Due to the passage of the Mission act, us older veterans of the Vietnam era are no longer fenced out of the benefits under the Program of Comprehensive Assistance for Family Caregivers. After a ten year wait, application for the program became available to us on October 1, 2020.
Ihe pier on Ford Island Hawaii where the Arizona was anchored.
My old mind being as it is now days, I forgot about the October 1st date and I managed to apply for the program on October 7th. There was no doubt in my mind that myself and my wife/caregiver would qualify, according to regulations, at the maximum top tier compensation rate of level 2.
Regulations stipulate that a mandatory decision would be forthcoming within ninety days. Well, you know the VA bureaucracy the way that goes. So, six months later we undergo the interviews as required to verify that we actually did qualify for the program. The interviews were conducted by social workers and an RN who works for the Veteran’s Health Administration, (VHA).
I contracted Fournier’s Gangrene as a result of my in service Agent Orange exposure and Chloracne disease. Fournier’s attacked me in July, 2020, after the VA prescribed the medication “JARDIANCE”, which is known to cause Fournier’s Gangrene, The resultant many surgeries and skin grafts devastated me. I was rendered helpless and my wife became my lifeline as she had to do everything for me. The VA surgeons had cut forty one pounds of flesh from my body. I had to be reconstructed from my knees to my navel. I found myself helpless and strapped with a catheter and a colotomy bag. About all that I was capable of was to bang on the wall when I needed assistance or to turn over. There were three nurses coming to the house every week along with a physical therapist and a occupational therapist. Those visits lasted more than one year.
The drops of fuel oil ascending from the sunken Arizona creating a never ending oil slick on the water at the surface.
If all of the foregoing was not enough, my defibrillator wires broke and came springing through my chest skin. All of that became infected. I underwent surgery to extract and replace the wires and unit. This time the unit was moved from my left chest to my right chest. I was instructed by the medical team to never again reach above my shoulders for fear of breaking the leads a second time. Not to wash or comb my hair. Not to wash my face, clean my ears or brush my teeth.
I was sent home with a hospital bed and one hundred and fifty opiate pain pills. I was told that I could reorder the opiates, all that I wanted. I was given a 12% chance to live another ninety days. I might have taken five of those opiates at the most. I did not want to become dependent on that stuff so I just sucked up the pain. The initial idea was to send me to a Veterans Home in Clarksville Tn., but COVID altered that plan. The next plan was to send me to a local nursing home. I begged to go home and the hospital staff relented and sent me home because of the rampant COVID situation in the nursing homes.
The Arizona memorial, Hawaii.
I was finally approved for the PCAFC program by the VHA at the minimum level 1 compensation rate. I immediately appealed for the maximum level two rate for which I knew that I was qualified for, but I was arboreally denied on a first and second appeal.
I asked the VHA to be recertified and that request was granted by the VHA but the result of the recertification was that I was to be continued at the minimum level 1 rate. I went through two more VHA appeals and was denied twice more. My evidence was overwhelming but the VHA would still not relent. No reason was ever given as the VHA is not required to give a reason or basis as to justify a decision.
Next I asked for a higher level review. That HLR was closed without a decision or explanation, just closed! As my last option I asked that the Board of Veterans Appeals (BVA) review the case. On June 22, 2022 the BVA granted my level 2 CPAFC benefits.
She looks so innocent in the picture!
The first six appeals were adjudicated by the Veteran’s Health Administration who are now known to have only granted access to the program to 12% of the applicants while denying 88%.
When my appeals were denied the VHA denied me, contrary to the laws and regulations as defined by Congress. The BVA is very adamant in following the laws and regulations thereby granting my claim for maximum benefits.
My question and dilemma is, If the CEAT teams who work for the VHA are so inept in their jobs, why does the VA still rely on and continue to pay those inept people to adjudicate PCAFC claims. On a side note, can you imagine the backlog of PCAFC claims that is being created at the Board?
Finally, the outcry has been so great as due to this kind of injustice by the VHA that it has caught the attention of the Senate Committee on Veterans Affairs. Keeping in mind that this injustice is being committed against our nation’s most severely wounded and service disabled veterans, Senator Tester made the remark that it was the most gut wrenching thing that he had seen in his fifteen year tenure.
