration and comprehension these days. It's a combination of the medications I take and depression. I'm sure many of you can relate. I read through eight pages of the contract several times over, making notes about the parts I was having problems with. Then I went back to those parts I was having trouble with and read them again. I emailed Sean and asked him a couple of questions and he responded right away.
The contract itself covers everything from how much the attorney will be paid to how the attorney will be paid. It covers how expenses will be paid, what legal services are to be provided. It also addresses the responsibilities the attorney and client have to each other in terms of keeping the lines of communication open. (I like that part.) The contract gives the Department of Veterans Affairs the right the pay the Attorney directly out of the back pay if I win my case. It gives me the right to fire my Attorney but it tells me I have to pay him if I do. It says that there are no guarantees that the attorney will win this case for me.
That's the meat of the contract as I understand it. There's more stuff, of course, but in my opinion, those are the most important items.
Enclosure 2. Statement of Client's Rights: The title is self explanatory. A lot of legal terms explaining your rights. The introduction states. "This statement is not a part of the actual contract between you and your lawyer, but as a prospective client, you should be aware of these rights."
This document covered the fees a lawyer can charge a client, the time you have to cancel the contract, questions you have a right to ask when hiring an attorney. It states before signing a contingent fee contract, a lawyer must advise you whether the lawyer intends to handle the case alone or whether other lawyers will be assisting. (Good to know!) You, the client, have to right to consult with each lawyer who is working on your case. It covers how expenses are handled which is good to know. Are there adverse effects if your case is lost? You have the right to be told that as well. You, the client, have the right to receive and approve a closing statement at the end of the case before you pay any money. This must be in the form of a detailed statement. Of course, you have the right to know how your case is progressing! If a settlement is offered, you have a right to know about that and the decision is yours to make.
If at any time you believe that you have been charged an excessive or illegal fee, you have the right to report the matter to the (your state here) Bar, the agency that overseas the practice and behavior of all the lawyers in (your state here).
Enclosure 3. VA Form 21-22a, Appointment of Individual as Claimant's Representative: This is an easy one, Invisible Reader. At one time or other, most of us have filled this out before. This is what gives those VSO's or other representatives the right to prepare our claims and represent us.
Enclosure 4. VA Form 10-5345, Request for and Authorization to Release Medical Requests or Health Information: I've filled these out more times than I can count. Every time I submit a claim and have to pull medical records from all the places that I've been treated (I've moved all over the United Stated since I retired from the Army in 1994), I have to sign tons of these. I'm sure you have too, Invisible Reader, if you have a gypsy soul like I do.
Enclosure 5. SF 180, Request Pertaining to Military Records How many of THESE have we all filled out over the years and sent them off to St Louis trying to pull medical records, 201 Files, DD Form 214's, awards and decorations? Most of us think of St Louis as the black hole. We send off requests for records and we never hear anything back or we get replies back that our records were destroyed in the fire. The only thing I've had success with is getting copies of my DD214. For that I use the eVetrecs Link. I've been using it for years and I can usually get a DD214 in 4-6 weeks. But, the lawyer wants a signed copy of the SF180 so he's getting it.
I have to point out that while I was sorting through all this paperwork I had the ABC Soaps on in the background. Yes, I admit it. I am a soap opera addict and I have been since grade school. I have stuck with the ABC soaps and have never wavered from them. Over the last few weeks I have been so wrapped up in all my doctor appointments and Veterans activities that even though they are on in the background, I haven't been paying much attention to the story lines. It won't take much to catch up. In soap time I've probably only missed a day or two. General Hospital was on and I happened to look up at the television in time to see two of the characters (I'm not even sure who they were but a quick peek to my favorite soap website will tell me) up to their necks in what appeared to be very cold water. It looked like they were on the verge of drowning but they were fighting to stay afloat and alive. In that one moment, that was how I felt as I sat there going through all those legal documents. Looking at them I knew exactly how they might have felt if what I was watching had been real. It was torture trying to keep it together and figure it out.
The final enclosure. HIPPA Release and Authorization: I think by now most of us now what "HIPPA" is, at least in concept. It's that law that means that I can't call the hospital anymore and ask how my best friend in bed number 4B is doing after her car accident. This release authorizes anyone to release information to or speak to my attorney about any or all of my health care issues.
Just as it took me several hours to decipher the letter from my attorney, it's taken me several hours to write the last few paragraphs. I'm sure I oversimplified much of the text of the documents, but you should have the basic idea of the contract. It seems to be a fairly straight forward contract. It spells everything out clearly enough once you get through the legal jargon. There are protections built into the contract for both of us. He gets paid if I get paid. If he screws me over and I'm smart enough to catch him at it (there's the catch, Invisible Reader), he's in for the ride of his life. I've signed the releases so he now has access to my entire military and medical history.
A very wise man said to me recently (& he knows who he is, Jim), I have to be able to let go of my claim and let Sean do the work. I was an Admin NCO in the Army. After the Army I managed high dollar businesses for a living. I even went into Army recruiting as a civilian for a while. I'm used to being in charge of details. I let go of my claim to the DAV. I trusted them and they screwed me. They failed to do the job I hired them to do. Letting go is something I will have to get used to. Trusting is something I will have to learn. (I'm drowning here.)
On another note. An anonymous poster left a comment on my last blog that I rejected. This anonymous poster said that while I sound, "literate and organized" (gee, thanks) he sees no reason why I cannot work. He said that he is 70% and works every day and he is sure there is some kind of work out there that I can do. He said that he would not request 100% IU and neither should I.
I rejected his post. I can't stand a coward. If you have something to say to me, at least have the guts to put your name to it. Thanks, I think, for your offhand compliment. I'm "literate and organized"? Ya think? What does that have to do with anything? If you are able to work at 70%, that's great, pal. More power to you. Congrats.
Guess what. I am not you. My guess is you are one of those VSO's out there who tells Veteran's like myself that it can't be done. You are one of those VSO's who won't work hard for a fellow Veteran. I make this assumption based on your statement about the "facts of my case" that you commented on. I'll tell you what, fellow, when you've walked a mile in my shoes .... oh, wait ... I can't walk one block ... never mind. Moot point.
Until the next time ....
I looked at it for a few moments and then I put it down on my little table just outside my bedroom. I still was not yet ready to deal with it. Odd, I've been watching the mailbox since I got off the phone with Sean. Here I had it in my hands and I put it down to look at later. It doesn't make sense, does it?
I left it on the table and went online. I answered emails, poked around on Jim's Forum, Straight Talk for Military Veterans, watched a little television. Mostly the television was on for the noise. Not that I need tv for background noise. I live in a house with two young adults barely out of their teens, 11 birds and 5 dogs. There is plenty of noise in our house. Someone or something is always barking, screeching or yelling and it's usually an animal.
Finally I decided I was dragging it out just a bit too long ... sort of like this blog, eh, Invisible Reader? I went back in the house, grabbed the envelope and opened it. Inside were 16 pages of paperwork for me to go through. Just the thought of that was enough to make me break into a cold sweat. Part of my problem these days is that I have a very difficult time concentrating on any one task for very long. Often times, these blogs take me two or three days to write. Proofing them is a real bear because I have a difficult time comprehending what I've written. How about that, Invisible Reader? Half the time I can't even understand what I've written after I've written it. Blogging for me is blood, sweat and tears. It sounds cliche but I really do pour my heart and soul into each blog that I write.
The cover letter was easy enough to understand. Basically all it covered was a standard "Thank you for contacting my office ..." and then it listed the enclosures for me to review and sign. Those are:
Enclosure 1. Contract of Representation and Statement of Clients Rights: This was the longest of the documents and the most difficult for me to get through. I'm not stupid by any means. I'm college educated and some people even think I'm "intelligent." But as I explained two paragraphs ago, I have difficulties with concentration and comprehension these days. It's a combination of the medications I take and depression. I'm sure many of you can relate. I read through eight pages of the contract several times over, making notes about the parts I was having problems with. Then I went back to those parts I was having trouble with and read them again. I emailed Sean and asked him a couple of questions and he responded right away.
The contract itself covers everything from how much the attorney will be paid to how the attorney will be paid. It covers how expenses will be paid, what legal services are to be provided. It also addresses the responsibilities the attorney and client have to each other in terms of keeping the lines of communication open. (I like that part.) The contract gives the Department of Veterans Affairs the right the pay the Attorney directly out of the back pay if I win my case. It gives me the right to fire my Attorney but it tells me I have to pay him if I do. It says that there are no guarantees that the attorney will win this case for me.
That's the meat of the contract as I understand it. There's more stuff, of course, but in my opinion, those are the most important items.
