VA Shredder Gate plus:
Shredder Gate plus:
Received the following from several sources but cannot confirm the validity or the visit to the Regional Office in Chicago by Senators Durban and Obama.
This post is anonymous- not the right name- the VA employee is hoping that vets will respond to his plea:
I am sending you the same information that I recently called and relayed to a staff member of the Chicago Tribune. This Monday, October 27, 2008, Senator Durbin and Senator Akaka will visit the Chicago VBA Regional Office for an inspection. Recently, it has leaked to the public that some VBA employees across the nation have purposely thrown veterans' mail in the garbage. This is a problem because, in most instances, a veteran's claim for compensation may hinge on the missing article. I have come across veterans that have assured me that they sent in documents pertinent to their claim, only to be informed that the mail was never received.
Well, the two senators will be visiting the Chicago VBA RO on Monday. However, I am afraid that they will be unable to detect problems within this agency, as everyone has been ordered to behave in a manner that exudes professionalism and commitment to the veterans.
The Chicago VBA RO has for years been scrutinized by Sen. Obama and Sen. Durbin in an effort to determine why Illinois’ veterans receive minimal compensation for their injuries--when compared to other states. This is alarming because our state has quite a large veteran population. The workload has been a great problem for this office as they continue to struggle to reduce pending compensation claims. This is due to being short staffed, as well as having managers who received their promotions by being friendly with those in power.
Here is a brief breakdown of the organization:
Triage: 1st Stage
At this stage, this is where a veteran's initial and subsequent paper work comes into the agency. At a minimal, the mail received in Triage (the mail room) should be processed in about seven days and placed in the appropriate claims folder. However, this is not the case at this office. Mail sometimes stay in the mailroom for four to six weeks and, in some instances, are misfiled or lost.
Pre Development: 2nd Stage
At this point, veterans service representatives (VSR's) are tasked with examining the veteran's claims folder and sending appropriate notice to the veteran. For instance, they are supposed to ensure that a letter acknowledging receipt of the claim is mailed to the claimant. It usually takes months for this correspondence to be mailed, usually at the request of the veteran repeatedly contacting the office and pleading with it to send the material. The document is important because it is proof (receipt) that the claim was received and the veteran does not have to be concerned that the claim has been “lost” of “misprocessed.” This receipt is also relevant because it explains to the veteran what is needed to grant compensation, as well as inform the veteran to submit private treatment records or other evidence they may help to establish the claim.
A major problem at this stage, the VSR's sometimes fail to identify all the issues the veteran is seeking compensation. Therefore, some exams that should have been ordered or not, and when the veteran finally gets his or her award letter, the person discovers that he or she must contact the VA, once more, for proper and complete adjudication. Once, the exams have been complete and the required documentation collected, the VSR reviews the claims folder to determine if it is ready for a decision. If it is, the folder is transferred to the RVSR—the decision-maker and evaluator.
Rating Board: 3rd Stage
At this stage, the claims folder is brought to the RVSR for a decision. In theory, at this stage the case has been properly developed and awaiting a decision. However, 50% of the time (and I am being generous) the claim is not ready for a decision. For instance, the VSR (2nd stage) may have failed to examine the received medical examinations thoroughly to decide if all issues needing a medical opinion have been provided. Hence, claims folders are passed to RVSR's missing exams, service treatment records, and DD-214. The case is not ready for a decision and must be deferred for other examinations or other items, delaying the veteran’s claim.
In some instances, Triage (the mail room) fails to adequately process mail. For instance, a veteran may have submitted additional evidence showing compensation is warranted. However, if this information is not entered into the database and the mail placed in the claims folder on time, the veteran's claim may be denied—and I have witnessed this quite often.
