http://www.usatoday.com/story/news/nation/2013/04/04/veterans-affairs-disability-checks/2045701/
How dare the Army blame the timeline issue on the VA. My comment to the article is below.
Mike
I am going to have to throw the B.S. flag. The Army and the United States Army Physical Disability Evaluation Agency should clean its own house first before asking the VA to clean their house. As a disability advocate, I have seen immense delays caused by the USAPDA and their PEBs not following well established disability laws, regulations and policies. At best this causes delays when people like me insist they go back and follow the rules. At worse, the problems go undetected and the wounded warrior is denied proper DoD disability benefits.
One of my recent cases involved an Ohio National Guard member who deployed to Iraq in 2005-2006. While there he performed countless tours guarding the burn pit at the Balad Air Base with nothing more than a coffee filter for breathing protection. Three year later he was diagnosed with terminal brain cancer. His oncologist, the VA, his Medical Evaluation Board and and his line of duty investigation all stated the cancer was caused by his burn pit exposure. The VA rated the condition at 100% disabling. His PEB arbitrarily stated it his cancer was not related to his service and ordered the soldier to be discharged without DoD disability benefits. The PEB, the USAPDA and other Army agencies steadfastly refused to provide the basis for their decisions thus leaving the soldier blind to the decision rationale and unable to properly appeal the decision.
As his representative, I was unable to get the Army to answer critical questions, as required by law and regulation, about their adjudication of the case. General Boone and Colonel Cassidy, mentioned in the article above, were both personally aware of this soldier's case and did nothing to rectify the situation. I had to go to the soldier's Congressman, Representative Steve Stivers for help. Representative Stivers is also a Colonel in the Ohio National Guard. Once the Army received the letter from Representative Stivers, the Army quickly reverse their position and the soldier was ordered to be retired for disability with a 100% DoD disability rating. The Army's steadfast refusal to follow the rules caused at least a four month delay in the adjudication of the case not to mention an immense strain on the soldier and his family. It should not take Congressional involvement for the Army to follow the laws and regulations designed to protect the equities of wounded warriors.
As General Schoomaker, the ex Army Surgeon General stated, "No one should be in a hurry for a bad decision". Unfortunately all the powers to be all focus on the disability processing timeline rather than the quality of the disability adjudication and findings. The best way to shorten the disability processing timeline is to do it right the first time. Until we learn and understand that fact the problems will persist.
Michael A. Parker
LTC, USA (Retired)
Wounded Warrior Advocate
How dare the Army blame the timeline issue on the VA. My comment to the article is below.
Mike
I am going to have to throw the B.S. flag. The Army and the United States Army Physical Disability Evaluation Agency should clean its own house first before asking the VA to clean their house. As a disability advocate, I have seen immense delays caused by the USAPDA and their PEBs not following well established disability laws, regulations and policies. At best this causes delays when people like me insist they go back and follow the rules. At worse, the problems go undetected and the wounded warrior is denied proper DoD disability benefits.
One of my recent cases involved an Ohio National Guard member who deployed to Iraq in 2005-2006. While there he performed countless tours guarding the burn pit at the Balad Air Base with nothing more than a coffee filter for breathing protection. Three year later he was diagnosed with terminal brain cancer. His oncologist, the VA, his Medical Evaluation Board and and his line of duty investigation all stated the cancer was caused by his burn pit exposure. The VA rated the condition at 100% disabling. His PEB arbitrarily stated it his cancer was not related to his service and ordered the soldier to be discharged without DoD disability benefits. The PEB, the USAPDA and other Army agencies steadfastly refused to provide the basis for their decisions thus leaving the soldier blind to the decision rationale and unable to properly appeal the decision.
As his representative, I was unable to get the Army to answer critical questions, as required by law and regulation, about their adjudication of the case. General Boone and Colonel Cassidy, mentioned in the article above, were both personally aware of this soldier's case and did nothing to rectify the situation. I had to go to the soldier's Congressman, Representative Steve Stivers for help. Representative Stivers is also a Colonel in the Ohio National Guard. Once the Army received the letter from Representative Stivers, the Army quickly reverse their position and the soldier was ordered to be retired for disability with a 100% DoD disability rating. The Army's steadfast refusal to follow the rules caused at least a four month delay in the adjudication of the case not to mention an immense strain on the soldier and his family. It should not take Congressional involvement for the Army to follow the laws and regulations designed to protect the equities of wounded warriors.
As General Schoomaker, the ex Army Surgeon General stated, "No one should be in a hurry for a bad decision". Unfortunately all the powers to be all focus on the disability processing timeline rather than the quality of the disability adjudication and findings. The best way to shorten the disability processing timeline is to do it right the first time. Until we learn and understand that fact the problems will persist.
Michael A. Parker
LTC, USA (Retired)
Wounded Warrior Advocate