Enclosure 2. Statement of Client's Rights: The title is self explanatory. A lot of legal terms explaining your rights. The introduction states. "This statement is not a part of the actual contract between you and your lawyer, but as a prospective client, you should be aware of these rights."
This document covered the fees a lawyer can charge a client, the time you have to cancel the contract, questions you have a right to ask when hiring an attorney. It states before signing a contingent fee contract, a lawyer must advise you whether the lawyer intends to handle the case alone or whether other lawyers will be assisting. (Good to know!) You, the client, have to right to consult with each lawyer who is working on your case. It covers how expenses are handled which is good to know. Are there adverse effects if your case is lost? You have the right to be told that as well. You, the client, have the right to receive and approve a closing statement at the end of the case before you pay any money. This must be in the form of a detailed statement. Of course, you have the right to know how your case is progressing! If a settlement is offered, you have a right to know about that and the decision is yours to make.
If at any time you believe that you have been charged an excessive or illegal fee, you have the right to report the matter to the (your state here) Bar, the agency that overseas the practice and behavior of all the lawyers in (your state here).
Enclosure 3. VA Form 21-22a, Appointment of Individual as Claimant's Representative: This is an easy one, Invisible Reader. At one time or other, most of us have filled this out before. This is what gives those VSO's or other representatives the right to prepare our claims and represent us.
Enclosure 4. VA Form 10-5345, Request for and Authorization to Release Medical Requests or Health Information: I've filled these out more times than I can count. Every time I submit a claim and have to pull medical records from all the places that I've been treated (I've moved all over the United Stated since I retired from the Army in 1994), I have to sign tons of these. I'm sure you have too, Invisible Reader, if you have a gypsy soul like I do.
Enclosure 5. SF 180, Request Pertaining to Military Records How many of THESE have we all filled out over the years and sent them off to St Louis trying to pull medical records, 201 Files, DD Form 214's, awards and decorations? Most of us think of St Louis as the black hole. We send off requests for records and we never hear anything back or we get replies back that our records were destroyed in the fire. The only thing I've had success with is getting copies of my DD214. For that I use the eVetrecs Link. I've been using it for years and I can usually get a DD214 in 4-6 weeks. But, the lawyer wants a signed copy of the SF180 so he's getting it.
I have to point out that while I was sorting through all this paperwork I had the ABC Soaps on in the background. Yes, I admit it. I am a soap opera addict and I have been since grade school. I have stuck with the ABC soaps and have never wavered from them. Over the last few weeks I have been so wrapped up in all my doctor appointments and Veterans activities that even though they are on in the background, I haven't been paying much attention to the story lines. It won't take much to catch up. In soap time I've probably only missed a day or two. General Hospital was on and I happened to look up at the television in time to see two of the characters (I'm not even sure who they were but a quick peek to my favorite soap website will tell me) up to their necks in what appeared to be very cold water. It looked like they were on the verge of drowning but they were fighting to stay afloat and alive. In that one moment, that was how I felt as I sat there going through all those legal documents. Looking at them I knew exactly how they might have felt if what I was watching had been real. It was torture trying to keep it together and figure it out.
The final enclosure. HIPPA Release and Authorization: I think by now most of us now what "HIPPA" is, at least in concept. It's that law that means that I can't call the hospital anymore and ask how my best friend in bed number 4B is doing after her car accident. This release authorizes anyone to release information to or speak to my attorney about any or all of my health care issues.
Just as it took me several hours to decipher the letter from my attorney, it's taken me several hours to write the last few paragraphs. I'm sure I oversimplified much of the text of the documents, but you should have the basic idea of the contract. It seems to be a fairly straight forward contract. It spells everything out clearly enough once you get through the legal jargon. There are protections built into the contract for both of us. He gets paid if I get paid. If he screws me over and I'm smart enough to catch him at it (there's the catch, Invisible Reader), he's in for the ride of his life. I've signed the releases so he now has access to my entire military and medical history.
A very wise man said to me recently (& he knows who he is, Jim), I have to be able to let go of my claim and let Sean do the work. I was an Admin NCO in the Army. After the Army I managed high dollar businesses for a living. I even went into Army recruiting as a civilian for a while. I'm used to being in charge of details. I let go of my claim to the DAV. I trusted them and they screwed me. They failed to do the job I hired them to do. Letting go is something I will have to get used to. Trusting is something I will have to learn. (I'm drowning here.)
On another note. An anonymous poster left a comment on my last blog that I rejected. This anonymous poster said that while I sound, "literate and organized" (gee, thanks) he sees no reason why I cannot work. He said that he is 70% and works every day and he is sure there is some kind of work out there that I can do. He said that he would not request 100% IU and neither should I.
I rejected his post. I can't stand a coward. If you have something to say to me, at least have the guts to put your name to it. Thanks, I think, for your offhand compliment. I'm "literate and organized"? Ya think? What does that have to do with anything? If you are able to work at 70%, that's great, pal. More power to you. Congrats.
Guess what. I am not you. My guess is you are one of those VSO's out there who tells Veteran's like myself that it can't be done. You are one of those VSO's who won't work hard for a fellow Veteran. I make this assumption based on your statement about the "facts of my case" that you commented on. I'll tell you what, fellow, when you've walked a mile in my shoes .... oh, wait ... I can't walk one block ... never mind. Moot point.
Until the next time ....
Wednesday, October 28, 2009
Let's Get This Party Started
Hello Invisible Reader. Are you ready to embark on the rest of this journey with me? You stuck with me while I waited for my VA claim to come in. You stuck with me while I waited for my Social Security claim to come in. Will you stick with me now? Great, I knew you would. You're devoted to me. I love it. Nevertheless, I seem to be picking up new readers so bear with me will I recap the situation for those who don't want to read the previous blogs. The VA increased my disability to 80% but denied my claim for 100% for individual unemployability. The very same week that came back disapproved I was approved for social security disability. Social Security approved me based on my service connected disabilities using the medical records they received from the Tampa VA Hospital. Same evidence, same basic claim, two very different decisions.
I scanned the decision from the VARO and emailed it to Veterans Advocate, Jim Strickland, who has been advising me for several months now. If you're new to this blog or new to the world of Veterans benefits and claims, Jim Strickland is a name you want to remember. Jim publishes columns on various Veterans websites. Check out http://www.vawatchdog.org or http://www.military.com and you'll see his work there. Jim also has his own website, The A to Z Guide to VA Disability Benefits located at http://www.jimstrickland912.com. Anything you want to know is in that website. If you can't find help there, join us on Jim's new Google Group, "Straight Talk for Military Veterans" at http://groups.google.com/group/straight-talk-for-military-veterans?hl=en. I'm one of the moderators of the group so you'll catch me there. I will make sure someone answers your questions.
As usual ... I got sidetracked. Where was I? Oh, right. When my denial came in, I forwarded the entire packet to Jim for his review. Jim is a firm believer in do it yourself claims and he'll be the first person to tell you that. Read his guide and handle your own claim. Do it yourself, he says. You are the only person who really gives a shit about you. He doesn't swear like that. Those are my own curse words. Well, maybe he does swear like that. It doesn't matter. You get the point. Represent yourself. Do it yourself.
Imagine my surprise when I got his response back and it read, "You need a lawyer."
That statement coming from the man who preaches doing it yourself was so powerful that it took my breath away. I was speechless. Surely an evil spirit had taken over Jim's body and soul. Did I read that right? Mister do-it-yourself was telling me to get a lawyer? Surely (Don't call Jim "Surely") there was a mistake. We exchanged a few more emails back and forth and of course, I'm following his advice. He hasn't steered me wrong yet.
I admit, it took me a couple of weeks to get off my fourth point of contact before I called the lawyer. I wanted to read everything I could get my hands on about appealing VA claims before I spoke with the attorney. I'm one of those people who has to know about something before I attempt to speak about it. I hate to appear ignorant. I know, I know, the attorney is going to do all the work. Why do I need to do any research? Because I do. I just have this need to know. You can understand that, can't you, Invisible Reader?
The three best sources I found were (1) on the VA's own website and (2) on Jim's website.
Here are Jim's links easily found on his "A to Z" website:
http://www.jimstrickland912.com/I.html
http://www.jimstrickland912.com/N.html
This document comes from the VA website and discusses the requirements for Individual Unemployability. I applied for it. I was denied. I meet the requirements.
Jim referred me to his friend, Sean Culliton. You can check him out here: www.seanculliton.com. Sean is accredited by the Veterans Administration (VA) to represent veterans and their dependents in matters before the Veterans Administration, including appeals of the denial of benefits.
