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.

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 ...

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 ….

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 ....