Sp5 James M. Cripps
100% P&T disabled veteran to include SMC “O” and A&A at the R-2 rate
VA THE REDNECK WAY, YOU DON'T HAVE TO GO IT ALONE! 
Testing
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Thank you for sharing your incredible story with us. I read your post on asknod.com and was glad that I found your website.
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Many of my post are at hadit.com and you can also find me and listen to the various archived podcast at exposedvet.com including the subject of the PCAFC caregivers program.
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Congratulations! You are incredible! Ive learned a lot from listening to you on Exposed Vet Podcast.
We were denied PCAFC/Caregiver’s Benefits in December 2022. We appealed to BVA. BVA Remanded on March 7, 2023. BVA referenced the fact that my husband served in Vietnam and was awarded a Purple Heart.
BVA stated the CEAT review is not adequate to inform a decision on the merits. The CEAT Review failed to address the November 2022 Veteran Functional Assessment Instrument reflecting the Veteran requires some assistance partial/moderate in bathing, and Veteran is in need of assistance placing, emptying and adjusting his colostomy bag due to “poor hand grasp and nerve damage. The CEAT review failed to address the November 2022 Veteran Functional Assessment Instrument reflecting the Veteran requires at least some assistance in completing activities of daily living including toileting, bathing and dressing.” That is a pre-decisional error.
VA’s duty to assist includes, in appropriate case, the duty to conduct a thorough and contemporaneous medical examination which is accurate and fully descriptive. McLendon v. Nicholson. 20 Vet. App 79 (2006); Green v. Derwinski, 1 Vet. App. 121 (1919). When VA undertakes to obtain an evaluation, it must ensure that the evaluation is adequate. Barr v. Nichololson, 21 Vet. App. 303, 312, (2007). The Board finds that further evaluation is needed.
This matter is REMANDED for the following action:
Obtain a medical opinion from CEAT as to whether the Veteran is in need of personal care services because of:
(a) An inability to perform an activity of daily lives
(b) A need for supervision or protection based on symptoms of residuals of neurological or other impairment or injury; or
(My husband is 50% PTSD)
(c) A need for regular or extensive instruction or supervision without which the ability of the Veteran to function in daily life would be seriously impaired.
(My husband is 50 % PTSD)
The clinician should consider the November 2022 Veteran Functional Assessment Instrument evaluation reflecting that the Veteran requires at least some assistance in various grooming, bathing, and mobility activities, including washing and drying certain areas of his body; dressing and undressing; toileting; walking more than 10 feet on uneven surfaces; climbing one step; and picking up and carrying objects. In answering all questions. the medical facts and reasons underpinning every conclusion as well as an explanation of any such terms as partial or moderate assistance; or supervision or touching assistance from a caregiver for the completion of an activity of daily living, must be articulated. CEAT must (1) identify what facts and information whether found in the record or outside the record support the conclusion and (2) explain how that evidence justifies each conclusion.
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Cheryl, evidently your comment got lost in cyberspace as I just got it today, 03/18/2023. You are pretty incredible yourself. You have managed, not only to defend yourself against the VHA, but you proceeded in taking the fight back to them. With that remand, the VHA is now on the defensive. Please let me know when you win that remand, and you will win. It will put a smile on my face!
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James, I just posted my comment today 3/18/23.
I also commented a few days ago on Hadit in response to your posting: “Where does PCAFC go from here?” Hopefully, I’m remembering the title of your post, correctly.
I came over to your site to read up on the great information you are sharing.
I’m wondering how long CEAT will take to complete the Judge’s directions accorded the REMAND? We weren’t aware of the information contained within the November 2022 Assessment until the Judge revealed its content. We were stunned to find out there was an admission within the assessment done in November 2022 that my husband did exhibit need of assessment and met the eligibility need of warranting assistance from his Caregiver Wife. Yet, CEAT failed to adhere to the dictates of the Assessment. And just flat out denied us.
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You can go to the following web site. In the search box type in PCAFC caregiver.
https://search.usa.gov/search?affiliate=bvadecisions&_ga=2.77268117.1265507262.1648799257-1511624019.1640929699
There you can see that nearly all cases are remanded with the exception that I won my case. (case # a22011682) By Law, your case will also be posted there after a short period of time.