When I called Sean's office I spoke with Katie, one of his clerks. Katie was easy to speak to, pleasant and very apologetic as she explained to me that Sean was not in the office. She said it was his practice to personally speak with every Veteran who called in to consult with him. Katie took down all my basic information and promised Sean would call me the very next day at 4:30. That's 1630 for you military types.
At 4:30 the next day, Mr. ("please call me Sean. I'm serious about my work but casual about everything else") Culliton called me. I shouldn't have worried about reading up on the appeals process. As always, Jim was right. I had been wasting time. (I hope Jim doesn't read this 'cause he'll tell me, "I told you so".) Sean went over the entire appeals process with me. He asked questions about EVERYTHING and didn't seem the least bit shocked when I gave him some very graphic answers. I'm sure in his line of work with Veterans he's heard it all and then some.
Of course he can't guarantee he will win the appeal for me. But the way that I figure it is this. I'm not paying him a dime. He's working on a contingency basis. If I lose my appeal, he gets nothing. I have to assume he thinks I have a better than average shot at winning my appeal. He had the documents in front of him. My PC crashed and of course the copies I had scanned in were on my PC, but there was Jim to the rescue. He had them saved on Google documents and had sent them to Sean to review before we spoke on the phone.
I don't think Sean is a Veteran but he is very passionate about working with Veterans. He is a firm believer that Veterans are entitled to all the benefits we earned for serving our country. I got the impression that he is PISSED that it takes us so long to get them. He is PISSED that we have to fight so hard for them. Sean started talking about "due process." He told me that it's sickening that murderers, rapists and child molesters are entitled to it. Until recently, Veterans were not entitled to it. That's why it takes years for appeals to be heard and decided on. Criminals are entitled to due process but those of us who served our country were not. That's changed, my brothers and sisters. Sean wrote a great article about it and Jim has it on his website. Check it out here: http://jimstrickland912.com/Due_Process.html. It's good stuff. If you want to read an article about a Veteran who wishes he had "due process" going for him, read this article recently published on VA Watchdog dot Org: http://www.vawatchdog.org/09/nf09/nfoct09/nf102909-2.htm.
I'm watching my mailbox now. Sean is sending me a packet of paperwork to review and sign. The law limits the amount of my back pay he can take as payment, but quite honestly, this isn't about the back pay. Okay, I can use the money. Who can't? I'd like to buy myself a nice little house, a place to call my own. It's about what's right and fair. I average between 8 & 10 doctor appointments a month. It's over a one hour drive to the VA Hospital. If I have to wait for medications, add another hour to my day in addition to the time I spend with the doctors. At least once a month I have to stop in for lab work so that adds extra time to my day. I have to stop in at the pay cage each time I go to the VA Hospital so that I can give gas money to whomever has driven me that day. Parking at the VA Hospital in Tampa is a real bitch. They send out a letter warning you how bad it is, advising you to arrive an hour prior to your appointment just to find parking. How's that for bad? My "drivers" usually drop me off and then go find parking, but I feel bad for them having to deal with that mess.
Do you see where I'm going with this, Invisible Reader? I know. It's sometimes hard to follow my train of thought so I'll explain. My claim for 100% based on unemployability was denied because the Physicians Assistant who did my comp and pension exam said that I was capable of "sedentary employment with frequent breaks and position changes." The idiot who looked at the evidence I submitted took that statement, ignored other key evidence I had submitted and denied my claim. Tell me something, if I came to you for employment and told you how I needed to be accommodated, would you hire me? Or would you send me a rejection letter stating you had hired someone more qualified to fill the position. I would do the latter. I've done it. It's not discrimination. And if it is, it's so subtle that I couldn't be charged with discrimination. I'm also the kind of employee I wouldn't want to keep. I wouldn't want an employee working for me who can't sit for long periods, can't stand for long periods, falls asleep on the job because of narcotic medications, can't concentrate, can't understand basic instructions because of medications and needs constant breaks. That is not a productive employee. Whomever decided my claim has obviously never run a business. If they have, they probably ran that business into the ground. I'd fire a manager like that.
Stick with me, Invisible Reader. We're on another journey. I have no idea how long this one will take. Remember, this journey is a continuance of the trip that started in October 2008. We won part of the battle. The VARO did increase my disability to 80%. They service connected me for depression and after 15 years of fighting they finally service connected my right knee. Fifteen years! Can you imagine that? I wonder if I'm entitled to back pay? I'll have to ask Sean about that.
Until the next time ...
I scanned the decision from the VARO and emailed it to Veterans Advocate, Jim Strickland, who has been advising me for several months now. If you're new to this blog or new to the world of Veterans benefits and claims, Jim Strickland is a name you want to remember. Jim publishes columns on various Veterans websites. Check out http://www.vawatchdog.org or http://www.military.com and you'll see his work there. Jim also has his own website, The A to Z Guide to VA Disability Benefits located at http://www.jimstrickland912.com. Anything you want to know is in that website. If you can't find help there, join us on Jim's new Google Group, "Straight Talk for Military Veterans" at http://groups.google.com/group/straight-talk-for-military-veterans?hl=en. I'm one of the moderators of the group so you'll catch me there. I will make sure someone answers your questions.
As usual ... I got sidetracked. Where was I? Oh, right. When my denial came in, I forwarded the entire packet to Jim for his review. Jim is a firm believer in do it yourself claims and he'll be the first person to tell you that. Read his guide and handle your own claim. Do it yourself, he says. You are the only person who really gives a shit about you. He doesn't swear like that. Those are my own curse words. Well, maybe he does swear like that. It doesn't matter. You get the point. Represent yourself. Do it yourself.
Imagine my surprise when I got his response back and it read, "You need a lawyer."
That statement coming from the man who preaches doing it yourself was so powerful that it took my breath away. I was speechless. Surely an evil spirit had taken over Jim's body and soul. Did I read that right? Mister do-it-yourself was telling me to get a lawyer? Surely (Don't call Jim "Surely") there was a mistake. We exchanged a few more emails back and forth and of course, I'm following his advice. He hasn't steered me wrong yet.
I admit, it took me a couple of weeks to get off my fourth point of contact before I called the lawyer. I wanted to read everything I could get my hands on about appealing VA claims before I spoke with the attorney. I'm one of those people who has to know about something before I attempt to speak about it. I hate to appear ignorant. I know, I know, the attorney is going to do all the work. Why do I need to do any research? Because I do. I just have this need to know. You can understand that, can't you, Invisible Reader?
The three best sources I found were (1) on the VA's own website and (2) on Jim's website.
Here are Jim's links easily found on his "A to Z" website:
http://www.jimstrickland912.com/I.html
http://www.jimstrickland912.com/N.html
This document comes from the VA website and discusses the requirements for Individual Unemployability. I applied for it. I was denied. I meet the requirements.
Department of Veterans Affairs
Individual Unemployability Fact Sheet
What Is Individual Unemployability?
Individual Unemployability is a part of VA’s disability compensation program that allows VA to pay certain veterans compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the total level.
What Is the Eligibility Criteria for Individual Unemployability?
A veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have:
• One service-connected disability ratable at 60 percent or more, OR
• Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
How Do I Apply?
• Submit VA Form 21-8940, “Veteran’s Application for Increased Compensation Based on Unemployability”
• Send application to your nearest VA Regional Office. To find the closest regional office to you, go to http://www1.va.gov/directory/guide/home.asp?isFlash=1 The application can be downloaded at http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf or call 1-800-827-1000 and request the form be mailed to you.
Can I Work?
Veterans who are in receipt of Individual Unemployability benefits may work as long as it is not considered substantially gainful employment. The employment must be considered marginal employment.
• Substantially gainful employment is defined as employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides.
• Marginal employment is generally deemed to exist when a veteran's earned income does not exceed the amount established by the U.S. Census Bureau as the poverty level for the veteran only. For more information on the U.S. Census Bureau's poverty thresholds, see http://www.census.gov/hhes/www/poverty/threshld.html
What If I Don’t Meet the Percentage Criteria?
Special consideration will be given for veterans when the following criteria is met:
• The veteran is considered unemployable due to a service-connected disability(ies) but fails to meet the minimum percentage standards, OR
• There is evidence of exceptional or unusual circumstances to impairment of earning capacity due to disabilities (for example, interference with employment or frequent periods of hospitalization)
Note: Veterans may have to complete an employment questionnaire once a year in order for VA to determine continued eligibility to Individual Unemployability.
For More Information, Call Toll-Free 1-800-827-1000
or Visit Our Web Site at http://www..va.gov.
Compensation and Pension Service – October 2008
Jim referred me to his friend, Sean Culliton. You can check him out here: www.seanculliton.com. Sean is accredited by the Veterans Administration (VA) to represent veterans and their dependents in matters before the Veterans Administration, including appeals of the denial of benefits.
