WEBVTT

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All across America and around the world, this

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is Veterans Radio. This is Veterans Radio. Welcome

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to Veterans Radio. I am Jim Fossone. I'm the

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officer of the deck today. We've got some great

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programs for you. We always want to remind you,

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you can find more about Veterans Radio at its

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Facebook site or at the web, veteransradio .org,

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where we're on the web 24 -7. You can find a

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lot of our podcasts there as well. We post new

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ones every Tuesday, so you can get a new story,

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a new interview, something you didn't know before

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by going to veteransradio .org. And before we

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get started, we want to thank our sponsors. First

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up, we want to thank National Veteran Business

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Development Council, NVBDC .org. It was established

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to certify both service -disabled and veteran

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-owned businesses. You'll find out how they can

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help your business by going to NVBDC .org. We

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want to thank Legal Help for Veterans. Legal

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Help for Veterans fights for veterans disability

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rights all across the nation. You can reach them

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at 800 -693 -4800 or on the web at legalhelpforveterans

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.com. We want to welcome to Veterans Radio today,

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Andrew Patrick George Everett, who I'm going

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to call Everett because he also goes by APDG.

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That's why Everett's easier. Everett, welcome

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to Veterans Radio. It's a pleasure to meet you,

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Mr. Jim. Well, I'll tell you what. An opinion

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piece that you wrote caught my attention. The

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opinion piece is titled, The VA's Disability

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Evaluation of Failing Veterans. But before we

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get into the opinion piece, we should explain

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to our veteran radio listeners that you served

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in the Air Force from 1999 to 2002. You told

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me you had officially, you were a weather technician.

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Unofficially, they dragged you into operational

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planning and you did a lot of support work for

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operational planning. Because as you noted, weather

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affects everything. Do I have that right? Oh,

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no, no, yes, sir. And yeah, no, it was just a

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matter of it was borne out by the fact that I,

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so I'm a reasonably decent writer. I was in high

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school. I ran my high school newspaper my senior

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year. So when I showed up to the weather hub

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and then showed up to the operations floor, they're

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like, oh, you can write. You've already gotten

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a commendation for that. Do we have a job for

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you? Which led me writing the Synoptic Weather

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Bulletin, which then in turn helped lead to doing

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contingency operations. oriented things because

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Well, yeah, and you Once you got out of service

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You picked up an undergraduate degree you you've

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studied at Cornell You currently are working

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on your master's in biomedical engineering at

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the University of Vermont and also working on

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some medical coursework at the University of

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Washington, so you're not only right, well, you're

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sort of an analytical guy as an engineer. That's

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what I'd sort of expect. So with an emphasis,

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I think you feel that your emphasis is in the

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medical field. Is that right? I mean, now it's

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certainly it's been a matter of transition. Like,

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obviously, when I was younger, actually, when

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I got medical out of the service, my goal was

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to go into science and tech policy. And in order

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to do that, My goal was to go to grad school

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in engineering, but I ended up doing a more liberal

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artsy oriented undergrad because honestly engineer

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engineering undergrad, especially at the University

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of Washington Yeah, that's that's that's a no

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what that I mean engineering undergrad is hard

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anyway But in the quarter school at the University

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of Washington, it just becomes impossible so

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I So I did I did a degree in econ mostly for

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the orientation towards the, for the government

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sector things like public finance, taxation,

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policy, that sort of thing. And then my real,

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my quote unquote real degree in undergrad was

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effective, a math degree focusing on applied

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math. And I skipped over the fact that you've

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done consulting work with big national firms

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in the DC area. We're not talking about any of

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that today. That doesn't really matter to us.

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But what I'm trying to get established is that

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you've had real -world experience with the VA

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disability system, and you've had sort of an

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opportunity from a higher level policy, hey,

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engineering -wise, there's a better way to do

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this, biomedical approach. That kind of is...

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how this opinion piece came about. So why did

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you write it? Who did you write it for? Right.

