August Disability Commission Overview

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August Disability Commission Overview

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Disability Commission Report Plus

Hi Folks,

Just got back and I am just beat to death.

Just thought I would give you a quick update on my take of the commission meeting.

Janeen subbing for Glenda did an "outstanding job," which gave us 10 minutes in front of the commission. Not much time but I think we got their attention again. It is a shame our VSO’s have not been there at every meeting pounding this stuff in as they get more time than I do - as just a pinhead Veteran wanting to speak in open forum. Moreover, of course, they get paid not only to do this activity but also their expenses are paid. VVA has seen their first and last 20 bucks from me. If they are fighting for us then I see little evidence of any casualties other than the Veterans and widows themselves.

Now in category how I think it went and I will try to respond in depth tomorrow with some sort of plan of action and further discussions.

IOM Presentation:

Needless to say, I went after the IOM but after their presentations was “somewhat” pleased at their new proposals for presumptive disorders. Moreover, I told them that it was on point but I included a disclaimer that this new transparency did not go far enough. I still want quantified defined requirement not just people taking votes. I cannot fight what someone thinks that does not have to justify nor quantify the hand raising or not. On not only "inclusive disorders" but also "exclusive disorders" which is probably against all the rules of medicine, maybe even law since that now takes away the treating physicians prerogative and conclusions by a higher legal authority in this nation that applies only to Veterans.

Their intent was not to discuss what had gone on in the past, which I did not find that unusual since it looks like to me there has been various VA interdictions in the past and no one wanted to admit this fact.

There were some new processes discussed and the term "at least as likely as not" was used which is the first time I have seen that from IOM. I think this is from my incessant pounding on them about them being our "judge and jury" and we as victims not knowing how we are being judged by them and what the real court requirements are for every one else including the court ruling on our issues as to application of protocol presumptive assumptions.

I indicated, as Veterans we liked some of what they were presenting but more needed to be done and that I would mark up their presentations taking some of the subjectivity out remembering that I am a purist in failures also. I explained to them any subjectivity would be used by the circling buzzards at the VA denying claims trying to wait out the veteran’s deathbed.

I will also send this suggested mark-up to some of the commissioners. I think it is a waste sending it to the commission itself via the VA liaison.

In my conversations with Catherine Bodurow discussing “how can this be” – one of the IOM panel, a doctor, who introduced himself, whom I forget, started listening to my logical and rational dissertation on p-values, order of timeline, order of dioxin causation's found and then applied to Vietnam versus non-Vietnam Veterans and order of significance on any disorder i.e. LOGIC. She turned to him and said I told you he was smart or something similar.

What that meant in context I am not sure??????? Maybe some prior conversations between themselves perhaps??? Or just do not talk to this guy??????? Whether that was a positive or negative statement I do not know. Maybe my involvement now is more negative than positive for you fellows?????

Anyway, I did see some signs of at least an attempt to come clean on definitions and transparency but as I said more needs to be done. And I will post that with my suggested changes from a Veterans and widows stand point and not our VSO's stand point.

Ironically, that is exactly what I had stated to the commission we needed was more transparency. Low and behold IOM did clearly address this in the hopes of more openness and transparency, which we must now use to defend ourselves against the number one enemy - the VA and our White Houses and even some members of congress with lobby money conflict of interests.

One of the issues discussed was more Veteran involvement so I handed her my PN challenge and told the doctor to look at studies referenced in footnote 20 and 21 (i think it was) as he told me he had never seen them. Unfortunately, I had no copy with me other than the challenge itself. I indicated to him that these studies were the only honest totally blind studies with quality assurance built in done on Vietnam Veterans that did not have our government interference.

I also discussed I needed more than five minutes of IOM time when they are giving the Ranch Hand an hour to present. If I am going to address the inequalities and flaws that were recently announced of which I tried to point out to IOM in 2003 - then we need at least 50% equal time given to our enemy to dispute findings.

I now look forward to more interaction and the sharing of ideas with the IOM.

The Commission Reports were good!

The commission charts itself were good, although I will discuss this more in depth later on, as to what I perceive as a simple philosophy flaw that really is not in their charter and is none of their concern as to what is recommended or not recommended. It is either "fair and just" or it is not.

Senator Akaka had a person there which I thought was a good sign but his office was the only one. Fred briefed her during the breaks and gave her some data to review.