Production standards are another problem at this office that are contributing to an employee’s mistakes. For one, a VSR must process a certain number of claims per day in order to meet his or her quota. Sometimes they are only half-heartedly reviewing the claims folder. In reality, they are tasked with examining the service medical records and identifying in-service disabilities and conditions, private medical records and tabbing relevant information that will assist the RVSR in rendering a decision. However, when there are four volumes of military medical records, a person cannot possibly examine them all and make his or her arbitrary quota for the day.
The RVSR is also under arbitrary production standards. He or she must receive a certain number of credits to meet an irrelevant quota. You have evaluators missing / ignoring issues that should have been granted. It is not that they want to shortchange the veteran; the system is not set up to allow an evaluator to properly assess the entirety of the claims folder, which can be as much as four to five volumes.
At this office, the sentiments are not "do a good job" so that veterans may receive the benefits the US promised. Instead, in all my years, it has always been let's process as many claims as possible to get the backlog down and, if we miss an issue, the veteran can always file another claim.
have worked at the Chicago VBA RO for over five years and am a veteran myself. If I was seeking compensation, I would want my claim handled appropriately and given the proper amount of time to render a fair and balance decision. Unfortunately, that does not always happen at this office.
There are some great employees in this office, and many go beyond the call of duty, often staying late to complete a claim. Nevertheless, management (at this office and those at the national office) continues to place unreasonable pressure on employees. When this occurs, it is no surprise that veterans are being harmed.
There have been recent reports that some psychologists and psychiatrists are refusing to diagnose PTSD when the finding is warranted, with some administrators instructing medical staff to make the veterans come back several times before giving away the golden goose. This is not the way we treat our veterans. They demand our deepest respect, sincere thanks, and an authentic pat on the back.
I am contacting the national media and local media in the Chicago land area, as well as veterans organizations with anticipation that Monday’s visitors will be greeted by genuine people concerned about veterans’ compensation.
Please help me spread this message to others who care about veterans. If you are not able to come out Monday call the director's office and voice your concerns.
On VA Watch dog at:
http://www.vawatchdog.org/08/nf08/nfoct08/nf102508-7.htm
You will find Congressman Filner’s statement: "This completely shatters confidence in the whole VA system.”
Hundreds of thousands of Veterans/Widows never had any confidence in this sham of a system including the BVA and the DC Appeals Management Center. In my opinion this system is so full of biased crap, collusion, and criminal activity against the United States Veteran and family it should be disbanded entirely. I know many have said save it and fix it. But there comes a time in any endeavor that it is just throwing good money and good well-intentioned efforts away. Changing the engrained VA philosophy on behalf of the Executive Branch would be a total waste of that time and money. This whole issue should be done by an entity not associated with the Federal Government and that can be held accountable for actions like are being reported in a court of law. Also for at least rendering common sense decisions instead of clerks needing medical records which they have no idea what they say or what the meaning is (just more BS) and on top of that just putting them in file 13, on purpose as if they never received them.
This is not about a “oops we slipped” but an ingrained policy by VA as we have said all along to deny, stall, and defile the Military Service of a Veteran until his or her death.
Example is also in that same link referenced above of how VA thinks these actions should be handled. Can anyone say these are not direct criminal actions with intent to do harm?
Here was VA’s response:
Alison Aikele, a VA spokeswoman in Washington, said a national ban on all shredding in benefits offices remains in effect. That ban will continue until the agency settles on a policy to guarantee key documents are not improperly destroyed.
So the VA person thinks this is just another policy directive that needs to be published. Not how many Veterans has this affected, how many lives has it ruined, how many widows and offspring were left in total distress because of government condoned criminal activity of not just improperly destroying documents but not using those documents in support of the veterans/widows case which seems to what VA is all about; not justice or fair and impartial decisions.
I cannot wait to hear what the Affairs Committees are going to do and that by the way is supposed to take place (not confirmed) on the 14th or the 17th. Everyone be standing by for that deal on his or her computers to listen in.