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So let's roll back to this summer. So the one

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big, beautiful bill passed, and it led to changes

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in federal student loan policy, which led to

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the first op -ed that I wrote for The Hill, which

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published late August. in particular how changes

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in the One Big Beautiful bill led to impositions

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on veterans and certainly prior enlisted veterans

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like myself from being able to finance going

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to med school or law school without just with

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that with the way the student loan program has

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been severely cut. Now, having done that and

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then I've got a op -ed published in the Seattle

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Times for DUI enforcement in September when the

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piece that dropped in the Washington Post in

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early October, the long -form expose that was

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written by Craig Whitlock et al. And that's the

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piece for veteran radio listeners that claimed

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there's all kinds of bureaucracy and fraud in

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the VA disability payment system. Indeed. So

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now, reading that, I was one, annoyed, two, like

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nothing they claimed was technically incorrect,

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but they certainly, the focus was only on individual

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malefactors, that is to say, individual bad boys

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or girls, and didn't look and certainly made

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claims like about why veterans file a supplementary

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and supplemental conditions and things like that,

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not at all evaluating the fact that the reason

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why veterans do the things that they do regarding

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VA claims is because this is how the system is

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designed. Every veteran who has gone through

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this claims process, as I have more than once,

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they are well aware that it is easier to get

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from zero to 90 % than it is to get from 90 to

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100. And the reason for that fundamentally is

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due to what's known as, in mathematical terms,

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is a product formula that the VA uses in order

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to try to prevent because, of course, in The

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logic makes sense from a certain point of view,

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but it doesn't fundamentally. And part of that

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is, and the Washington Post article has been

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beat up by all kinds of people, and I'm more

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than glad to jump on the bandwagon of beating

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it up because it cherry -picked bad actors, as

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you point out. Indeed. And if you have 6 .9 million

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disability beneficiaries, you can find a percentage

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or two who are going to be bad actors, and that's

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all they did. What they didn't do is really focus

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on the system. And that was what I thought was

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interesting about your op -ed articles. You sort

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of said, they're using an old approach here,

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and maybe you ought to rethink the approach,

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not pick on the veterans. So talk to us about

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that aspect. So there are several aspects that

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come into it. The rating system and the percentage

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combinations and the whole thing that the VA

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uses was put out in 1945. It's encoded into the

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CFR, that is the Code of Federal Regulations,

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which in turn is based off of an old actuarial

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model. Actuarial mathematics is, of course, especially

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in applied mathematics that deals towards figuring

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out things like life and health, the lengths

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of things and what have you. So how they built

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that formula is the assumption that all disability

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conditions for veterans were substantively independent,

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which is to say they are not physiologically

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or statistically correlated with any which is

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to say related to anything else. Now, this was

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an approach that the actuarial industry and thus

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insurance companies moved away from starting

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in the 60s and then starting by about the middle

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of the Reagan administration. I think fundamentally

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the entire actuary and insurance industry had

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moved towards a more domain aware, which is to

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say. a combination of disabilities that for like

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assessing percentage disabled, which is, I don't

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like the term, but let's go with it. And that

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right there is unique. I mean, Social Security,

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you're either 100 % or you're zero. VA rates

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individual organs and body parts differently.

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As you say without any correlation between well,

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if I have this I probably are gonna get that

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Which also leads to your you know, you've talked

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about secondary conditions Because if I've got

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a bad hip sooner or later, I'm gonna have a bad

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knee aren't I? Yep, and and so like the vast

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majority of veterans but rather let's rewind

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a second so a lot of veterans especially a lot

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of post 9 -eleven veterans myself included have

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PTSD. I mean, obviously, some it was working

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multiple deployments. For me, it was working.

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It was working in a 24 hour shop at a headquarters.

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Like, I mean, we each have we each have our thing.

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And along with constantly rotating shift work

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or, you know, inconsistent hours and everything

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else, and the various tremata of military service.

