10-12-05

 

To:   The Veterans Disability Commissioners.

 

From:

Charles Kelley

2078 Eastwood Drive

Snellville, GA 30078

770-979-1863

DMZ Veteran 67-68

 

I was encouraged to see the e-mail address for the commission had changed and was not going through the DVA.  At least the perception is that Veterans statements and comments are no longer being screened by a totally adversarial federal agency with a “government conflict of interest and its avenging angels.”

 

SUBJECT:  These are my responses to the commission on “compensation subcommittee questions” given out on September the 15th of this year.

 

 

Veterans’ Disability Benefits Commission

List of Potential Research Questions

 

 

Compensation Subcommittee

 

C1.  How well do benefits provided to disabled veterans meet Congressional intent of replacing average impairment in earnings capacity?

 

C1 Answer:  This question must first be prefaced with:

 

“How well does the DVA, working at the behest of the president(s) only and a mandated budget constraint get the Veterans the benefits they need and have earned without a four year to a decade fight for those benefits; or is this also the “intention” of our policy makers, the United States Congress to stall and deny using the absolute power given to the DVA by our own “caring congress.” 

 

Only then can you ascertain the delta between the intent of the congress as to how much the impairment or disability is intended to be supplemented. 

 

Allowing Veterans to die and suffer with no government help while fighting cancers and other disorders caused by the very government he or she served because of poor performance of the DVA, possibly even directed poor performance, to deny and stall to the death of that Veteran and meet the goals and definitions of the despicable DVA in that when the Veteran dies his claim also dies.  (Nice little gimmick the DVA and the government have going there!) 

 

On the other hand, is this also what our congress intended to stall to the death of the Veteran as the DoD and the DVA has done in the past mass incidences?

 

Is a Veteran that was making $150,000 dollars or year or had the potential for that amount of yearly salary asking for this kind of benefit?  The answer is no.  The Veteran is asking for descent compensations from loss of income and/or disabilities that put them at a disadvantage.  

 

Including that whatever this compensation is; any increases should be tied to a index of some type that cannot be manipulated by the DVA or the DVA Secretary; again operating at the sole bias of the man who appointed him or her and not our Nations Veterans. 

 

C2.  How well do benefits provided to disabled Veterans meet implied Congressional intent to compensate for impairment in quality of life due to service-connected disabilities?

 

C2 Answer:  There are wounds and then there are wounds.  No amount of money can compensate for loss of quality of life.  Therefore, I find that question somewhat ambiguous and not definable and never ending as far as possibilities.

 

However, I can say that there are issues that can be addressed that make the Veterans life somewhat normal as it relates to quality.

 

The VA should provided as a minimum:

 

Wheelchairs and/or walker and/or braces.

 

For house bound Veterans there should be supplemental money to provide for his or her quality care at home.

This includes the money to make his home accessible and improve quality of life and the money delta to make a Van accessible for transportation and trips.

 

Some minor home maintenance money should be included for things around the home the Veteran can no longer do, as he or she would have before.


A computer and a voice activated program (VOX) for paralyzed Veterans including training in the use of the VOX.  With the advent of the Internet this allows the homebound paralyzed Veteran to surround himself with family, friends, and most of all his former Comrades in Arms 24 hours a day 7 days a week.  He or she is no longer on an island with his home as the only boundaries.

 

Most of all it should not take four years of bureaucratic DVA red tape operating at the behest of White House after White House and DoD whose only real concern is to “minimize the actual cost of war.”

 

You only have to review the insulting remarks made by Dr David Chu of the Pentagon who should have been fired for his insults against the nations Veterans to realize that government/political caring is “a sham.”  Here is man, denigrating Veterans and their “earned military benefits.”  (If they can get them from the DVA before they die that is.)  This man could not carry the mess kit of a real Veteran yet he is allowed to spew his verbal DoD (probably White House directed) garbage with no ramifications.

 

There should also be a fast track (minimum 30 days) for terminal veterans such as cancers and brain tumors.

 

C3.  How well do benefits provided to survivor’s meet implied Congressional intent to compensate for the loss of the Veterans/Service Members’ earning capacity and for the impairment in quality of life due to service-connected death?