In fact, I cannot wait to see what the entire congress is going to do about VA and the fact they have caused more harm than the Veterans fought the Nations enemy’s. Now being caught in that act we will see any criminal charges levied and job firings. I doubt it. Promotions all around for VA employees they did exactly what they were trained and told to do. Screw the American Veteran.
Let the punishment of the innocent (Veterans/Widows) and exoneration of the guilty (VA, BVA, DC Appeals Management) begin or should as I say continue.
By the way the science studies are also included in that lack of integrity as recommended by several of the participating scientists. If integrity cannot be enforced then all studies involving Veterans should be done by an outside study/source not associated with the Federal Government. No I am not even considering IOM, they have not been as forth coming and transparent as they should be considering they are making legal decisions.
Kelley
Sunday, October 26, 2008
Kelley sends an update on Shreddergate
Cortez case expected to blend PTSD and sanity
Cortez case expected to blend PTSD and sanity
It has been more than a year since Nikki Fix-Cortez was gunned down by a shotgun blast that killed her and her unborn child.
Fix-Cortez's friend, Sam Jantz, survived the attack, but not without sustaining a gunshot wound himself that put him in the hospital.
This Thursday, Ricardo Cortez, 25, will stand trial for the murder of his estranged wife, Fix-Cortez, and argue that he is not guilty by reason of insanity at the time of the shooting.
According to court documents, Cortez has asserted he suffered from Post Traumatic Stress Disorder, which prevented the formation of the required culpable mental state necessary to be charged with first-degree murder.
It was Sept. 16, 2007, when Cortez entered a home in the 4400 block of 6th Street with a shotgun and killed Fix-Cortez, 21, according to police. Cortez turned himself into police shortly thereafter, and Greeley police discovered a shotgun on the back seat of his car.
An unusual case
What transpired in Cortez's mind that night may come to light next week in first-degree murder trial.
Former Weld District Attorney Al Dominguez said he has never seen a case like this before, where a defendant may use PTSD as an insanity plea.
"PTSD is usually not a reason for insanity," Dominguez said. "The only way they can prove that is to bring in doctors who say that, and those doctors outweigh whatever the prosecution says."
Cortez's mental health was evaluated at the Colorado Mental Health Institute in Pueblo for six weeks this summer. The Tribune's request for those test results has been denied.
Dominguez said he suspects that Cortez was determined to be sane by the hospital since he is standing trial. If that's the case, Dominguez predicted the defense would bring in its own medical experts.
"It literally becomes a battle of the experts if that's what they are going to do," Dominguez said.
Court documents listing expert medical doctor testimony appears to support Dominguez's theory.
Post Traumatic Stress Disorder is brought on by a traumatic event that can be anything from a car accident, to a tour of duty in Iraq, said Dan Frantz, clinical specialist in psychological nursing at the Greeley Veterans Association clinic, who has worked with veterans suffering from PTSD for 21 years.
"PTSD that we may see in veterans may be similar to what civilians experience in civilian life, but it also may be very unique to what occurs in a combat situation," Frantz said.
Cortez served in the position of "hospital man" in the Navy from 2001-05, according to military records.
At the time of the killing, Cortez was facing other charges involving a domestic dispute with Fix-Cortez. Two months before the killing, his wife appealed to the judge to drop a restraining order against her husband. She claimed in a letter to the court that Cortez had PTSD.
Frantz listed nightmares, intrusive thoughts, flashbacks, isolation and irritation as some symptoms of PTSD.
"Vivid flashbacks are where you feel physically, and physiologically, like you are back at the traumatic event," said Frantz, who would not address Cortez's specific case.
Dr. Robert Schwarz is a psychologist who has authored two books on PTSD. While unfamiliar with Cortez's specific case, Schwarz said he could see where someone with PTSD, under stress, who is traumatized, could shoot someone while having a flashback.
"They train to be good soldiers, but when they have to come home and let this go, it is hard," Schwarz said.
He said the bottom line is veterans' bodies still think they are at war when they return from overseas. Schwarz said it isn't just a cognitive process that veterans have to deal with.