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People develop PTSD and or depression people

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develop Chronic pain elements from you know having

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to bear a lot of weight sometimes, you know I

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mean, I wasn't a combat arm soldier, but those

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who were who carry 80 90 pounds on their back

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for days if not weeks at a time There's a reason

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why they're they're back their knees and everything

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goes bad now these conditions tend to correlate,

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like PTSD and chronic pain, the correlation is

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above 50%. PTSD and apnea, the correlation is

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undeniably like for older veterans, for all veterans

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is about 50 % a bit over for younger veterans

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in the post -9, certainly in the post -9 -11

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realm, as well as a bit earlier, the correlation

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is about two thirds of people with PTSD also

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have sleep apnea. And the Washington Post article,

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the first one as well as the second one they

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did, where they were questioning, well, why does

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APMEA pay more than losing a limb or something?

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Well, going back to the way the old formula system

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that the VA uses to compute disabilities, like

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loss of a hand or a foot had a certain impairment.

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loss of the entire arm or a leg had a bigger

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one. But whether or not your foot or your arm

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was impaired really didn't matter that much except

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the ability to do certain physical tasks. PTSD,

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apnea, things like chronic pain, those affect

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sleep, affect cognition. They undeniably impact

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a whole Bunch more things including work, right?

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You know when you're in pain or you can't sleep

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You're not as effective in life the next day

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and that's part of what this takes into account

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But it's still using an old model, isn't it?

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Yep And it's one that as I have said the actuarial

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industry and everything else went away from now

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with Congress and with the VA The system, fundamentally,

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it means well, but it wasn't well designed, even

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at its time, but because, like with many things

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in government, the inertia carried over. I mean,

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it was President Reagan who once said that the

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closest thing to eternity, to immortality, is

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a federal government program. In this respect,

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he's right. Because so much of federal law is

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now built on this table, built on these assumptions,

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built on everything else, even if the US wanted

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to try to move to a comparable system like the

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British or the Australians or the Canadians run,

00:14:58.740 --> 00:15:03.779
you can bolt things on, but you cannot do a wholesale

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tear down and rebuild like they did. Realistically

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one of the things you I want to read a sentence

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from your op -ed which sure says and and as you

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listen to this sentence I'm thinking about well,

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this is a 1945 model and We thought about things

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like mental health a whole lot differently Almost

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a hundred years ago than we do today you wrote

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as a result the system continues to undervalue

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cognitive, psychological, or fatigue -based disability

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relative to physical loss. Indeed. And that's

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just a societal reality between these 80 to 100

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year difference points, isn't it? Yes, sir. I

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mean, the... The state of the art for psycho

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for psychiatric condition for psychiatry and

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neurology was very very minimal at the world

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at the at the cut of World War two and then like

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and obviously with the Vietnam era and PTSD being

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formalized as a diagnosis and everything else

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and with increase in neurological studies and

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knowledge of the brain everything looks like

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Those things have been developed and are certainly

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way more, way more is known, way more is advanced,

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but still they are discovering new things all

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the time. The brain, both as a physical organ

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and as the seed of consciousness. What we are

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learning in medical research, which I do as my

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day job now, is undeniably growing all the time.

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And policy should hopefully be at least relatively

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informed by it to move along with it. But in

00:17:03.190 --> 00:17:06.369
this case, with limited exception, it by and

00:17:06.369 --> 00:17:09.009
large hasn't. And one of the points you make

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of this system, which has its flaws, is that

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as a result, quote, regional offices measure

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performance by closure volume, not accuracy.

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In some offices, Grant claims twice the rate

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of others. That just adds additional confusion

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and to some level, I guess, wouldn't you say

00:17:31.019 --> 00:17:34.660
ever sort of gaming the system? Well, certainly.