When I called Sean's office I spoke with Katie, one of his clerks. Katie was easy to speak to, pleasant and very apologetic as she explained to me that Sean was not in the office. She said it was his practice to personally speak with every Veteran who called in to consult with him. Katie took down all my basic information and promised Sean would call me the very next day at 4:30. That's 1630 for you military types.
At 4:30 the next day, Mr. ("please call me Sean. I'm serious about my work but casual about everything else") Culliton called me. I shouldn't have worried about reading up on the appeals process. As always, Jim was right. I had been wasting time. (I hope Jim doesn't read this 'cause he'll tell me, "I told you so".) Sean went over the entire appeals process with me. He asked questions about EVERYTHING and didn't seem the least bit shocked when I gave him some very graphic answers. I'm sure in his line of work with Veterans he's heard it all and then some.
Of course he can't guarantee he will win the appeal for me. But the way that I figure it is this. I'm not paying him a dime. He's working on a contingency basis. If I lose my appeal, he gets nothing. I have to assume he thinks I have a better than average shot at winning my appeal. He had the documents in front of him. My PC crashed and of course the copies I had scanned in were on my PC, but there was Jim to the rescue. He had them saved on Google documents and had sent them to Sean to review before we spoke on the phone.
I don't think Sean is a Veteran but he is very passionate about working with Veterans. He is a firm believer that Veterans are entitled to all the benefits we earned for serving our country. I got the impression that he is PISSED that it takes us so long to get them. He is PISSED that we have to fight so hard for them. Sean started talking about "due process." He told me that it's sickening that murderers, rapists and child molesters are entitled to it. Until recently, Veterans were not entitled to it. That's why it takes years for appeals to be heard and decided on. Criminals are entitled to due process but those of us who served our country were not. That's changed, my brothers and sisters. Sean wrote a great article about it and Jim has it on his website. Check it out here: http://jimstrickland912.com/Due_Process.html. It's good stuff. If you want to read an article about a Veteran who wishes he had "due process" going for him, read this article recently published on VA Watchdog dot Org: http://www.vawatchdog.org/09/nf09/nfoct09/nf102909-2.htm.
I'm watching my mailbox now. Sean is sending me a packet of paperwork to review and sign. The law limits the amount of my back pay he can take as payment, but quite honestly, this isn't about the back pay. Okay, I can use the money. Who can't? I'd like to buy myself a nice little house, a place to call my own. It's about what's right and fair. I average between 8 & 10 doctor appointments a month. It's over a one hour drive to the VA Hospital. If I have to wait for medications, add another hour to my day in addition to the time I spend with the doctors. At least once a month I have to stop in for lab work so that adds extra time to my day. I have to stop in at the pay cage each time I go to the VA Hospital so that I can give gas money to whomever has driven me that day. Parking at the VA Hospital in Tampa is a real bitch. They send out a letter warning you how bad it is, advising you to arrive an hour prior to your appointment just to find parking. How's that for bad? My "drivers" usually drop me off and then go find parking, but I feel bad for them having to deal with that mess.
Do you see where I'm going with this, Invisible Reader? I know. It's sometimes hard to follow my train of thought so I'll explain. My claim for 100% based on unemployability was denied because the Physicians Assistant who did my comp and pension exam said that I was capable of "sedentary employment with frequent breaks and position changes." The idiot who looked at the evidence I submitted took that statement, ignored other key evidence I had submitted and denied my claim. Tell me something, if I came to you for employment and told you how I needed to be accommodated, would you hire me? Or would you send me a rejection letter stating you had hired someone more qualified to fill the position. I would do the latter. I've done it. It's not discrimination. And if it is, it's so subtle that I couldn't be charged with discrimination. I'm also the kind of employee I wouldn't want to keep. I wouldn't want an employee working for me who can't sit for long periods, can't stand for long periods, falls asleep on the job because of narcotic medications, can't concentrate, can't understand basic instructions because of medications and needs constant breaks. That is not a productive employee. Whomever decided my claim has obviously never run a business. If they have, they probably ran that business into the ground. I'd fire a manager like that.
Stick with me, Invisible Reader. We're on another journey. I have no idea how long this one will take. Remember, this journey is a continuance of the trip that started in October 2008. We won part of the battle. The VARO did increase my disability to 80%. They service connected me for depression and after 15 years of fighting they finally service connected my right knee. Fifteen years! Can you imagine that? I wonder if I'm entitled to back pay? I'll have to ask Sean about that.
Until the next time ...
Tuesday, October 20, 2009
A surprise visit to an old friend
Hello Invisible Readers! I am on a flight to New Jersey and I have some time to kill. Actually, that is probably not a very good use of the word “kill” considering why I am on this plane.
You all know that I have been traveling for the last month or so. Three days ago, I began to unravel the 500+ emails in my inbox. Buried in there was an email from an old Army buddy of my mine, Ginny. Ginny and I met on day two of basic training, October 6, 1976. Yes, I remember the date. We hit it off immediately and we told everyone in the platoon that we were “cousins.” The other 38 women in our WAC platoon believed our story and Ginny and I have been “cousins” since that day.
Ginny and I went through basic training together at Ft McClellan, Alabama. Our next stop was Fort Jackson, South Carolina. I was training to be a clerk typist and Ginny was training to be a wheeled vehicle mechanic. We were young, innocent and full of that spirit of adventure that young people have who leave home at the age of 18 to join the Army to see the world.
Ginny and I were sent to Germany for our first tour of duty. I was stationed in Hanau and she was in Gelnhausen. In Germany, where the trains really do run on time, Gelnhausen was not that far away and we saw each other often.
It was after Germany that the miles between us got the better of us. I reenlisted and went to Fort Leonard Wood. Ginny reenlisted and went to Fort Polk. Our friendship was a strong one and the miles between us did not weaken the bonds of our friendship. Before computers and internet there were landline telephone calls and (honest!) handwritten letters often enough that we were always current in each other’s lives.
I chose to be a career soldier. Ginny chose the civilian life after serving for nine years. Ginny eventually made her way back to the Jersey Shore. When we were young, she used to tell me stories about “going down the shore” with her family so living there after she was discharged was an obvious choice for her.
My travels and temporary duties occasionally took me to New Jersey so over the years I was able to visit with Ginny. Ginny’s life went through some major challenges after she was discharged, but that is her story to tell and not mine. Through it all we remained close friends. Our friendship survived the miles, the troubles, and the tribulations and to this day, we still call each other “Cuz”.
Several years ago, Ginny was in a motorcycle accident. She was thrown from her bike and her head hit the curb. I shutter to think what would have happened to her had she not been wearing a helmet. Even with the helmet on, her accident was a life-altering event. Ginny ended up in the hospital and in rehab for months. She had to learn how to walk, talk, write, you name it, and Ginny had to learn to do it. She had to start all over from scratch. When she woke up, she had no memory of anything. Her family was strangers to her. Oddly enough, she remembered me, her “Cuz”. Through it all, Ginny’s family was there to support her. However, her biggest support came from her oldest sister, Debby.
Debby is the kind of sister I think we all want. I know Ginny counted on her for tremendous support after her accident. Debby was there for Ginny day and night, through the good times, the bad times, the temper tantrums, the smiles, the setbacks and the small victories. When Ginny wanted to fly to Chicago to see me back in 2002 so that we could attend Chicago Pride together, I remember that Debby was reluctant to let Ginny travel not just alone, but send her off to spend time with someone the family had never met. Ginny and I had been friends for 30+ years at that point and they had heard stories about me, but we have never met face to face. Debby called me and put me through the third degree over the phone. I was not offended by any of our conversation. I understood her reluctance. She was a big sister concerned about and protective of her younger sister who had beaten unbelievable odds. I had to respect that. In the end, I won Debby’s approval (I think), although knowing Ginny she would have gotten on that plane to Chicago with or without Debby’s approval. Nevertheless, I believe having Debby’s approval made it much easier for Ginny to travel.
Therefore, as I was sorting through my emails, which is what I started to explain in the first place, there was an email from Ginny. Her beloved sister, Debby, is battling lung cancer. Tomorrow, October 18th, there is a benefit for Debby to raise money to help pay her bills and support her family through these trying times. I know how expensive it can get. I watched my own father go broke while he cared for my mother for 13 months until she passed away from a brain tumor. The same tumor that killed Teddy Kenny killed my mother. My family did not have the resources available to us the Kennedy’s have and I know Ginny’s family does not have them either.