"It's not like the computer where when you reboot and all is well," Schwarz said. "Most folks just do not understand what is going on in them."
According to the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition authored by the American Psychiatric Association, to diagnose someone with PTSD that person must have been exposed to a traumatic event that involved actual or threatened death or serious injury, or a threat to the physical integrity of self or others. In addition, the person's response to the event involves intense fear, helplessness or horror.
The DMS-IV states in rare cases, the person experiences flashbacks, which last from a few seconds to a few hours, or even days, during which portions of the event are relived and the person behaves as though experiencing the event at that moment. Flashbacks can cause intense psychological distress or a physiological reaction often occurs when the person is exposed to "triggering" events that resemble or symbolize an aspect of the traumatic event, according to the DSM-IV.
Insanity parameters
This isn't Hollywood, and insanity isn't defined by straightjackets and imaginary voices. There is a specific definition of what makes a person insane under Colorado law.
According to Colorado's revised statutes, a person is insane if that person is so "diseased" or "defective" in mind at the time of the crime that the person is incapable of distinguishing right from wrong.
A person can also be deemed insane if that person suffers from a "condition of the mind" caused by a mental disease that prevented the person from forming a culpable mental state that is an essential element of the crime charged.
In either case, the jury is required not to confuse a mental disability with anger, revenge, hatred or other motives that could account for the crime, according to the statutes.
Under Colorado law the burden of proof in an insanity plea is on the people. That means the prosecution will be required to prove all the elements of the charge beyond a reasonable doubt, including proving Cortez was not insane at the time of the shooting.
Todd Taylor, attorney with Taylor & Rapp LLP, said the state considers a defendant sane, but once a defense introduces evidence of insanity, the prosecution has to prove otherwise.
Taylor said if someone is found not guilty by reason of insanity, the court is required to turn that person over to the state mental hospital where they reside until they are no longer dangerous to others or themselves. Depending on the mental illness, people typically spend six to 20 years in the hospital.
Other Cases
With Operation Iraqi Freedom and Operation Enduring Freedom, the number of veterans returning home with Post Traumatic Stress Disorder is on the rise, and some veterans find themselves in court like Ricardo Cortez.
The Associated Press reports that 40,000 troops have been diagnosed with PTSD since 2003.
In September, the Los Angeles Times reported on a 25-year-old Iraq veteran from San Clemente, Calif., charged with murder on suspicion of beating his 19-year-old girlfriend to death.
According to the L.A. Times report, John Needham had been wounded in combat and returned home with mental problems that required medication and therapy.
On Sept. 1, authorities responded to Needham's home regarding a domestic dispute. A naked Needham had to be tasered, and his girlfriend, Jacqwelyn Joann Villagomez, was found severely beaten. She died the next morning, according to the L.A. Times.
This month, the KXRM Fox 21 television station in Colorado Springs reported that a Fort Carson task force had been assigned to investigate six soldiers accused of murder since 2005.
According to the station, the task force will look at any similarities in the cases, and could examine any mental or health screenings the soldiers received. Senator Ken Salazar was quoted by the station saying PTSD is a huge problem.
Other news articles around the country tell of similar tales as Cortez's case.
In February, The New York Times published a series on veterans of Iraq that have been charged with murder after returning home. The article details Sgt. Jon Trevino of Edwardsville, Ill., who shot his estranged wife five times before turning the gun on himself. The entire scene unfolded in front of the couple's 9-year-old son, according to the N.Y. Times.
Trevino's brother-in-law attributed the killing to combat trauma, and Trevino had previously been treated for PTSD, childhood abuse and marital problems, according to the N.Y. Times article.
What's next
The two-week trial of Ricardo Cortez, charged with first-degree murder, begins Thursday in Weld District Court with jury selection.