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I mean, so in my case, I have PTSD, I have apnea,

00:17:40.920 --> 00:17:43.839
I have a metabolic condition all assessed as

00:17:43.839 --> 00:17:47.920
being service connected. So for which I get my

00:17:47.920 --> 00:17:52.319
88%. So, you know, it rounds to 90. Now, which

00:17:52.319 --> 00:17:55.079
is funny because when discussing with friends

00:17:55.079 --> 00:17:57.519
who are veterans who live in other jurisdictions

00:17:57.519 --> 00:18:02.180
and where I have similar levels of impairment

00:18:02.180 --> 00:18:08.519
to them for similar things, and yet they got

00:18:08.519 --> 00:18:13.079
their 100 percent rating, I didn't. Now, I'm

00:18:13.079 --> 00:18:17.339
not belabored, I'm not saying woe is me, but

00:18:17.339 --> 00:18:24.519
then got me curious as to If my rating is different

00:18:24.519 --> 00:18:30.480
than theirs, then what studies exist as far as.

00:18:30.859 --> 00:18:36.980
The relatively differential rates of. Of closure

00:18:36.980 --> 00:18:43.640
and or a rating being granted and apparently

00:18:43.640 --> 00:18:46.579
in this case, actually a bit unsurprisingly.

00:18:47.930 --> 00:18:50.289
VA did the bulk of that analysis themselves.

00:18:50.329 --> 00:18:55.630
They are well aware that whether or not you have

00:18:55.630 --> 00:18:59.509
representation, whether or not what region you're

00:18:59.509 --> 00:19:03.269
in makes a difference as far as whether or not

00:19:03.269 --> 00:19:06.289
your claim is accepted or not. And in my case,

00:19:06.529 --> 00:19:10.849
I am somebody who over the last 21 and a half

00:19:10.849 --> 00:19:14.029
years as a civilian veteran, I have lived in

00:19:14.029 --> 00:19:17.250
the Seattle area. I have lived in the DC area,

00:19:17.710 --> 00:19:19.990
both in Maryland and Virginia, but it doesn't

00:19:19.990 --> 00:19:23.569
matter because fundamentally that's all covered.

00:19:23.730 --> 00:19:26.029
I've lived in Philadelphia. I've lived in upstate

00:19:26.029 --> 00:19:30.470
New York. I've lived in Vermont. I've lived in

00:19:30.470 --> 00:19:33.750
multiple jurisdictions. And as a result, I've

00:19:33.750 --> 00:19:37.269
had assessments at various times done through

00:19:37.269 --> 00:19:45.009
various VA offices that One, if I had a bit more

00:19:45.009 --> 00:19:50.890
stability, maybe I could have, but I don't want

00:19:50.890 --> 00:19:54.410
to. As you say, it shouldn't be about where you

00:19:54.410 --> 00:19:58.089
live. It shouldn't be about what regional office

00:19:58.089 --> 00:20:02.890
or what raider is, but if the system is so archaic

00:20:02.890 --> 00:20:05.369
that you can have such variability, makes you

00:20:05.369 --> 00:20:08.630
wonder about the system. I want to have you comment

00:20:08.630 --> 00:20:10.690
about another line that you wrote that I found

00:20:10.690 --> 00:20:14.329
interesting, which was, Quote, the VA must replace

00:20:14.329 --> 00:20:17.930
its independence -based math with a synergy -aware

00:20:17.930 --> 00:20:21.109
domain -weighted model that advances the models

00:20:21.109 --> 00:20:24.529
inferred by the militaries of America's allies,

00:20:25.069 --> 00:20:30.089
including the UK, Canada, and Australia. So this

00:20:30.089 --> 00:20:33.289
doesn't have to be brand -new fresh ground that

00:20:33.289 --> 00:20:36.269
Congress plows. They have places they can look,

00:20:36.670 --> 00:20:39.289
where where maybe we would get better results

00:20:39.289 --> 00:20:41.769
for not only the government, but also for all

00:20:41.769 --> 00:20:44.470
the veterans in terms of certainty, right? Is

00:20:44.470 --> 00:20:46.809
that what you're telling me? Functionally, yes.

