ILP Greenhouse parameters

[FormerMember]

After 10 months of blah blah blah, it's showtime next week (I hope). Here's the email I sent back to my Voc Rehab counselor of five years:

 

 

 To

  VBASEAT

Today at 11:44 AM

Kris,

In your recent phone call you mentioned you had a brief  (working paper)summation of what was being considered on the greenhouse parameters. Before we meet, I would appreciate a copy of it or an IILP you might be considering for my signature so we can accomplish this in one visit. If we are not in substantial agreement on the goals, the actual size and configuration of the greenhouse or what VA considers a "reasonable accommodation", your drive over would be a waste of time. 

 

I have striven over time to be an active stakeholder in this but the lack of information is causing an irreparable breakdown in communications. This is what prompted my filing to the CAVC. The VA Secretary, as you probably know, has until July 24th, 2016 to respond to that current Extraordinary Writ petition before the Court. I was hoping I could file a Petitioner's reply brief afterwards saying we have reach a mutually agreed upon modus vivendi. Absent any input or a beginning dialogue until we meet face-to-face is counterproductive and will only lead to further delays. 

 

The Farmtek ILP coordinator, Karen Meister, was given the full list of my disabilities and asked to craft a bid that hewed to the medical shortcomings and  the ADA nature of my disabilities. A 24 foot by 48 foot greenhouse will encompass the same area I presently have under cultivation. ADA requirements also show a need for two entrance/exits at opposite ends. Due to my 6 ventral hernias and permanent lifting constraints of 10 lbs., using potting soil is sadly no longer an option. This was discussed in the opening colloquy with the Veterans Law Judge. We impressed upon him that 38 CFR § 21.160(a)'s "General"  introductory statement encompasses all disabilities-both service and non-service connected.  Any IILP must take all my disabilities into account. Simply providing a covered structure with a 120VAC outlet and a water spigot will not suffice to satisfy the BVA findings. I hope we are clear on that. As you may be aware, too, my rated disabilities have increased  dramatically to 100%,100%,60%,40%,30% and 10% since my original filing in 2011. These percentages do not include my Crohn's disease, numerous hernias or balance issues. Merely trying to comply with the original 2011 greenhouse  parameters is no longer a limited option left on the table now.

 

Obviously, if the The VR&E parameters fail to encompass the BVA findings and appeals language, we will shortly find ourselves at an impasse before we even sit down. VR&E already finds themselves on shaky ground and in violation 38 CFR § 21.192(a)(2). As of today's date, it has been ten months and two days since the BVA decision was released. As this is a matter of first impression before the Court, it is possible Judge Bartley may construe it as essentially an arbitrary refusal to act on the VA Secretary's part.  

 

Additionally, as covered in 38 USC § 3107(a), the statute clearly states:

 

Such plan shall be developed with such veteran and shall include, but not be limited to 

(1) a statement of long-range rehabilitation goals for such veteran and intermediate rehabilitation objectives related to achieving such goals, 

(2) a statement of the specific services (which shall include counseling in all cases) and assistance to be provided under this chapter,

 

 Court Of Veterans Appeals precedence unequivocally states that the usage of the verb "shall", as opposed to "may", clearly and unmistakably demands compliance with the regulation. 38 USC § 3107(c)(2) :

 

(2)

In any case in which a veteran does not agree to such plan as proposed, to such plan as redeveloped, or to the disapproval of redevelopment of such plan, 

such veteran may submit to the person described in section 3106(f) of this title a written statement containing such veteran’s objections and request a review of such plan as proposed

 or redeveloped, or a review of the disapproval of redevelopment of such plan, as the case may be.

See also § 21.92 Preparation of the plan.

(a) General. The plan will be jointly developed by Department of Veterans Affairs staff and the veteran.

 

It would be preferable to sit down with a preconceived idea of VA's intentions to avoid further discord or misconceptions. As I have no knowledge of hydroponics, I am hoping for some guidance or educational instruction along the lines of what was provided to me on the 2012 ILP computer services from Jim Moss. We all desire the same outcome-one free of dissention and disagreement. Towards that end, it might be time to begin our own colloquy towards a mutual agreement of what will be provided as opposed to a one-way, dictatorial statement of what VA is prepared to offer. As mutual stakeholders, it is imperative to communicate openly and frequently to accomplish this in a timely manner. Absent that, we are merely working at cross purposes and may never find common ground.   