To support my friend, Ginny, to show her how much her friendship still means to me after all these years, to let her know that I still love my “Cuz”, my partner, Terri, and I are on a plane as I write this blog. We are going to the benefit for her sister, Debby. The Friends of Debby Roehm Benefit. I want to help in any way that I can.
Ginny does not know we are on the way. I called one of her sisters, Karen, to let her know that we would be there. Karen told me she would make sure that Ginny would be home. Ginny is at home waiting for a “donation” to be delivered to her house some time around noon today. That is why I cannot post this until after I surprise her. I cannot chance she will see it online somewhere.
UPDATE
After I completed the last sentence, there just was not time to work on this blog while we were in Jersey. It’s Monday, just after noon and Terri and I are already home. Now it is time for the rest of the story.
Ginny’s sister, Karen, did her part. In fact, she told the rest of the sisters that I was on my way and all morning long Ginny was receiving cryptic messages on her cell phone from her sisters wanting to know if her “delivery” had arrived yet.
For our part, the flight arrived on time although picking up the rental car proved to be a real fiasco. I thought I would save time by using a kiosk. Oh no. That did not save anytime at all. The kiosk would not accept my return ticket number. I do not use credit cards. I pay cash for everything via my debit card. When you use a debit card to pay for a rental car, the rental car companies want to see a round trip itinerary. I knew this. I had forgotten this. Shame on me. Got that worked out and FINALLY! On the road to see my “Cuz”!
It was a short ride to Ginny’s house in Jersey from the Philly airport. No more than forty minutes tops and I was getting more excited by the minute. I was worried because I knew Ginny probably had a lot to do and I did not want to hold her up from completing any last minute errands she had to get done.
Finally, we pulled into her driveway in Riverside, New Jersey. Terri and I sat in the car for a minute or so and waited for Ginny’s dogs to come to her front door. Once they started barking, then we got out of the car. I wanted them to make a LOT of noise. The look on Ginny’s face when she came to the door and saw me standing there was priceless. It was the effect I had hoped for. My “Cuz” was definitely surprised.
Ginny was stunned that we had traveled all that way for her. I told her it was important to me to do this because I know how much Debby means to her. I know how much Debby has done for Ginny over the years. I know how badly Ginny wants this benefit to be successful. And that, I told Ginny, was why Terri and I were at her doorstep. We were there to show support for the woman who took such good care of my “Cuz“ after her motorcycle accident.
Ginny’s sisters, all in on my surprise, told Ginny to take the day off. A very kind gesture on their part since there was much to do before the benefit on Sunday. I felt guilty because my intent was not to pull Ginny away from anything she had to do. Terri and I were there to help in any way that we could.
I admit I was not very good company on Saturday. Terri and I did not get a lot of sleep on Friday night. Our flight left at 7:45 on Saturday morning so we had to be at the airport at the butt crack of dawn. Getting me through security with my titanium knee is never quick, simple or easy. Oh, and going through security I lost my favorite Eddie Bauer pocket knife because I’d forgotten I had it in my backpack. It was still in there from my fishing trip the weekend prior. Oh well. I was more than willing to sacrifice my knife for Ginny and Debby. It can easily be replaced.
Ginny, Terri and I went out to lunch at the most wonderful local diner and then we headed back to Ginny’s for a short nap. That was some nap. I could hardly keep my eyes open the rest of the night. Ginny and Terri watched some kind of marathon. It was one of those criminal investigation shows. I could not stay awake long enough to decipher which one it was. At some point, I vaguely remember Terri telling me it was time to go to bed and off we went.
Sunday morning. The day of the Benefit for the Friends of Debby Roehm. At least the rain had stopped. It was still too cold for my now thinned out Florida blood. You would never know that I grew up in Chicago. Ginny got up and cooked an enormous breakfast for Terri and me. Lord O’ Mighty, I have not eaten that much food in months. I am paying for that this morning but that is another blog entirely and it is actually service connected. ;-)
Time to leave. Terri helped Ginny organize the myriad of envelopes she had containing the different kind of raffle tickets that were being sold. The sisters worked hard to generate donations and their hard work paid off. My favorite item, and the one I bought the most raffle tickets for was a beautiful silver and diamond bracelet donated by Bellagio Jewelers. The most popular item by far was a four pack of Flyers tickets. These were Philly Fans. Go figure.
The benefit for Debby was held at the Willow Brook Country Club (http://www.willowbrookcountryclub.com) in Moorestown, NJ. They generously donated the space for this benefit. A big thanks to them for that. When we arrived, friends and family members were busy working to get everything set up. I was blown away by all the donations the family received for the “Chinese Raffle.” Businesses in the area really came through and stepped up to the plate. I wish I had thought to grab one of each of their business cards. I would have liked to personally thank them all. I am not talking about small items, Invisible Reader. I am talking big-ticket items. Things like a 15” LCD computer monitor, Ryder cordless tools, gas grills, just to name a few. One donation really touched my heart. This particular donation was sent in by a little girl who raised money for Debby by selling lemonade. You hear about things like that and see stories like that on the news from time to time but until it touches you personally … well, as Forest Gump said, “That’s all I have to say about that.”
Each person paid a $25 donation to get in the door. Once in the door, the money still flowed. People were quick to buy sheets of tickets for the “Chinese Raffle.” The cost was $20 for twenty-five tickets. No one batted an eye at the cost. They just pulled out their wallets and donated. It was the same way with the 50/50 raffle. 50/50 raffle tickets were $10 for an arms length. People pulled out their wallets and donated. In addition, don’t forget, they were still buying chances for the diamond bracelet and the hockey tickets! Those tickets where $5 each.
There was so much food to be eaten that if anyone went home hungry it was their own darn fault. There were hot dogs and burgers on the grill. There were, of course, Philly cheesesteak sandwiches, and there were massive boxes of pretzels the likes of which this Chicagoan has never seen before. In addition, let us not forget my personal favorite, the sweet table.
I finally met Ginny’s family. Since 1976, I have been hearing stories about her family. I feel like I know them. After thirty-three years of friendship, it was wonderful to finally put faces to all those names. I had seen pictures, of course. GI’s have pictures of their families posted everywhere. At least we did back in the old days before computers and thumb drives. We had them in frames and hung up in our rooms, taped to the back of our doors, anywhere there was an inch of space, we glued up pictures of our families back in the States. Nevertheless, yesterday I got to meet them all and for me it was like old home week.
The highlight of my day was meeting the guest of honor, Debby. All this work, all this sharing, all this generosity, all this love was about one person. Debby. I said in the beginning of this blog that I had spoken to Debby once before when Ginny came to visit me in Chicago. I was finally going to meet Debby. Ginny introduced us and Debby gave me a big bear hug as if she had known me all my life. She thanked me for coming and I told her it was an honor to be a part of her benefit. Wild horses could not have kept me away. I reminded her of the time we talked on the phone and she remembered that call. I told her that I know how much Ginny loves her. I told her I know how important it is to Ginny to be able to help her big sis, the one she loves and respects so dearly. Debby and I were in tears. Debby said to me, “You win the award for being the first person to make me cry this afternoon.” We only spoke for a few moments. Guests were beginning to arrive and they all wanted a moment of Debby’s time. I could understand why. In that brief moment that we shared, I understood why Ginny loved her so much. One look in Debby’s eyes and you can see unconditional love and compassion for her family. That may sound corny to you, Invisible Reader, but I have always trusted my intuition. Always. It has not failed me yet.
The benefit was scheduled to run from 2:00 to 6:00. Unfortunately, I had a 7:00 a.m. appointment at the VA Hospital this morning that I could not reschedule. The latest flight that we could get out of Philly was 6:00 p.m., so Terri and I were not able to stay until the end. Let me tell you this. When we said our goodbyes and left at 3:30, people were still pouring in. The room capacity was 125 and I am positive we exceeded that limit by 1:15. Donations for the “Chinese Raffle” were still coming in at 3:30 when we left. To say the outpouring of love and support for this family and their sister blew me away, is an understatement.
It broke my heart to have to leave when we did, but sometimes you do what you must. We said our goodbyes and left for the airport. As I write this, I am still in awe of all that I saw and experienced yesterday. I heard Karen, who was selling the tickets at the door, asking people how they heard about the benefit. Apparently, total strangers to the family were showing up. One man told Karen he overheard someone talking about it. He showed up because it was a good cause. Folks, there are still good people in this world. I saw them yesterday.
I do not know how much money was raised, Invisible Reader. I have not called Ginny today. I got a text message from her late last night after I got home thanking me for flying up there and being there for her. I do not know if I won that diamond bracelet. I do not know if I won the 50/50 raffle. I won something more important. I met Debby. I met the family I have been hearing about since October 6, 1976. I was able to show support for my “Cuz“.