00:20:47.329 --> 00:20:50.990
Now, as I was saying a bit earlier, ideally,

00:20:51.670 --> 00:20:55.509
it would be great if you could tear down and

00:20:55.509 --> 00:20:58.809
rebuild the entire system. That isn't a feasible

00:20:58.809 --> 00:21:00.950
option. Well, certainly not politically, but

00:21:00.950 --> 00:21:05.069
also functionally, because considering all the

00:21:05.069 --> 00:21:07.890
veterans who live with the system as it currently

00:21:07.890 --> 00:21:12.430
is, if the system was changed, that would require

00:21:12.430 --> 00:21:16.390
substantive reevaluations of everybody, and I

00:21:16.390 --> 00:21:19.930
don't think that could feasibly be done, certainly

00:21:19.930 --> 00:21:25.289
not in a short matter of time. So even though

00:21:25.289 --> 00:21:31.849
that would be the ideal, there are two... ideas

00:21:31.849 --> 00:21:35.329
in practice, which could be relatively easy implemented.

00:21:36.009 --> 00:21:41.529
One of which is either a change in the product

00:21:41.529 --> 00:21:45.109
formula that the VA uses that allows for a correlative

00:21:45.109 --> 00:21:49.369
factor between the various conditions, which

00:21:49.369 --> 00:21:51.609
mathematically would be easy, but then would

00:21:51.609 --> 00:21:57.730
require, if implemented, would in no way decrease

00:21:57.730 --> 00:22:02.569
any veteran's rating and would either be the

00:22:02.569 --> 00:22:05.750
same or increase in all cases because of the

00:22:05.750 --> 00:22:09.309
multiplicative factor and the various math ethics

00:22:09.309 --> 00:22:14.769
that I will avoid because I am sure most veterans

00:22:14.769 --> 00:22:17.349
do not want to hear a lecture on applied mathematics

00:22:17.349 --> 00:22:31.259
from me. Let's just say if you have a Well, let's

00:22:31.259 --> 00:22:33.640
just go with that 70 % rating for PTSD and 50

00:22:33.640 --> 00:22:36.799
% rating for apnea of which I am sure a non -trivial

00:22:36.799 --> 00:22:41.359
percentage of your listeners have now That works

00:22:41.359 --> 00:22:45.039
out to 85 % because of you know, the 70 % so

00:22:45.039 --> 00:22:49.940
you have the 30 % remaining and yeah so now if

00:22:49.940 --> 00:22:53.559
you had built in a correlative factor that would

00:22:53.559 --> 00:22:57.240
work out to even with those two instead of 85

00:22:57.240 --> 00:23:03.789
Oh, what's that work out to? about 93 .2 % ish.

00:23:05.089 --> 00:23:08.390
And so that is to say, you get a net gain of

00:23:08.390 --> 00:23:15.109
7 .2 % or 8 .2 % because of building in the correlative

00:23:15.109 --> 00:23:19.150
factor, which should exist anyway. Now, as a

00:23:19.150 --> 00:23:21.789
practice, that would mean that you have a whole

00:23:21.789 --> 00:23:26.589
lot more veterans being pushed with a higher

00:23:26.589 --> 00:23:30.849
combined percentage. Arguably, it should happen

00:23:30.849 --> 00:23:35.630
that way anyway, but that also would require

00:23:35.630 --> 00:23:42.150
rerunning the calculations for all seven plus

00:23:42.150 --> 00:23:48.630
million veterans. Not hard to do, but as a practical

00:23:48.630 --> 00:23:52.390
matter, the easiest thing to do would be to bolt

00:23:52.390 --> 00:23:56.950
on a functional tier system that says anything

00:23:56.950 --> 00:24:02.279
between zero and 20 % Okay, like it minimal and

00:24:02.279 --> 00:24:07.299
then 20 and then over 20 to 40 being tier two

00:24:07.299 --> 00:24:13.880
over over 40 to 60 being tier three over Sorry

00:24:13.880 --> 00:24:18.119
over over 60 to 80 being tier four and then over

00:24:18.119 --> 00:24:23.460
80 to 100 being tier five which if you were to

00:24:23.460 --> 00:24:28.430
implement would also mean you wouldn't have veterans