 

C3 Answer:  This is a joke, right?  The DVA’s definition of when a Veteran’s claim ends should tell you exactly what the DVA’s intent is to fulfill the intent of the congress; regardless of meeting any perceived dollar value for replacement of the loss of the warrior.  Again operating on behalf of the president and the DoD.

 

In talking with a few congressional representatives the answer was:  Well the spouse can appeal the decision.  So a spouse and family goes without because of a five to ten year appeal on something that should have been automatic or at least retroactive which negates the reason for stalling and denying.

 

The DVA archaic rules in many areas for this subject matter are so biased for the president(s) and the DoD, it is criminal! Moreover, would not stand for one millisecond in a real court of law.

 

C4.  How well do benefits provided to disabled Veterans and survivors meet implied Congressional intent to provide incentive value for recruitment and retention?

 

C4 Answer:  Also a joke.

 

All present and future Veterans need to given the “right to know.”  This “right to know” must include that any so called benefits awarded by the DVA will be controlled by a mandated budget and that the Veteran faces nothing but a DVA lottery.  That “congressional intent” and even “congressional mandates” to assist the Veterans are thrown aside by the Secretary of the DVA like water off of a ducks back with no ramifications for this disingenuous behavior at the direction of the White House.  That only “DVA lies and stalling” await them for their “honorable and maybe even valorous service to the nation.”

 

That the executive, legislative, and judicial branch of government that other citizens who chose not to wear the uniform enjoy and our guaranteed will no longer govern them.  That their government will now consist of the DVA and the Secretary of the DVA operating with its own legal system.  That the DVA is a separate power unto itself; answerable to no one except the White House who seems to direct them in these nefarious undertakings with White House philosophies

 

The DVA is no longer just an “administrative federal agency” that carries out the wishes of the form of government that actual make our laws.  They operate as a separate form of government that even when found guilty by a circuit court, will not abide by the mandates that the congress set forth as reviewed and interpreted by that court.  Instead, they simply circumvent the courts rulings like some the shyster agency they are really.  Thereby now “operating illegally” outside of the courts rulings at the behest of the White House.  (1)

 

All past Veterans should make this a National Security issue.  That is how bad the Government/DVA has become after our “toxic chemical legacy.”

 

Change the rules as they did in 1988 but make sure you are not hoodwinking our Nations’ Fathers and Mothers in sending their sons and daughters into this sham of government promises.  They have a “right to know” that our government and the DVA are “not as noble or as honorable” as they are.

 

They have the right to know that because of the ineptness and/or the directed stalling of the DVA they will die before the DVA awards a claim.  A claim that is already been proven and adopted “as associated” is still as dead as the Veteran.  Moreover, the claim dies with the Veteran’s death thereby nullifying any follow on support for the Veterans spouse or minor children.  As intended by this despicable agency.  (Conflict of White House directed interests.)

                                        

In issues in which the government itself caused as Congressman Shays in 2000 concluded.  “I have to be honest with our Veterans.  By the time we will know the scientific data, you are dead.  You will either have died early or you will have died in your old age in pain, but you will not get help from the Federal Government.”

 

On central issues caused by the government itself when assessing the damages, the government is corrupt and less than forthcoming taking 50 years to evaluate the ramifications, which is unacceptable.  That government caused disorders can be finally associated 35 years after the fact and that the government who intentionally stalled and denied any such ramification for that 35 year period is not required to then re-adjudicate the dead Veteran’s claim.  (Conflict of White House directed interests.)

 

This is done with purpose and willful misconduct on the part of the government representative “the DVA.”  It is time you made all present and future Veterans aware of this “right to know” and how they will be treated by this so-called caring government and its so-called caring politicians.

 

Inform them if they speak out against this omnipotent federal agency there will be direct and swift retribution by DVA avenging angels.

 

C5.  How well do the medical criteria in the VA Rating Schedule and VA rating regulations enable assessment and adjudication of the proper levels of disability to compensate for both the impact on quality of life and impairment in earnings capacity?