If you would like to donate, Invisible Reader, you are welcome to do so and your donations would be greatly appreciated. I know from my mothers own battle with cancer that whatever money was raised yesterday will be just a drop in the bucket towards paying the medical bills that have accrued and will continue to amass. You can read Debby’s story at http://www.friendsofdebbyroehm.webs.com. There you will also find a donation form to download. If everyone who reads this sends in just five or ten dollars that would add up to a buttload of money. I know times are tough, Invisible Reader. Nevertheless, do you think you can spare a few bucks for the sister of a Veteran?
This is longer than my usual blogs, I realize that. If you have stuck with me this far, Invisible Reader, I send you sincere thanks from the heart. I have posted some pictures of the benefit on my Facebook page. The link is:
http://www.facebook.com/album.php?aid=2036528&id=1462838286&l=a70851f28b
Until the next time ….
Tuesday, October 6, 2009
I've been away for a while
Hello invisible readers. I've been absent for a while. Did you miss me? Did you notice that I have been MIA? It doesn't matter. Not to be rude but I don't write this for you. I write this for me. Sometimes seeing things in writing helps me put together the pieces of the puzzle. Sometimes. Most times it helps me get rid of the anger that has built up inside me. It's been great for that. I can't tell you how glad I am that I started blogging. Having a place to release this pent up anger has been a real lifesaver.
Okay. So. I was approved for Social Security Disability. That's not to be confused with the other kind of help Social Security provides which is considered the "welfare" help. I didn't apply for that because I make too much money for that between my military retirement and my VA disability. The money I get from Social Security is actually money that I have paid into Social Security over the years from working. I'm getting my money back. This is no hand out, Invisible Reader. They are giving me back the money I have been paying into Social Security since my first paying job at the age of 15 years old. (I got a job at Dairy Queen with my best friend. Three weeks later, I came down with mono and spent the rest of the summer in bed. That was the end of that job.) I don't get medicare. I don't get medicaid. I get a check once a month around the day of my birth. In approximately three years I will be called in for another examination to see if my physical and mental conditions have improved enough for me to go back to work. If they have, that will be the end of my Social Security Disability payments.
In the meantime I am still flabbergasted over the fact that the VA disapproved my request for 100% based on Unemployability. Social Security made their decision based on the medical records they received from the Tampa VA Hospital and the letter I received from Social Security states that very clearly. But get this. The powers that be at the VA Regional Office in St Pete, FL, based their decision on the recommendation of the Physician's Assistant who did my comp and pension examination. The Chief Psychologist recommended approval but deferred to the medical decision.
How do I know this? I make it a habit to request complete copies of my medical records every couple of months. Even though it states that my C&P exam is not to be released to me, the clerk who copied my medical records in Release of Information was either too stupid to read that, or chose to ignore it, and I received a copy of it with the rest of my med records. Chalk one up to inept clerks at the Tampa VA Release of Information Office!
I just don't get how a PA's opinion can hold so much weight. He hardly examined me at all.
Anywho.
Now starts the appeals process. In my mind, it's a no brainer. The powers that be at Social Security say that I'm disabled. Shouldn't that be enough for the VA? My Primary Care Physician said that I can't work. My Vocational Rehab Counselor said that I can't work. A VA psychologist, Ph.D, type, said that I can't work. Like I said, in my mind, the appeal process should be a no brainer. All these "experts" and government officials say, in writing, that I cannot work. I thought, all I needed to do to appeal was write a response back to the VA and point out the obvious to them. The opinions of all these subject matter experts SHOULD outweigh the opinion of one friggin' Physicians Assistant who said that I am capable of "sedentary employment with frequent breaks and position changes." They have more experience, more training, more education and are certainly more qualified to decide if I am capable of working or not.
All you folks out there who have ever hired someone, let me ask you this: If you interviewed me and in the interview process I said to you, "I will need frequent breaks and position changes", would you hire me? I wouldn't hire me. I would send me a rejection letter stating that I found someone more qualified to fill the position because by law that's all I can legally do to reject someone like myself. I know this. I did it a million times when I was working and managing million dollar businesses.
My friend and advisor, Jim Strikland, knows that the VA doesn't listen to reason. Even though I have a reasonable argument, he has advised me to hire a lawyer to prepare my appeal. Of course, I will do as Jim suggests. I am his "Grasshopper." (Smile, Jim) What makes perfect sense to you and I, Invisible Reader, doesn't make sense to the VA. It doesn't matter that more qualified professionals than a "physicians assistant" have testified that I am too disabled to work. The PA made his decision and some low paid clerk at the VARO with no medical experience decided to take the path of least resistance. Maybe he even got a bonus for saving the VA money. By only bumping me up to 80% instead of 100% the back pay they owed me was minimal even though I waited almost one year for a decision. That's got to be it. I got 80% and he/she got a huge bonus for saving the VA a shitload of money.
It's all good though. I will do as a good "Grasshopper" should do. I will call the attorney as soon as I return from my vacation. In the meantime, I have a troll to play with. I like playing with trolls. Funky little creatures, those trolls.
Until the next time ....
Okay. So. I was approved for Social Security Disability. That's not to be confused with the other kind of help Social Security provides which is considered the "welfare" help. I didn't apply for that because I make too much money for that between my military retirement and my VA disability. The money I get from Social Security is actually money that I have paid into Social Security over the years from working. I'm getting my money back. This is no hand out, Invisible Reader. They are giving me back the money I have been paying into Social Security since my first paying job at the age of 15 years old. (I got a job at Dairy Queen with my best friend. Three weeks later, I came down with mono and spent the rest of the summer in bed. That was the end of that job.) I don't get medicare. I don't get medicaid. I get a check once a month around the day of my birth. In approximately three years I will be called in for another examination to see if my physical and mental conditions have improved enough for me to go back to work. If they have, that will be the end of my Social Security Disability payments.
In the meantime I am still flabbergasted over the fact that the VA disapproved my request for 100% based on Unemployability. Social Security made their decision based on the medical records they received from the Tampa VA Hospital and the letter I received from Social Security states that very clearly. But get this. The powers that be at the VA Regional Office in St Pete, FL, based their decision on the recommendation of the Physician's Assistant who did my comp and pension examination. The Chief Psychologist recommended approval but deferred to the medical decision.
How do I know this? I make it a habit to request complete copies of my medical records every couple of months. Even though it states that my C&P exam is not to be released to me, the clerk who copied my medical records in Release of Information was either too stupid to read that, or chose to ignore it, and I received a copy of it with the rest of my med records. Chalk one up to inept clerks at the Tampa VA Release of Information Office!
I just don't get how a PA's opinion can hold so much weight. He hardly examined me at all.
Anywho.
Now starts the appeals process. In my mind, it's a no brainer. The powers that be at Social Security say that I'm disabled. Shouldn't that be enough for the VA? My Primary Care Physician said that I can't work. My Vocational Rehab Counselor said that I can't work. A VA psychologist, Ph.D, type, said that I can't work. Like I said, in my mind, the appeal process should be a no brainer. All these "experts" and government officials say, in writing, that I cannot work. I thought, all I needed to do to appeal was write a response back to the VA and point out the obvious to them. The opinions of all these subject matter experts SHOULD outweigh the opinion of one friggin' Physicians Assistant who said that I am capable of "sedentary employment with frequent breaks and position changes." They have more experience, more training, more education and are certainly more qualified to decide if I am capable of working or not.
All you folks out there who have ever hired someone, let me ask you this: If you interviewed me and in the interview process I said to you, "I will need frequent breaks and position changes", would you hire me? I wouldn't hire me. I would send me a rejection letter stating that I found someone more qualified to fill the position because by law that's all I can legally do to reject someone like myself. I know this. I did it a million times when I was working and managing million dollar businesses.
My friend and advisor, Jim Strikland, knows that the VA doesn't listen to reason. Even though I have a reasonable argument, he has advised me to hire a lawyer to prepare my appeal. Of course, I will do as Jim suggests. I am his "Grasshopper." (Smile, Jim) What makes perfect sense to you and I, Invisible Reader, doesn't make sense to the VA. It doesn't matter that more qualified professionals than a "physicians assistant" have testified that I am too disabled to work. The PA made his decision and some low paid clerk at the VARO with no medical experience decided to take the path of least resistance. Maybe he even got a bonus for saving the VA money. By only bumping me up to 80% instead of 100% the back pay they owed me was minimal even though I waited almost one year for a decision. That's got to be it. I got 80% and he/she got a huge bonus for saving the VA a shitload of money.