 

On another note, during your last visit, I asked you to submit a request for the Lexis Nexis Veterans Benefits Manual and supporting CD disc. I am sitting this month for the VA nonattorney practitioner's test and am desirous of having the materials to assist in my future preparations for helping Veterans. VA's laws and regulations, as well as the M 21 and M28 change frequently. Absent any updates, my pro bono work stands a chance of being incorrect or inaccurate. Since VA's VR&E program is increasingly shrinking in the number of Veterans helped, this should not impede or grossly impact other deserving seriously disabled Veterans as defined in 38 USC § 3120. I note for several years now that the VR&E has been unable to identify (only 1,426) and award the full  compliment of 2,700 individuals authorized by law to entitlement to the IL Program. VA's own IL Case Reports show in FY 2004, Seattle had 41 successful rehabs versus the 7 recorded in FY 2015. Either the number of severely disabled Veterans is in decline or the program suffers gross underutilization. In any case, there appear to be ample funds available and waiting to be awarded. I would appreciate an update on that request when I see you on the 12th unless you have information on the status presently. Presuming an inevitable denial, I would respectfully request you send it back to VR&E VACO for Administrative Review as soon as possible.

 

Without a VR&E position paper on what is proposed, any potential agreement will be stymied and your valuable time wasted. I'm fairly sure we don't want that. In the event you cannot supply me with the documents, we should reschedule our meeting until we have a mutual understanding hammered out that will be productive and a viable IILP that encompasses what the BVA held in its findings. 

 

I look forward to a timely response and the requested documents. 

 

 -------------------------------------------------

 That is how I deal with VA pukes. Some of you may have a different idea how to go about it. 

 

 

 

[Vync]

That's fantastic!

Normally, I instruct everyone to write to the VA using 8th grade English, but college-level English does have it's time and place for use.

For those who may read this eloquent letter, there is a reason for the specific dialogue AskNod has chosen. It is to ensure the precise meaning of his statements so they may not be misinterpreted, as the VA can and will try to avoid their responsibility to fully comply. Additionally, it has a nice "holy crap" effect when read. The dude will probably need to look up half the words in the letter to even figure out what you are saying.

[FormerMember]

Roger that. Daddy sent me to private school and I still came up with a draft # of 39 in 69. I jumped into the AF thirty days before I had to report to Hampton AAFES for military service. Big words intimidate VA. They are more used to normal. My Voc Rehab puke Kris is their yes boy. He knows I'm not crazy but he started  tipping his cards under his breath from a bid sheet and distinctly said ah 15 by 30 and its got a roof vent, a table and a AC outlet and a water faucet with PVC pipe. Coupla 8 foot florescents, fan. Yeah. Looks good.  Back to the drawing board Kris. My dreamhouse has 10 2,500 watt Halides with overhead H2O computer distribution... To the raised hydroponic tables... with floor drains preset in the 4" concrete slab. I'll keep you posted, sir. Testing on the 12th. 

[Buck52]

I'd love to see old kris spit coffee for about 10 feet   for 10 minutes After reading asknod email.....make that 20 ft.....Lol

WTG  Asknod (outstanding)

................Buck

[Vync]

15 hours ago, asknod said:

Roger that. Daddy sent me to private school and I still came up with a draft # of 39 in 69. I jumped into the AF thirty days before I had to report to Hampton AAFES for military service. Big words intimidate VA. They are more used to normal. My Voc Rehab puke Kris is their yes boy. He knows I'm not crazy but he started  tipping his cards under his breath from a bid sheet and distinctly said ah 15 by 30 and its got a roof vent, a table and a AC outlet and a water faucet with PVC pipe. Coupla 8 foot florescents, fan. Yeah. Looks good.  Back to the drawing board Kris. My dreamhouse has 10 2,500 watt Halides with overhead H2O computer distribution... To the raised hydroponic tables... with floor drains preset in the 4" concrete slab. I'll keep you posted, sir. Testing on the 12th. 

Sounds like they wanted to build you a glorified "lean to"