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I agree PTSD is a large problem, I am a 100% P&T from PTSD, but I can't see where I would ever use it as an excuse on why I killed someone, I know I have had fits of rage, that is my conduct and if I explode and do something wrong I fully expect to be held accountable for it, when things get bad I have meds the VA gives me to calm me down, there is no excuse for grabbing a gun or any other weapon to solve what you perceive to be a problem, as a disabled veteran with PTSD I look at this as this lawyer as grabbing at straws to try and defend his client, to the detriment of all veterans with PTSD this type of defense harms all veterans with PTSD, we are not crazy, we have issues, but to label us as deranged killers just waiting for an excuse to kill and then use the PTSD label as a justification, BS plead your client guilty and use the PTSD as a mitigating factor to keep him from being executed, you are harming all veterans with this tactic, and I don't appreciate it.
VA, race shop team up to honor vets
VA, race shop team up to honor vets
The Hefner VA Medical Center is partnering with JR Motorsports to host "Welcome Home: Celebrating Those Who Served" on Saturday, Nov. 8.
The event honoring men and women who have bravely served in Operation Enduring Freedom and Operation Iraqi Freedom will be held from 11 a.m. to 3 p.m. at JR Motorsports, 349 Cayuga Drive, Mooresville.
An informative and fun-filled day has been planned for veterans and their families. Information on VA health care eligibility, enrollment, service compensation, vocational rehabilitation, education, employment and flu shots will also be available
JR Motorsports — home of the No. 88 Navy and No. 5 National Guard NASCAR Nationwide Series teams — will offer free race-shop tours for veterans and their families.
The Operation Enduring Freedom and Operation Iraqi Freedom program at the Hefner VA is requesting RSVP notification for all veterans who plan to attend.
Veterans that RSVP to the event will be entered into a sweepstakes for various prizes, but they must be present to win.
For additional information and/or to RSVP, call 1-800-469-8262, ext. 5501. The RSVP notification should include the veteran's name and a contact number.
Program gives disabled freedom to hunt
Program gives disabled freedom to hunt
Darren Warner • For the Enquirer • October 26, 2008
The scars that some hunters carry with them take a long time to heal - if they ever do heal.
But the caring and compassion a hunter receives from his friends and loved ones can soften these scars.
The Fort Custer Training Center Freedom Hunt that took place Oct. 18-19 provided a venue for disabled veterans and volunteers to share laughter, stories and much-needed healing.
The second annual hunt was open to any disabled veteran. Everything, including overnight accommodations, food and even meat processing, was free for all participants.
Marc Anthony of Hickory Corners was one of the hunters who took part in the two-day event.
"The best thing about the hunt is the camaraderie," he said. "Being in the situation I am, sometimes you go to an event where there's more able-boded people, and they're afraid to talk with you, or they think you're fragile."
Ten years ago, a fall from a tree stand while deer hunting left Anthony a paraplegic. Today the Quest Ministries International member speaks publicly about the need for hunters to practice proper safety.
"Hunters like to think that it won't happen to them [falling from a tree]. But I tell everyone that it can and will happen to you if you don't wear a safety harness."
Thirty-five hunters and more than 70 volunteers participated in this year's hunt.
Each hunter was paired with an assistant, who helped with transportation to and from the deer stand, locating and field-dressing a harvested animal, then transporting it to a meat processor.
Including Anthony, seven hunters were successful in bagging a whitetail. "But it's not about whether or not you got a deer," added Anthony. "It's about coming together and sharing stories."
Richard Miller of Delton, one of the event's organizers, played a key role in getting the hunt started.
"A group of us had been to a leadership event sponsored by the National Wild Turkey Federation, and we got to thinking that it would be great if we could get a hunt going at Fort Custer," Miller said.
Miller and the rest of the Fort Custer Freedom Hunt Steering Committee teamed up with the Department of Military and Veterans Affairs and the Department of Natural Resources to open up 950 acres that had not been hunted in years for the exclusive use of disabled veterans.