It's all good though. I will do as a good "Grasshopper" should do. I will call the attorney as soon as I return from my vacation. In the meantime, I have a troll to play with. I like playing with trolls. Funky little creatures, those trolls.
Until the next time ....
Monday, September 21, 2009
How nuts is this?
Hello invisible readers! Did you miss me? I'm back from my vacation. I had a great time. It was wonderful to get away from Florida for a while. What a difference it made in my world and in my mood. Alas, it's back to reality. We arrived home a few hours ago. There's no point in going to sleep. I have to leave the house in about two and one-half hours to head to my least favorite place. It's back to the VA Hospital for another doctor appointment. I have four of them this week. As I said, vacation is over and it's back to reality.
Two things happened while I was away. Just before I left for California I received "unofficial notification" from the DAV that my VA Claim had been decided. The VA turned down my request for 100% based on individual unemployment. When I home arrived tonight, the official notice was waiting for me from the VA. Reading through it, there was no mention of the evidence I sent in from the VA's own Vocational Rehab Program. There was no mention of the "letter of feasibility" I sent in as evidence which clearly stated I am not "retrainable" and I am "not a candidate for gainful employment" as determined by the VA's own Vocational Rehab. There was no mention of the letter my doctor filled out stating I cannot work. What happened to that evidence? They did award me 30% for major depression and another 10% for "right knee strain". They raised my overall rating from 70% to 80%.
The second thing that happened is that I was approved for social security disability with an effective date of June 2008. The social security administration based their decision on evidence they received from the Department of Veterans Affairs.
How is it that one government agency says that I cannot work and the other says I can work? How is it they both evaluated the very same medical evidence? In reality, I have three different government agents saying I cannot work. They all based their decisions on the same medical evidence.
Not to worry though. At least ... I'm not worried. I have some things to take care of over the next few days and then I will be filing an appeal with the VA. I will win my case for 100% with the VA. And when I win it, they will owe me a shitload of money. I'm going to enjoy the hell out of that payday. You can bet I'm going to laugh all the way to the bank.
Until the next time ....
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Two things happened while I was away. Just before I left for California I received "unofficial notification" from the DAV that my VA Claim had been decided. The VA turned down my request for 100% based on individual unemployment. When I home arrived tonight, the official notice was waiting for me from the VA. Reading through it, there was no mention of the evidence I sent in from the VA's own Vocational Rehab Program. There was no mention of the "letter of feasibility" I sent in as evidence which clearly stated I am not "retrainable" and I am "not a candidate for gainful employment" as determined by the VA's own Vocational Rehab. There was no mention of the letter my doctor filled out stating I cannot work. What happened to that evidence? They did award me 30% for major depression and another 10% for "right knee strain". They raised my overall rating from 70% to 80%.
The second thing that happened is that I was approved for social security disability with an effective date of June 2008. The social security administration based their decision on evidence they received from the Department of Veterans Affairs.
How is it that one government agency says that I cannot work and the other says I can work? How is it they both evaluated the very same medical evidence? In reality, I have three different government agents saying I cannot work. They all based their decisions on the same medical evidence.
Not to worry though. At least ... I'm not worried. I have some things to take care of over the next few days and then I will be filing an appeal with the VA. I will win my case for 100% with the VA. And when I win it, they will owe me a shitload of money. I'm going to enjoy the hell out of that payday. You can bet I'm going to laugh all the way to the bank.
Until the next time ....
Saturday, September 12, 2009
I'm on vacation
Hello Invisible Reader,
Just a quick note to tell you all that as of this morning I am on vacation. I will be
boarding a flight in 8:45 a.m. to California. I haven't been out there since November 2000. That was the year my father moved out there to live with my stepmom, Bonnie. I think I'm overdue for a visit, don't you?
I'm sure I'll have a lot to tell you when I get back. Don't miss me too much.
Until the next time ...
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Just a quick note to tell you all that as of this morning I am on vacation. I will be
boarding a flight in 8:45 a.m. to California. I haven't been out there since November 2000. That was the year my father moved out there to live with my stepmom, Bonnie. I think I'm overdue for a visit, don't you?
I'm sure I'll have a lot to tell you when I get back. Don't miss me too much.
Until the next time ...
Thursday, September 10, 2009
Two Small Victories
I was sitting at the computer today ... where else would I be? when my partners daughter handed me today's mail. The first thing to catch my eye was a thicker than normal envelope from the Disabled American Veterans (DAV) National Service Office in St Pete. I'm thinking to myself, "It's got to be another solicitation for donations." They waste more money sending out crap asking for money. I've already decided they aren't getting any money from me. If you've read my previous blogs you know that I think the St Pete DAV office is a waste of good space and my National Service Officer, Karen Miller, has no business even being paid for what she does ... or doesn't do.
This wasn't any ordinary envelope. This was addressed to me personally. My hands started shaking. I slowly tore open the envelope and pulled out the two page letter inside.
In a nutshell, here is the what the letter said:
It isn't the decision I was hoping for. I called the DAV Office because there was no mention of my request for 100% disability based on Individual Unemployability with Aid & Attendance. I talked to one of the service officers and he told me it had been disapproved. He did tell me that they gave me 30% service connection for depression and 10% service connection for my right knee.
I am surprisingly calm. Like I said, it wasn't the decision I was hoping for. However, I did win two small victories. I knew this was going to be a long battle. For now, I'm going to put this aside. I am leaving for California on Saturday. Terri & I are going on a long overdue vacation and we're going to have a damn good time visiting with family and friends.
When I return, then I'll deal with the rest of this VA claim. I have already contacted my pal Jim Strickland. He told me to forget about my claim for the time being. He told me to go to California and have a great time. When I get back, he'll tell me the next step. He'll help me prepare my appeal. He warned me this would happen, so it's not like I wasn't expecting this.
On Tuesday, September 15th, Terri and I are attending a taping of the Ellen DeGeneres Show. If you are my Facebook friend, we'll be posting the air date there. On Thursday, September 17th, we're attending a taping of the Bonnie Hunt Show. We'll also post the air date for that on Facebook.
Speaking of Ellen ... did you hear the big announcement? Ellen DeGeneres is going to replace Paula Abdul on American Idol! I love Ellen DeGeneres. I love American Idol. I think it's a perfect fit. So long, Paula.
I still have a lot to do today to get ready for my trip. I'll catch you all when I return. Thanks to all of you, Invisible Readers, for your support as I go through this battle against the VA. It means more to me than you will ever know.
Until the next time ....
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This wasn't any ordinary envelope. This was addressed to me personally. My hands started shaking. I slowly tore open the envelope and pulled out the two page letter inside.
In a nutshell, here is the what the letter said:
"The Disabled American Veterans (DAV) has reviewed the most recent VA Decision concerning your claim for benefits. A combined evaluation of 80 percent has been assigned as a result of the following action(s):
Entitlement to service connection for depression and right knee disability has been granted.
If satisfied with this decision, no further action is necessary. If you disagree with any part of this decision, you may file what is called a Notice of Disagreement (NOD) to initiate an appeal. Once you receive the official VA notification letter, you have one year from its date to file a NOD. The DAV may provide representation throughout this process. Prior to filing a NOD, we request that you contact your local DAV National Service Office."
It isn't the decision I was hoping for. I called the DAV Office because there was no mention of my request for 100% disability based on Individual Unemployability with Aid & Attendance. I talked to one of the service officers and he told me it had been disapproved. He did tell me that they gave me 30% service connection for depression and 10% service connection for my right knee.
I am surprisingly calm. Like I said, it wasn't the decision I was hoping for. However, I did win two small victories. I knew this was going to be a long battle. For now, I'm going to put this aside. I am leaving for California on Saturday. Terri & I are going on a long overdue vacation and we're going to have a damn good time visiting with family and friends.
When I return, then I'll deal with the rest of this VA claim. I have already contacted my pal Jim Strickland. He told me to forget about my claim for the time being. He told me to go to California and have a great time. When I get back, he'll tell me the next step. He'll help me prepare my appeal. He warned me this would happen, so it's not like I wasn't expecting this.
On Tuesday, September 15th, Terri and I are attending a taping of the Ellen DeGeneres Show. If you are my Facebook friend, we'll be posting the air date there. On Thursday, September 17th, we're attending a taping of the Bonnie Hunt Show. We'll also post the air date for that on Facebook.
Speaking of Ellen ... did you hear the big announcement? Ellen DeGeneres is going to replace Paula Abdul on American Idol! I love Ellen DeGeneres. I love American Idol. I think it's a perfect fit. So long, Paula.
I still have a lot to do today to get ready for my trip. I'll catch you all when I return. Thanks to all of you, Invisible Readers, for your support as I go through this battle against the VA. It means more to me than you will ever know.