 

C5 Answer:

 

Again, to “quality of life,” that is almost an open-ended question.  I have no real answer for that question without knowing a defined and established criteria based on what is considered a minimum quality of life and then ascertaining if that is what our government wants the Veteran to have for serving his nation; the very minimum.

 

As far as the VA rating schedules:

 

I find them somewhat straightforward and understandable.  Can they be made better?  The answer is yes.

 

One problem I have found in my guys is the DVA adjudicators do not tell the Veterans what it is being associated with and that causes a conflict in some issues as to rating.  In other words, one would be 10% but if associated to some other issue might be at 20% as the severity is worse over time. 

 

The other issue is that my guys are not being told that as the disease gets worse and the criteria of symptoms change and become more acute and chronic that they meet a new definition of disability, which would increase the disability compensations and what that definition is so they will know.  That most of our toxic chemical legacy issues are not going to get better as well as Gulf War issues.  The Veterans will continue to degrade and symptoms will become more disabling and severe.

 

Of course, with the corrupt nature of the DVA on behalf of Presidents, we now know why this data is not given to the Veterans and their families.

 

Even if it was given it is questionable the Veteran would even apply knowing the energy and time it took to even get the first benefit.  A 10% increase that should go to the Veteran is now nullified because the energy expended by a sick and disabled Veteran to even try and get the increase is not worth the effort, as intended by the Secretary of the DVA, the DoD, and the “lying egg sucking dog presidents” who have led the efforts in the toxic chemical legacy cover-ups.   

 

C6.  How does the adequacy of disability benefits provided for members of the Armed Forces compare with disability benefits provided to employees of Federal, State, and Local Governments, and commercial and private-sector benefit plans?

 

C6 Answer:

 

I would think a simple matrix would suffice to find out how the DVA compares but you should include not only discrete comparison data but also time to claim and award.  Using real data, not the corrupted data and excuses the DVA secretary hands out to congress about how well they are doing.  That is all lies!

 

C7.  How do the operations of disability benefits program compare?

 

C7 Answer:

 

Once again, the issue is “operations and processes.”  I doubt if the other disability programs give out cash bonuses for denials to those that are applying and then steal the checks of a Veteran who has been dead for 21 years.  I doubt that other agencies sit on remands for five years or longer before even addressing the issues and nothing can be done about since there is nothing legal the Veteran can do except pray his name comes up in the DVA lottery.

 

The other programs probably have no “automatics” that have been researched and stalled for over 40 years and then finally begrudgingly after calculating costs and possible numbers admitted to; and yet it still takes 14 to 18 months, or longer, to get the Veteran any help as he fights cancer that will kill him in six months to a year.  Boy, what a scam this thing is by the DVA and the Secretary.

  

C8.  Does the disability benefit provided affect a Veteran’s incentive to work?

 

C8 Answer:

 

Again, this goes back to some minimum standard.  If the Veteran chooses to live at the standard that is his or her business.  Every individual and their families or lack of family are different.  Obviously, at the highest rate today at 100% is no Bill Gates life style and is probably about minimum on what a Veteran who has worked all his life and maybe paid off his house by being frugal and having a work ethic second to none can live on.  Then there are those that spent every dime they made and what the DVA has awarded in monetary compensations for disability will never suffice.  You cannot generalize on this subject.

 

What is mind boggling to me is that some of my guys are found totally disabled from the toxic chemical wounds received on the battlefield by the Social Security Administration and the DVA has them at 20% disabled.  Understandable of course, as this is what our egg sucking dog presidents wanted to begin with and the DVA operates that way.

 

C9.  Pertinent law and regulations require that disability compensation be based on average impairment of earnings capacity, not on loss of individual earnings capacity.

           

            A.  Would the results be more appropriate if factors such as the individual’s military rank, military specialty, pre-service occupation, education, and skill level were taken into consideration in determining benefits?

 

B.     Would the results be more appropriate if the effect of the Veteran’s medical condition on his or her occupations were taken into consideration in determining benefits?

 

C9a Answer:

 

Absolutely not, this would be ridiculous at best.  The same disability, pain, and suffering that go with it are no different in a Captain or a Lance Corporal; or an engineer or a roofer.  What you are proposing is why not simply go by IQ test scores.  Those that belong to “MENSA” get an “extra bonus” for their disability.  The battlefield does not discriminate and either should this government and especially the corrupt DVA.