"The whole thing just kind of snowballs when people find out about it," said Miller. "When someone hears about it, they want to be a part of it."
Those who became involved in the hunt come from around the world.
Miller recounted a story of a group of United States servicemen and women who were stationed in Iraq and found out about the planned hunt.
"They saw our Want List on the internet, and one day a semi pulled up to unload a bunch of blinds they had donated."
The hunt represents a culmination of the dedication and efforts of literally thousands who want to make a difference for disabled veterans.
"Years ago when I got into a wheelchair, there were no support groups, and I thought my hunting and fishing were over," said Dave Neeson of Hastings. The Purple Heart recipient and Vietnam veteran bagged a five-pointer while hunting with his grandson.
The laughter and stories do not end when the hunt is over. Veterans and volunteers get together over roast venison to share more hunting stories and build friendships that will last a lifetime.
After all, isn't that what hunting is all about?
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I was born in Michigan back in the 50s, my Uncles all hunted deer in Michigan, hunting season was always exciting around my grand parents cottage at Lake Odessa, and the fall week ends were always a gathering time for the family. The kids were never allowed to go, they only took the older kids 15 and above, which left a lot of us fishing for bluegill at the lake. Makes me proud to be from Michigan reading stories like this one, thank you.
VA vows Post-9/11 GI Bill to begin on schedule
VA vows Post-9/11 GI Bill to begin on schedule
By Tom Philpott • October 26, 2008
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Buzz up! The new Post-9/11 GI Bill, which on average will double the value of education benefits for eligible veterans, will be launched on schedule next August and begin making payments to students and colleges next fall, just as Congress intended, said a senior Department of Veterans Affairs official.
Keith M. Wilson, director of education service for the Veterans Benefits Administration, told Military Update on Wednesday that concerns expressed by some lawmakers and veterans' service organizations that the new GI Bill might not start Aug. 1, as the law requires, are unfounded.
However, Wilson said, payments will have to be processed manually, as occurs now with Montgomery GI Bill and other education benefit claims, because an automated processing system won't be ready for two more years.
Only last month VA officials had assured Congress they continued to pursue a strategy to have Post-9/11 GI Bill claims handled by a private contractor who would deploy a modern claim-processing system based on industry-standard technologies and "minimal human intervention."
On Oct. 10, the VA announced that it will have to "rely upon its own work force to set up the information technology programs needed to implement the educational benefits of the new Post-9/11 GI Bill."
The VA news release explained it had not received enough proposals "from qualified private-sector contractors to create an information technology program that implements the new benefit." That left some lawmakers concerned that the department now was in a race to field its own automated processing system or the Post-9/11 benefit might not begin on schedule.
Rep. Bob Filner, D-Calif., chairman of the House Veterans Affairs Committee, reiterated that concern Wednesday, saying he was frustrated and "a little bit worried we're not going to get this done on time. They spent months telling us the only way to go was to go outside with this contractual thing in the private sector; VA could never do it. Now they say they are going to do what they told us they couldn't do. So I don't know what's going on there, whether there's any leadership, whether there's any accountability."
Filner said the new GI Bill "means so much to so many veterans we've just got to get it done, and (the VA) should devote whatever resources it takes to get it done."
Before abruptly ending its quest for an outside contractor, Filner said, the VA had whittled its choices down to four companies but was feeling a lot of heat from congressional overseers like him. Veterans' service organizations also had criticized use of a private firm to process GI Bill claims despite VA assurances that the department would not contract out "responsibility for actually administering" the new benefit.
Director Wilson said the criticism played no part in the VA decision to shift to its back-up plan for launching the Post-9/11 GI Bill program: using existing processes and just hiring more staff to screen and approve benefits manually. Applications will be processed this way until the VA has an automated system in place, which will take another 24 months, Wilson said. But the Post-9/11 GI Bill, he emphasized, will start on schedule next August.