Until the next time ....
OPRAH INVESTIGATING PTSD, SUICIDE, HOMICIDE -- Have you personally experienced a suicide, homicide or physical abuse caused by combat-related PTSD? Are you fearful your loved one may have PTSD? - VA Watchdog dot Org - 09-09-2009
Thursday, September 3, 2009
Total craziness. So what else is new?
Yesterday I had an appointment at the "Falls Clinic." I wasn't sure what to expect. I was in a bad mood to begin with. I haven't been sleeping well. My partner and caregiver has been really sick. I feel totally helpless because I don't know what to do to help her. She is back at work but she still looks and sounds like shit.
We got to the clinic early. My friend and sometimes driver, Jojo, picked me up early for yesterdays appointment. The Falls Clinic isn't at the main VA campus so we wanted to give ourselves some extra time to find the clinic. GPS is a wonderful thing but when the sky is full of storm clouds you don't always pick up a satellite signal. So much for modern technology. We had to resort to old fashioned printed directions. We did find a quicker way to the VA Hospital so that was a plus.
We arrived about half an hour early. The staff noticed us out in the parking lot and they were trying to rush us in. I wanted to smoke a cigarette. I was annoyed as hell that they were trying to rush me in. Remember, I was not in a good mood.
I saw three different people at the Falls Clinic. First I saw a ... Well, I'm not sure what she was. She checked my eyes. She put me through all these weird little tests. I had to put on 3D glasses for one of the tests. Then I had to do a mental health exam. I'm getting tired of that exam. Spell WORLD backwards. I'm going to tell you three words. Then we will talk about something else. Later I will ask you what those three words were. What the hell! I'm not crazy. My knee gives out and I fall. Don't you people understand that?
Then I spoke with a physical therapist. She asked me what assistive devices I have in my house. I have a shower chair, a potty chair that sits over our commode that has grab bars so that I can get off it. And I have grab bars that some VA contractor installed outside of my shower. Why he put them there is beyond me. They don't do me any good once I'm in the shower. I have this cool thing that I can grab stuff with. It's really come in handy. Oh yeah, and I have the spiffy new walker that I've decided I hate now that I've used it for a few days.
After I saw the PT, the doctor came in the room. This is the part where the details get a bit fuzzy. I can tell you that I was very upset and very angry. The doctor thought I was being combative. I explained to her that I was not angry with her. I was angry at the system. What set me off was the medical note from Dr. Miller, the ortho asshole that I had seen last week. The doctor I saw yesterday said that Dr Miller recommended "revision surgery" to correct the problem with my knee. Dr. Miller went on to say that I refused surgery. What Dr. Miller didn't put in my record was the fact that he told me that there was nothing wrong with my knee. Why the hell would he recommend surgery when he believes there is nothing wrong with my knee? What the fuck??
Let's talk about the spiffy new walker for a minute. I told this to the doctor, the physical therapist and the other technician who, I guess, was trying to determine if I was completely out of my mind. I don't fall because I get dizzy. I don't fall because I am mentally impaired. I fall because my knee buckles. Plain and simple. I don't give a shit what the xrays show. I feel like I have a knife in my knee. It catches and it pops. I feel like it's got gravel in it. The spiffy new walker is on four wheels. If my knee buckles, the spiffy new walker isn't going to help me anyway. The spiffy new walker hurts my shoulders. I have to put more weight on my left knee when I use the spiffy new walker. As a result of that, I'm in more pain now than I was before I started using it.
The doctor agreed with me about the spiffy new walker. She told me to stop using it. She told me to go back to my cane and to wear the brace that Dr Miller the ortho asshole issued to me. At least we agree on one thing.
So now I'm contemplating my next move. I don't want another surgery. But why would Dr. Miller recommend surgery after telling me there is nothing wrong with my knee? It doesn't make sense. What the hell is wrong with these people? Are they intentionally trying to mess with us? Why do they want to screw with the Veterans? Do they enjoy it? Why would Dr. Miller tell me there is nothing wrong with my knee, then recommend surgery. When I questioned him about it, he put in my record that I refused surgery. That's just wrong. Shit like that hurts Veterans in the long run when we put in a claim for disability benefits. They review our records and they see all that. They never hear our side of the story. They don't know about the pain that we suffer from day to day because the VA doctors write down what makes them look good. They don't give two shits about the Veterans they are supposed to be taking care of.
The Falls Clinic can't do too much for me. They are sending someone else out to look at the installation job of the grab bars. They ordered two new bars to be installed inside my shower stall. The doctor wants me to go back to using a cane.
I've got a brand new spiffy walker on wheels. Hardly used. Can anyone use it? Come and get it. I'll give it to you.
Until the next time ...
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We got to the clinic early. My friend and sometimes driver, Jojo, picked me up early for yesterdays appointment. The Falls Clinic isn't at the main VA campus so we wanted to give ourselves some extra time to find the clinic. GPS is a wonderful thing but when the sky is full of storm clouds you don't always pick up a satellite signal. So much for modern technology. We had to resort to old fashioned printed directions. We did find a quicker way to the VA Hospital so that was a plus.
We arrived about half an hour early. The staff noticed us out in the parking lot and they were trying to rush us in. I wanted to smoke a cigarette. I was annoyed as hell that they were trying to rush me in. Remember, I was not in a good mood.
I saw three different people at the Falls Clinic. First I saw a ... Well, I'm not sure what she was. She checked my eyes. She put me through all these weird little tests. I had to put on 3D glasses for one of the tests. Then I had to do a mental health exam. I'm getting tired of that exam. Spell WORLD backwards. I'm going to tell you three words. Then we will talk about something else. Later I will ask you what those three words were. What the hell! I'm not crazy. My knee gives out and I fall. Don't you people understand that?
Then I spoke with a physical therapist. She asked me what assistive devices I have in my house. I have a shower chair, a potty chair that sits over our commode that has grab bars so that I can get off it. And I have grab bars that some VA contractor installed outside of my shower. Why he put them there is beyond me. They don't do me any good once I'm in the shower. I have this cool thing that I can grab stuff with. It's really come in handy. Oh yeah, and I have the spiffy new walker that I've decided I hate now that I've used it for a few days.
After I saw the PT, the doctor came in the room. This is the part where the details get a bit fuzzy. I can tell you that I was very upset and very angry. The doctor thought I was being combative. I explained to her that I was not angry with her. I was angry at the system. What set me off was the medical note from Dr. Miller, the ortho asshole that I had seen last week. The doctor I saw yesterday said that Dr Miller recommended "revision surgery" to correct the problem with my knee. Dr. Miller went on to say that I refused surgery. What Dr. Miller didn't put in my record was the fact that he told me that there was nothing wrong with my knee. Why the hell would he recommend surgery when he believes there is nothing wrong with my knee? What the fuck??
Let's talk about the spiffy new walker for a minute. I told this to the doctor, the physical therapist and the other technician who, I guess, was trying to determine if I was completely out of my mind. I don't fall because I get dizzy. I don't fall because I am mentally impaired. I fall because my knee buckles. Plain and simple. I don't give a shit what the xrays show. I feel like I have a knife in my knee. It catches and it pops. I feel like it's got gravel in it. The spiffy new walker is on four wheels. If my knee buckles, the spiffy new walker isn't going to help me anyway. The spiffy new walker hurts my shoulders. I have to put more weight on my left knee when I use the spiffy new walker. As a result of that, I'm in more pain now than I was before I started using it.
The doctor agreed with me about the spiffy new walker. She told me to stop using it. She told me to go back to my cane and to wear the brace that Dr Miller the ortho asshole issued to me. At least we agree on one thing.
So now I'm contemplating my next move. I don't want another surgery. But why would Dr. Miller recommend surgery after telling me there is nothing wrong with my knee? It doesn't make sense. What the hell is wrong with these people? Are they intentionally trying to mess with us? Why do they want to screw with the Veterans? Do they enjoy it? Why would Dr. Miller tell me there is nothing wrong with my knee, then recommend surgery. When I questioned him about it, he put in my record that I refused surgery. That's just wrong. Shit like that hurts Veterans in the long run when we put in a claim for disability benefits. They review our records and they see all that. They never hear our side of the story. They don't know about the pain that we suffer from day to day because the VA doctors write down what makes them look good. They don't give two shits about the Veterans they are supposed to be taking care of.
The Falls Clinic can't do too much for me. They are sending someone else out to look at the installation job of the grab bars. They ordered two new bars to be installed inside my shower stall. The doctor wants me to go back to using a cane.
I've got a brand new spiffy walker on wheels. Hardly used. Can anyone use it? Come and get it. I'll give it to you.
Until the next time ...
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