Oh, I did find out that all the stuff I post for you folks and your groups - I also send to the commissioners on the committee through the VA liaison office. None of it is getting to the commissioners!!!!!!!!! Even my written submittal for this presentation that they guaranteed me would be in the commissioner folders were conveniently not there.

I now know the commissioners were interested, as one commissioner wanted me to speak "ad lib" on another subject, if they had time. Of course, I could not stay for Friday's session and he said he hoped I would come back and speak on that.

Another commissioner wanted to me to come back next time with a proposal of what I, on behalf of Veterans, wanted the commission to do. Because of the cost and such and only getting five minutes - I doubt that will happen. Nevertheless, I will create a paper and send it directly to his home - not this damn VA liaison crap. Therefore, we have at least a month to get that done.

Everyone there remembered me from two years ago. I do not know whether that is a plus or “very big minus for you folks!!!!” Ha Ha

Not that I did not expect it but I have seen no (zero) discussion of BVA cases where some are approved, some remanded, or some disapproved for the exact same disorders.

These are almost identical in challenge and information and probably from fellows that were in the same units and served at the same time with the only difference the case file number being different. That to me is not justice but more in tune to some sort of quota or budget control. No other legal system either real or quasi can get away with that sort of inequality.

VA Comp and Pen

As you know the IOM had slammed the VA comp and pen processes hard in their previous review. VA comp and pen was there to give their answer to the IOM review.

What a waste of time!

You have never seen so many words in an hour presentation that was so non-committal, so bureaucratic, and so White House directed philosophy - in your life. Everyone, including most commissioners, made very disparaging statements regarding this so called comments on the illness of the VA system and how to correct it and get rid of this criminal VA backlog.

I will get that out as soon as I can also and I would like you all to look at the BS.

The bottom line folks – is congress cannot light a roman candle under the White House directed VA’s ass then all this is a waste of time even if we do get IOM presumptive disorders fixed – but we have to try. I would suggest if they cannot get it done then your congressperson and your senators must be held accountable and that simply means they have to go.

Some good news as a side note – On the way up I got a call from a VA neurologist wanting some info on my research on PN. My left ear was already plugged from the mountains from a gun shot damaged tube and I do not hear so well out of my right ear. In addition, it is hard for me to hold the little phone. Therefore, Janeen asked if he could call me back after I got home or next week. He said OK – about half hour later, he called again and wanted to talk on Wed but I was presenting on Wed and did not know when so I said call on Thursday. He did as he said he would and we talked for probably an hour and half. He is also convinced that this "unusual PN nerve damage" is associated to herbicides. I warned him about going against the Avenging VA and he said facts are facts; so maybe we have an allies. I also presented to him that this PN damages is a result of CN damage with immune system involvement at the Dendrite Cell levels and he said that is very very possible even though subclinical. Anyway, he is going to pass to me his data and test results; and he wanted the studies I had found and values of association and all that. He was also shocked that I also was diagnosed with the exact same nerve disorder that he found by biopsy.

I guess this will happen as long as our truthful (cough) government does not interfere. Nevertheless, do not hold your breath on that thought.

Congressman Filners Office and Congressman Buyer's Office

This is for Congressman Filner's and Congressman Buyer's Office (Sharon Schultze) (Jeff Phillips) as apparently some Veterans told Congressman Filner about this damn VA stalling techniques and such in delaying claims until the buzzard’s circle. I will post that as well as soon as I get time.

Now BVA remanded my five year claim back to Veterans Appeals in DC > they write to me and tell me they want my social security records > while I was gone Glenda contacted the Social Security office and they said not only no; but hell no it was none of VA’s business. Now I have to find out exactly what VA wants and go to the local SS shop and after I find out what VA really wants see if they will supply that specific data. At least that was the SS office said and they said it is doubtful even the local SS shop is going to give me much of anything of value in any assessment for VA.

Now mind you I sent a copy of my social security disability card to Atlanta VA years ago showing the dates of eligibility for Medicare A and B. Which by default sets my date of disability.

You can picture the hamster (Veterans) about on his last leg running at every little challenge by VA with the wheel the hamster is in called the VA wheel – and then VA vultures floating overhead just waiting to say “Claim Terminated” > now the widow has to start all over - again the clock is reset > we win - we win – we win again says the VA and White House after White House.

So I guess I have to work on that next week ALSO and find out just what in the hell they want and then find out if I can even get it for them > the wheel is perpetual and VA is never ending; just as individual buzzards come and go in a flock forever.

More later....

Kelley