by Gary Kennedy

Each veteran who is trying to file a claim for what they feel is a service connected medical condition should seek the formal advise of a service officer from one of the many agencies, American Legion, Veteran of Foreign Wars, Disabled American Veterans, Amvets, or Paralyzed Veterans of America. Although clerks and secretaries can give you minor advice you should not rely on anything other than the forms that they may give you.

Although many people want to be of assistance, not all are qualified to give good sound advice. Some of you have probably discovered that there are some that are trained to assist you with your needs and others that can just muddy up your water. In any case, unless you yourself are a trained authority on how the system works, you will probably be doing your case more harm than good.

There are several issues that put you in the ball park for VA help:

(1) You might have a direct service connected issue; something that happened while in the military.
(2) Secondary service connection which is a condition which is caused by a previously service connected condition.
(3) Aggravated service connection and outside conditions that are aggravated by military service.
(4) Presumptive service connection which is a condition that is presumed to have been caused or aggravated by the job the veteran was assigned to do.
(5) VA faulted situation such as, error in adjustment, negligence, lack of a proper skill set, also carelessness and/or negligence.

The government doesn’t allow anything to be easy. So, of course, it would be wise to begin these things with a good representative/advocate to assist you with all the hurdles. All successful cases are based upon honesty and the compilation of all the relevant data that could possibly be necessary. Never assume you have a winner because you know it to be the truth. The government sees the truth only through the eyes of evidence. I used the word mostly intentionally as I previously mentioned the presumptive issue. There are situations that can be presumable, by the nature of one’s injury, the position held by the veteran in the military and the probability of the happening is a few other venues. Examples could be flat or damaged feet of a foot soldier wearing combat boots or perhaps a rifleman with Tinnitus and/or hearing loss. In these cases the story might be the decision maker. There are avenues a good advocate can use to help prove his/her clients case. I don’t want to sound demeaning but like any kind of business, there are good and not so good advocates. Think of your advocate like a lawyer and you will understand what I am trying to convey.

It’s wonderful to have copious amounts of support data, which all advocates should have but then again it’s another thing to know how to use and deliver that information. Also, your veterans representative must have time for you. All cases are not black and white and some require stepping outside of the coveted box and do a little extra. I have had many veterans who have applied for help on several different occasions and failed. Some used themselves as a representative and others had an advocate who couldn’t /wouldn’t give enough time. Don’t be discouraged because you have failed in the past. I personally have presented many cases that had failed previously and won. You must follow the appropriate pathway no matter how tedious and difficult. The quality of someone’s life depends on it and the advocate’s reputation relies on it.

When you begin your claim you need to have your form DD-214, you will need copies of your medical records, both military and civilian, especially those which are relevant to your claim. If you need assistance with those documents, visit your local VBA and they will assist you. You will still need an advocate after you receive these things. (Building 248, first floor or bldg. 205, third floor).

As far as administrative records, you can request a form for the procurement of these also. They are usually housed at a different facility. I always look at administrative records for the entrance exam and the exit exam. There is much information that may be disseminated from the admin, file. Cases have been won with just that file. So in conclusion of this brief explanation I will explain the pathway. You are not eligible for VA services and compensation just because you would like it. You need to present evidence that military service was in some way more likely than not the causation of your problems. I probably should mention that being in direct contact with one of the many chemical agents such as Agent Orange can be relied upon in many cases as, Direct Service Connection or even, Presumptive Service Connection, it depends on the situation. Help is available to all Honorably Discharged Veterans. In Maine just call 207-623-8411 and press “0” when you get the recording and explain the nature of your need. The operator will direct you to the correct department.

I am not sure if you will read this article before Veterans Day or not, but November 11 is the day we officially honor our veterans. I honor our vets with information that can help them along the way. “Veterans Day” has been known by several names, Remembrance Day, Armistice Day and now Veterans Day. Veterans Day got its day because WWI. Armistice day ended on the 11th hour of the 11th day of the 11th month. In any case, remember, freedom isn’t free even if sometimes it is taken for granted. We owe so much too so many for the ultimate sacrifice they gave to God, Country and those that they loved. God bless all that have served and God bless America. Happy Veterans Day and remember to pray for those who made it all possible.

by Gary Kennedy

As a Disabled American Veteran, Rotarian, and Knight of Rizal, I hear, see and speak about many things that address veteran issues but also people issues. It’s the information that folks like yourselves offer or query each day that brings about a formulated question for analysis. I personally believe that this is the greatest venue possible in searching for a common sense result. A situation always needs a result; even if the formation sought after is segmented.