"I want to emphasize ... we are still going to go to a rules-based automated system. What we have acknowledged is we know we can't do that by August 1. With a vendor, or without a vendor, it is not going to happen. So we have got to pay the benefits with the system that we can modify in-house and the bodies that we can hire, because we're just not willing to gamble benefit payments on this type of initiative," Wilson said.
Currently, a veteran who wants to use education benefits visits the VA GI Bill Web site (www.gibill.va.gov), fills out an application -- on line or in hard copy -- and submits it to the VA.
Although most applications arrive electronically, an individual VA processor still must check the information submitted to verify eligibility and approve payment.
That will remain the process when the new GI Bill begins although the new benefit is more complex. Under the Montgomery GI Bill, now two decades old, veterans get a flat-rate monthly benefit regardless of the school they attend. If tuition is low, the veteran pockets the difference. If tuition is higher than MGIB payments, the veteran must pay the difference.
"From our perspective it is pretty simple to administer," Wilson said. "This (new) program has a lot more variables and each payment amount going out in support of a veteran will be unique to that veteran."
Tuition and fees will be paid directly to schools based on what they charge for the courses chosen. A housing allowance based on location and a $1000-a-year stipend for books and supplies will be paid directly to students.
"So instead of having a one-size-fits-all benefit, we are tailoring the benefit payment to the individual's actual cost of education," Wilson said.
The added complexity inspired the VA to accelerate its plan to fully automate the processing of benefits. Officials initially concluded the necessary expertise wasn't available in-house, so they would have to find a contractor. This month that too was deemed too risky for an Aug. 1 start.
Wilson said the staff expansion needed to execute the new benefit using existing practices "won't be anywhere near" as high as the 800 estimate given to Congress earlier. But a revised estimate wasn't available.
Enough staff will be hired and trained, Wilson promised, so the average time to process a GI Bill application will not exceed the current wait of 19 days for MGIB users. With an automated system, he said, the goal will be 10 days and most applications would be processed and approved in a day.
Filner said he wants to have another hearing on the issue in November if Congress returns for a lame-duck session after the election.
To comment, e-mail milupdate@aol.com, write to Military Update, P.O. Box 231111, Centreville, VA, 20120-1111 or visit militaryupdate.com
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I hope the VA is right on this, the nations veterans deserve the benefits and they should be handled right and on time, they have been earned thru service.
Pieces of tubing left in man during botched VA surgeries: suit
Pieces of tubing left in man during botched VA surgeries: suit
BY MONIFA THOMAS Health Reporter mjthomas@suntimes.com
A man claiming that surgeons at Jesse Brown VA Medical Center left a rubber tube in his abdomen during surgery is suing the hospital for more than $50,000.
James E. Taylor filed a lawsuit in federal court Friday, alleging that his colon and abdomen were permanently damaged as a result of two botched surgeries at the veterans hospital at 820 S. Damen.
The first surgery, which took place Oct. 26, 2006, was to repair a hernia, Taylor's attorney Albert Brooks Friedman said. During that operation, part of a Penrose drain -- a surgical device placed in a wound to drain fluid -- was left inside Taylor's abdominal cavity, the suit claims.
The tube was discovered during a second surgery at the VA hospital last year, the suit said.
But "when they removed that foreign body, they left another piece in him," Friedman said. "There was just a string of negligent things that occurred."
Taylor had a third surgery to remove the remnants of the tube, incurring additional medical expenses in the process, Friedman said.
Raymond Leber, a spokesman for the medical center, declined to comment on the suit Saturday, saying he was not aware it.
The suit seeks more than $50,000 in damages.
Related Blog Posts Surgeries at Illinois hospital months off at the VA Hospital in Illinois
From The Medical Quack
Surgeries at Illinois hospital months off at the VA Hospital in Illinois
From The Medical Quack
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Like other hospitals the VA has it's own problems with doctors who overlook things when they are doing sugeries, and there are always 2 sides to every story, I look forward to seeing how this is settled.