 

C9b Answer:

 

While I understand the Social Security takes this in to account there is a difference.  One is the luck of the draw in life while the Veteran was serving his county and in some cases mandated or face jail time.  Many of the issues in C9a apply here also.

 

C10.  Would the results be more appropriate if reduced quality of life and lost earnings were separately rated and compensated?

 

C10 Answer:

 

This is a tough one to answer.  Because now you are talking about “pain and suffering.”  Would it more appropriate?  I think the answer is yes.  However, with the DVA the way it is now this would even add more stalling and denying ammunition to this despicable agency.  Moreover, of course this is exactly what the president wants is more stalling and denying.      

 

C11.  Should lump sum payments be made for certain disabilities or level of severity of disabilities?  Should such lump sum payments be elective or mandatory?  Consider the merits under different circumstances such as where the impairment is to quality of life and not to earnings capacity.

 

C11 Answer:

 

Number one if you make it elective it will be just a matter of time before the DVA and the president, who wants it this way anyway, will make it mandatory.  You can count on that!

 

At the Disability Commission meeting on September 15th, it was brought up that a 20% rating should be or possibly be considered for lump sum payment.  I strongly disagree.

 

Too many of our young guys do not realize that a 20% wound can get worse and they can eventually die from it or end up totally disabled with no service connected DVA support.

 

Too many of our young guys do not realize the benefits the states give them for life for being “service connected.”  These benefits over life can add up to an enormous amount of money for their sacrifice.

 

Moreover, they have no idea how disingenuous the DVA is on behalf of a grateful nation.

 

Being a warrior is not a civil service job regardless if the presidents and the DVA want to make it one.

 

C12.  Should universal medical diagnostic codes be adopted by VA for disability and medical conditions rather than using a unique system?  Should the VA Schedule for Rating Disabilities be replaced with the American Medical Association Guides to the Evaluation of Permanent Impairment?

 

C12 Answer:

 

I think it is obvious the medical diagnostic codes should be standard as used by the United States and not some devious variation of that code that the DVA can manipulate for their own benefit.

 

I have no knowledge of the American Medical Association Guides so I cannot comment on that but will review those and comment when I submit the answers to the D section of that subcommittee.

 

C13.  Are benefits available to service disabled Veterans at an appropriate level if not indexed to cost of living?  Should the various benefits that are presently fixed be automatically adjusted for inflation?

 

C13 Answer:

 

Of course, the answer is yes.  The automatic increases should be indexed to something that the secretary of the DVA cannot manipulate as well as the White House Bureau of Budget operating on behalf of any presidential administration to rear end the Veterans cannot manipulate.

 

 

(1) The 9th Circuit Court ruled the DVA was too stringent in their toxic chemicals (plural) associations.  The court ruled that the DVA go back and reconsider associations based on the courts rulings and what the court ruled was the congressional intent using “increased risk of incidence” or “significant increase.”

 

The court also ruled that the corrupt VACEH be mandated to go back and review their findings of associations based on the courts rulings of the evidence of fact not what the DVA considered evidence of fact.

 

The DVA’s response to this was to rewrite the 38 CFR and disband the VACEH so that no review as mandated by the 9th Circuit Court could be done.  Then use the NAS/IOM that is doing the exact same thing the VACEH did in using “cause and effect” and not the courts rulings.  I will be filing a summary of these despicable actions in the 11th Circuit Court of Appeals.

 

The DVA did not challenge the court rulings.  Instead, they just circumvented it as any good federal agency operating with its own legal system and at the behest of the president and congress would do to deny Veterans’ compensations for death and disablement directly caused by an arrogant government, DoD, and DVA.

 

 

Charles Kelley

 

Copies to:

 

House Veterans Affairs Committee 
Law firm of Morrison and Foerster
AO Group
VERPA
Khe Sanh Members
101st Airborne
MOAA
My Battalion Members
VVA
Vets for Justice
VPA
Congressman Smith (New Jersey)
Congressman Evans
Congressman Sanders
Congressman Shays