So many of you have noticed in the media so much appreciation for the services of our military, police, fire department, etc.,however, from what I am hearing some if not most is just word of mouth. Some are asking, do our elected officials really care or is it just political lip service. I am 100 percent service connected disabled veteran and as many can tell you at VA, I do my best being part of the solutions to the woes of the VA’s short comings. I have a very deep affection for veterans mostly because I have been part of their trials and tribulations for some 40 plus years. One of the things I am trying to communicate is, nothing is too trivial to address and remedy. I hear reminiscence in so many of the conversations I have with my fellow veterans. Comments such as, “I remember when,” are a very common occurrence. Most of these are reflections of better times. Why is that I would like to ask our readers?

Today veterans are being given so much respect as are our police and firefighters. So many people are saying, “thank you for your service.” This definitely gives one a sometimes much needed morale boost; most people really mean it. This is also a great advertising tool. Many young men and women are being noticed to join the military. There are many positives for joining our armed forces, such as medical benefits, education, maturity and even self worth. For some it’s a way to achieve dreams through giving service. I have many issues with military as well as the VA system, however, I wouldn’t trade what the military and the VA system has given me. I am just an X soldier who likes to write and address issues that I and others feel need to be addressed. I will continue to do this until I cease to exist or the negatives are corrected.

Don’t pay me lip service unless your lips are moving towards a solution. Togus Veterans Administration was built in 1866, if my memory serves me well. It was the first and has the greatest history. We have historical cemeteries which even have “Buffalo Soldiers” buried there. We have art work and old buildings. Every inch of Togus VA has a story to tell. However, this narration is supposed to be about what we don’t have or don’t do. I have just waited until now to mention a few of the negatives that have been mentioned to me. I firmly believe that the leadership of the past has been very delusive in the way they describe the conditions of our veteran’s safe haven.

Now some veterans are being farmed/transferred out to the private sector as an escape from the responsibilities of the largest and oldest facility in our nation. Do you really think that it is cheaper or more efficient to farm out responsibility? Where does the money go that is allocated for the care of veterans? Why are we waiting months to be seen? Why are we not able to acquire more doctors and other professionals? There are some situations where farming is necessary but serious conditions need a home base. Severe medical problems require an advanced medical facility.

The regional director brags about all the money the local director will have at her discretion. It is strongly believed there is enough money but it is being used by unskilled hands. Look at the potholes in the roads and sidewalks. Look at the lack of treatment rooms for orthopedic, for example. How about the holes and broken slabs in the sidewalk. Which several veterans have had accidents; another great example is Neurology. This is a department badly, sorely needed right now as many of our veterans are from the Vietnam era. Most of these veterans are in their 70s. This is a time in life when bone, muscle and nerve conduction studies are very much in demand. Well, I hate to tell you, but we have some good doctors although not near enough. But they don’t have the equipment for their specialty. Equipment to perform EEG (Electroencephalogram) also EMG (Electromyography). We have the doctors but haven’t had the equipment for a very long time. So, farm it out at great cost. That is certainly the easy way for a 500-acre medical facility to be run. (Examine here, execute there).

I personally had a bad experience not too long ago in which I had a torn retina. The doctor at VA was more than capable to do the surgery necessary and gave it his best shot, however, at the very end of the surgery the doctor discovered that he didn’t have the tool to complete the last phase of the surgery. So, I was sent to Portland to repeat the surgery. Don’t take me wrong, out sourcing is not necessarily a bad thing in many cases and situations but certainly is not the least expensive and efficient way to doing things when you have an existing facility that could be second to none if we just put our leadership and money where they should be. Our system and the welfare of our veterans need to be looked at in a different way. It’s not what we see, it’s what we do.

God Bless all men and women in uniform, military and civilian. God Bless our wonderful country.

by Gary Kennedy

Hello my fellow vets. It’s been a couple of weeks since we’ve communicated via media. Most of what we have talked about via blog and phone had political overtones so I haven’t been able to address those issues in the paper. Most of what veterans are going through at this time have deep political overtones. So, I will just try to address other issues that affect we veterans by using a different venue.