00:24:28.430 --> 00:24:34.089
filing all the claims. Additional claims trying

00:24:34.089 --> 00:24:39.990
to get that last 10 or 20 percent because functionally

00:24:39.990 --> 00:24:44.390
anybody over 80 percent from a realistic point

00:24:44.390 --> 00:24:47.930
of view is functionally impaired to the point

00:24:47.930 --> 00:24:54.019
that civilian employment without Severe without

00:24:54.019 --> 00:24:56.720
a great deal of accommodation or flexibility

00:24:56.720 --> 00:25:02.880
and justice not feasible and the so Specifying

00:25:02.880 --> 00:25:07.180
between 83 and 88 and 92 and 97 percent is more

00:25:07.180 --> 00:25:11.579
of a bureaucratic exercise Not an actual one

00:25:11.579 --> 00:25:14.980
regarding veterans health and their ability to

00:25:14.980 --> 00:25:17.500
function That's a good point. Well, I really

00:25:17.500 --> 00:25:19.559
appreciate the time you've given us today, Everett.

00:25:19.619 --> 00:25:22.299
I thought the opinion piece did just that, made

00:25:22.299 --> 00:25:25.319
people think about it. I wanted to give a broader

00:25:25.319 --> 00:25:30.319
platform to it so that people can maybe understand

00:25:30.319 --> 00:25:32.259
a little bit, and if they get a chance, talk

00:25:32.259 --> 00:25:34.960
to their congressman or congresswoman and sort

00:25:34.960 --> 00:25:38.940
of say, you know, don't be afraid of fixing the

00:25:38.940 --> 00:25:42.680
system. There's some flaws in it. It's an old

00:25:42.680 --> 00:25:47.390
1945 model. We can do better. Sure, there's inertia,

00:25:47.650 --> 00:25:49.630
but you've given us some good ideas to think

00:25:49.630 --> 00:25:52.650
about. Again, Everett, thanks for your time today

00:25:52.650 --> 00:25:55.529
for Veterans Radio. I appreciate it, Mr. Jinn.

00:25:55.589 --> 00:25:57.730
Thank you very much. And I want to thank everybody

00:25:57.730 --> 00:26:00.549
for listening to Veterans Radio today. I am Jim

00:26:00.549 --> 00:26:03.430
Fossone. It's been a pleasure to be your host.

00:26:03.529 --> 00:26:06.230
I'm a Veterans disability lawyer at Legal Help

00:26:06.230 --> 00:26:10.150
for Veterans, and you can reach us at 800 -693

00:26:10.150 --> 00:26:15.059
-4800. or legalhelpforveterans .com on the web.

00:26:15.779 --> 00:26:18.619
You can follow Veterans Radio on Facebook and

00:26:18.619 --> 00:26:21.640
listen to its podcasts and internet radio shows

00:26:21.640 --> 00:26:25.680
by visiting us at veteransradio .org. That's

00:26:25.680 --> 00:26:29.420
veteransradio .org. If you have a VA claim denied

00:26:29.420 --> 00:26:31.660
by the Board of Veterans Appeals, contact Legal

00:26:31.660 --> 00:26:36.319
Help for Veterans at 1 -800 -693 -4800. They're

00:26:36.319 --> 00:26:38.380
experts in handling cases before the U .S. Court

00:26:38.380 --> 00:26:40.380
of Appeals for Veterans Claims. Their number

00:26:40.380 --> 00:27:06.579
again, 1 -800 -693 -4800. post 423 in Ann Arbor,

00:27:07.619 --> 00:27:11.700
and the American Legion press corn post 46 also

00:27:11.700 --> 00:27:12.380
in Ann Arbor.