Congress members' break is busy one
Congress members' break is busy one
Congress members' break is busy one
Hawaii campaigning just part of what's getting done in recess
By Dennis Camire
Gannett News Service
WASHINGTON — With Congress in recess, Hawai'i's lawmakers are keeping busy schedules of campaign activities, constituent service and public appearances.
Free of competitive races in the state this year, the state's two House members are mixing other activities into their campaigns and the state's two senators, not up for re-election, are using the time to visit federal facilities and meet with constituents.
U.S. Rep. Neil Abercrombie, D-Hawai'i, running against Republican Steve Tataii for re-election to an 11th term, is making radio ads to promote the planned $3.7 billion Honolulu rail-transit system as part of his campaign as well as putting in appearances such as at a Chinese Community Action Coalition's candidate forum.
"My campaign consists of me doing my job," Abercrombie said. "That's the best way to campaign."
Abercrombie also chairs Democratic presidential nominee Barack Obama's Hawai'i campaign and has stumped for him in battleground states. Abercrombie stopped in Ohio on behalf of Obama on the way back to Hawai'i after Congress recessed and is now running phone banks urging people in Nevada's Hawaiian communities to vote for Obama.
"We've zeroed in on people who have Hawai'i connections," Abercrombie said. "If it's close, and it appears to be close in Nevada right now, we think we're going to make the difference."
Abercrombie and U.S. Sen. Daniel Akaka, D-Hawai'i, also visited Fort Hood, Texas, last week to speak to Hawai'i Army National Guard and Reserve troops who are training for deployment to Kuwait this month.
Freshman U.S. Rep. Mazie Hirono, D-Hawai'i, said she is running a re-election campaign while meeting with constituents on environmental, education and other issues.
"I do some canvassing on the weekends and will be doing some ads," said Hirono, who faces Roger Evans on Nov. 4. "I'm ... taking nothing for granted."
Hirono also is holding town meetings where she and her staff talk with constituents about community issues. One is planned for today at Kane'ohe Elementary School and another for tomorrow at Kaunakakai Elementary School on Moloka'i.
Hirono said she also has campaigned in Hawai'i for Obama, but hasn't done anything outside the state.
"As a first-term person (in Congress), I'm pretty focused on what I need to be doing at home," she said. "For example ... I'm continuing to have meetings with people related to my Go Green focus ... (and) I've been meeting with educators."
Akaka, chairman of the Senate Veterans' Affairs Committee, is visiting Department of Veterans Affairs medical centers and other facilities across the country. So far, Akaka has toured six VA centers and plans to visit the Chicago center this week.
"The facilities that I've visited so far are have been amazing," Akaka said. "I didn't expect to see ... the huge progress they have made technically in providing service to veterans."
Akaka also stopped at Arlington National Cemetery to talk with officials there about repairs for the Tomb of the Unknowns in Washington.
This week, Akaka and U.S. Sen. Daniel K. Inouye, D-Hawai'i, will serve as hosts of a veterans' campaign lunch in Honolulu for Obama.
Inouye, chairman of the Senate Commerce Committee, also held meetings last week on the economy's impact on the state's tourism industry and Hawai'i's financial and credit markets. Other meetings are planned this week, with the Hawai'i Credit Union League, mortgage lenders and the Hawai'i Realtors Association.
As he has done for years, Inouye will take part in the traditional Democratic Party rally at Mo'oheau Bandstand in Hilo on election eve.
Inouye will leave Hawai'i a few days after the election to lead a Senate delegation to China as part of an exchange program with the National People's Congress, China's legislative body.
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Senator Akaka is the Senate Chairman of the Veterans Affairs Committee and he is spending the past few weeks visiting veterans facilities nationwide, I for one SALUTE him, he could have went to Hawaii to campaign instead he focused on the nations veterans, he is what the veterans and their families need in leadership a caring person. I thank him.