One issue that seems to be bothering some of you is the new congestion at the Togus VA facility due to the advent of the construction of a new building in front of building #200. Building #200 houses most medical specialties such as ENT, Orthopedics, Cardiology, Spinal Cord, Physical Therapy, Gastro and much more as well as the Emergency Department. All this being said, this is a critical and very busy area.

Handicapped veterans are dropped off here and ambulances arrive here. Of all the buildings housed on the VA facility this is by far the busiest. Veterans have made complaints about what they consider an already congested area. This has turned out to become an even more serious problem with Regional Director Ryan Lilly’s decision to allow the building of the Fisher House directly across the street from this main entrance.

As I understand it, the Fisher House will accommodate families of inpatient veterans, on a temporary basis. I have been told that the Fisher House is being built through some sort of grant/trust fund. The problem here is where the new regional director, Ryan Lilly, decided to place this very big unit. Grants are wonderful but should not have stipulations of placement. VA has 500 acres and supplied transportation, if needed; location shouldn’t make a difference regarding placement.

The two most important issues regarding the placement of this massive undertaking is putting it in an already congested area and also allowing the building to be built in an area always considered to be protected by the Wetland Mandates. Within a few feet of where this building is being placed is a pond teaming with shiners (small fish), reeds containing frogs and cricket; who have always permeated the evening air with their well known and very soothing songs. Also, it has always been a sanctuary for ducks and geese. It has been a safe haven and feeding source for the migrating ducks and Canada geese for as long as I can remember. I have been going there for nearly 50 years.

Perhaps federally-controlled land falls under different rules and regulations than does domestic lands. I will have to research that more. If you have knowledge or feelings about this issue please let me know. I have contacted the department of wetlands but haven’t had a return call as of yet.

As you might recall, the previous VA Director, Ryan Lilly, initiated the Veteran Homeless Housing issue which met with some resistance as the housing was placed on federal land which has always been reserved for the VA medical facility and its future growth. At that time Mr. Lilly stated he might even consider expanding that housing idea. My question would be, does he have that kind of authority? The idea is good but the location is very poorly thought out. Our homeless vets need shelter but not next door to the hospital. There have been problems with other homeless facilities but that information wasn’t shared with our state officials. I and others feel that more oversight should be given in the future to avoid invidious overtones, of which there seems to be some. Since Mr. Lilly has been promoted to regional director it seems that the local directorship has been given to someone sharing a nepotic or at least close relationship with Mr. Lilly, Ms. Tracye Davis. The Peter Principle, which stated something regarding being promoted to the height of incompetence, might apply here. The Epiphany here should be obvious; VA problems most likely remain the same, under the same leadership principle. Ms. Davis will oversee 43,000 Maine veterans using a budget of $370 million. We will just have to watch.

God bless.

by Gary Kennedy

It seems some of you are very angry with the VA and how you are received when you try to apply for benefits as well as medical care. Normally, your first step is to approach a service organization for assistance. The service organizations that are readily available are, Disabled American Veterans (DAV), American Legion¸ Maine Veterans Services, Americans with Disa­bilities, Vet­erans of Fo­reign Wars, etc. One of these organizations should be able to talk you through the process.

All of these organizations require that you develop your own case. They will not search for your record. You must be the one to own your situation. You would need to request your military medical records, which you can do or request the Bureau of Veterans Affairs to help you. If you are already connected to the V.A. system and have a primary care provider (PCP), then you will probably have accumulated some medical records at the VA level. If you are already invested with a percentage then BVA has some of your records.

You would go to release of information in Building 200 and ask for a copy of all relevant medical records, labs, and X-rays. By relevant I mean any and all records that would support/benefit your application. These along with any outside records will aid your claim. Then your claim will be processed and any entitlement will be decided. You might be asked to undergo an examination relevant to your request for benefits. If your records are compelling you might not be asked to do that. In any case it is imperative to develop your case initially. Once the ball is rolling your advocate will advise you as to what you will need to do next. Your needs must be proven real and not frivolous.

There are some disabled veterans such as myself who volunteer to guide veterans through the process. We are not paid staff; we just try to offer a hand. I have recently heard many complaints about the process that I have just described beginning with some service organizations, as well as B.V.A.. It seems individuals tend to make it difficult for veterans by using a degrading/condescending attitude; that is how some vets describe it. Also a lot of vets take issue with Veteran’s Affairs (BVA) .

It seems some veterans speak with a veteran’s rep at BVA at length about an issue and when he or she returns to continue their subject matter they aren’t allowed to speak with the person they had originally spoken with. This is not logical. For me, that only seems logical. If a veteran prefers, feels more comfortable with a previous B.V.A representative and is willing to accommodate time constraints for any reason, why shouldn’t it be allowed? Take as they come, in my opinion, is condescending in itself. The veteran wants to feel that everyone is out to help him/her not feel the pressure of numbers or outdated procedures.

Perhaps the new center director will take a serious look at this situation. Even if the veteran isn’t successful in his/her first attempt, there is a kind way to settle that. Our vets have been through a lot; show them they are special, win, lose or draw. The closing with a veteran is very important. I think some training may be in order. God bless.

by Gary Kennedy

I will apologize to the followers of the veteran’s corner as I have been unable to follow-up on your many responses. I have personally undergone a couple of spinal surgeries which have left me laid up for the past two months. I promise, however, to whittle your comments and opinions down over the upcoming issues. I need to mention, however, if you are sending in articles for print, they must be proper/respectful and limited in length. Those of you who have called, I will handle as needed. Many of you have asked for support on issues which I will give special attention and/or refer to the proper people for appropriate answers/actions.

On January 24 Bayard Bergmann wrote a lengthy article which was difficult to understand in part. He wrote, “Only political appointees can stop the VA scandals.” Well, our column is not out to stop the VA scandals, although we believe there are many. All you have to do is pick up a paper or turn on the news to see that the world is looking at our country as one big soap opera; it’s sad and disgraceful. A country such as ours which has been respected throughout the world is now airing its dirty laundry for all to see. The Putins of the world just sit back and smile, while we drag ourselves through the mud. Although this column is dedicated to helping veterans and their problems, what we are trying to achieve is being lost along the way.

I personally don’t believe that more “Presidential Appointees” is the answer to an already teaming, listing structure which will cave in on the veteran if it is allowed to continue. Already I have heard all over the world, “take a look at yourself.” How can you defend against the implications here? These are hard times in and of themselves without our political appointees making things worse. It should be a given that a new president will in fact make all his strategic appointments: the pre-existing should be eliminated. That is just good common sense.

I don’t see the difference between 38 VA political appointees and 138 political appointees. My opinion on this is, if one person is appointing them it goes right back to a party issue. The president needs to set the tone here; it’s his direction. Most politicians are on the side of our veterans; those that have hidden agendas would be soon found out and eliminated. Veterans’ needs and rights are being given the best attention ever at this time. I happen to be one who is 100 percent permanent and total, and have been so for many years. I have been watching a very good structure appear after many stagnant years. Most of the problems most of us see are at the VA level and need to be brought out into the light of day.

The most urgent needs are of a medical nature, ie: doctors, operating rooms and a better defined B.V.A. (Bureau of Veterans Affairs). I personally believe that President Trump has done a fine job cleaning things up considering the information he has been given to work with. Those who are self-serving have kept things from him and I believe it is up to we veterans to bring the concealed problems to his attention.

Of course, the president needs people who agree with his vision for veterans and their welfare. However, inflated government doesn’t solve the problem. It just turns beef stock into beef stew. It tastes better but isn’t what you were trying to do. Veterans need to find a more direct venue for their problems so the issues are clear and the money can go where it is really needed to be. Tell what you know and make sure it gets to the president’s desk. If you try venting the problems at the local VA level, your information will fall on deaf ears. There are incompetent persons out there getting promoted beyond their capabilities; so, of course, your information will hit a break wall.

The president can’t see everything. He is fighting on many fronts to keep us free and safe; we need to help. I personally agree that the best way to populate the government with meaningful, productive help is by the president’s hand. The hangers on from previous administrations just muddy up the water and nothing gets done. Replacing the old with new is very necessary in order to move forward with the president’s vision. I don’t believe in over populating with presidential appointees. The delegation of authority is very important here, so the president must make his appointments wisely and oversee what he designs.

It’s a difficult task if one watches what is happening today, but it is the way it must be done. Partisan games do not help veterans who come from both sides of the aisle. I think we forget that our men and women in uniform come from all sides of the political spectrum. Color, gender or political affiliation really never comes into the picture when we consider our freedom. Those that serve allow us the right to move about freely and believe in what we wish. We encourage all opinions to be voiced here. God Bless.

Gary Kennedy is a disabled veteran, and accomplished veterans’ advocate. He can be reached at garyek55@gmail.com.