A lot of the remanded cases are ordered to be given an expedited status by the judge. I suspect that the BVA and the OIG has built a fire under the CEAT teams for their shenagains and the huge contribution to the backlog that they caused.
I really see these remands moving quickly. Look at their dates vs the remand dates. I would expect 90 to 120 days if not sooner. You can expect retro pay from your date of application.
You can go to Release of Information at your VAMC and pull the November 2022 assessment. Ask for it by exact date or just get all of November,2022 VAMC medical records. You also should be able to pull it off of the Blue Button medical notes at Myhealthevet.
You might also ask the BVA to advance on the docket. Maybe because of advanced age or por medical condition, I don’t know your speciffic situation or justification.
I am glad that you told me about your post at hadit, I wasn’t notified, but will take a look!
My email, jamescripps9@aol.com feel free to use it.
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James, I sure wish you were right. We are 13 months since being remanded and I buried my old man in February. I have fought tooth and nail to not let this go unresolved. What a joke the system is. If they weren’t so tight-lipped about every single detail, they could do themselves a great favor by allowing vets and surviving caregivers the ability to see where in line we stand. But we get nothing.
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So sorry for your loss. It’s regrettable how veterans and their wives are treated. My husband and I were first interviewed for the Caregiver’s Program on November 2022 just prior to Thanksgiving. We received a denial letter in December 2022. We appealed to BVA by December 30, 2022. BVA Remanded back to local on March 7, 2023.
The BVA Judge was notably upset revealed by the tone of the remand. He injected the fact that my husband was a combat veteran and thereby special considerations were inherently warranted in addition to his illnesses/diseases suffered.
The judge also mentioned the rules pertaining to “Duty to assist”. In finality, the judge stated CEAT’s decision was an erred decision denying us entry into the Caregiver’s Program. The judge gave instructions for CEAT to justify their denial based upon criteria related to VA laws, etc.
To this date as I write my reply, we have heard nothing (crickets) from CEAT to address the March 7, 2023—-BVA’s Remand according CEAT’s erred decision to deny our entry into the Caregiver’s Program.
Over the past year, my husband’s condition has worsen. He, now, is wheelchair bound due to continuing deteriorating of his weakening muscle and loss of use in his hands and feet as a result of a disease diagnosed about five years ago as a motor neuron disease/an ALS variant; Spinal Cord Disease causation for him becoming quardrapedically disabled. All these disabling conditions in addition to PTSD (50%); his cancers; wearing of an ostomy bag as a result of a surgery gone wrong during colorectal surgery to remove the cancer; followed soon after by Prostate Cancer (100%); he wears a condom catheter because of severe incontinence via dual causation of prostate cancer and motor neuron disease/an ALS variant. Moreover, suffering from a special type neuropathy and arthritis eminaring from the severity of the motor neuron disease/an ALS variant; also diagnosed with DM2 and Hypertension.
My reply to you anonymous is to give credrnce to your loss and give details of how we also have been mistreated by the Caregiver’s Program by their erred decision to deny my husband and his wife/me from entering the Program. And how during the wait my husband’s illnesses evolved into an increased worsening and deteriorating of my husband’s illnesses over the long-term waiting. The fact that your husband has passed on while you all waited is a travesty of cruelty put upon a man of honor who served his country without fail; yet, his country failed him via VA Social Workers/CEAT.
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When I was going through my own six appeal fiasco in my PCAFC Caregiver’s case, I wrote the President, the Vice president, The Secretary of the DVA. I wrote all of the Senate and Congress members. It is not hard to do. Write the letter and just change the name of the person that it is being sent to on the duplicate letters.. Some of them you can email, in order to save postage. The one letter that I sent to the Elizabeth Dole Foundation produced the best results, as it seems that the ED foundation somehow weilds a lot of power in VA’s PCAFC Caregiver program. The issue at hand is that you are being denied the basic right of “due process”.
“Justice delayed is justice denied” is a legal maxim. It means that if legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all.
This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because of the unfairness for the injured party who sustained the injury having little hope for timely and effective remedy and resolution. The phrase has become a rallying cry for legal reformers who view courts, tribunals, judges, arbitrators, administrative law judges, commissions[A] or governments as acting too slowly in resolving legal issues — either because the case is too complex, the existing system is too complex or overburdened, or because the issue or party in question lacks political favour. Individual cases may be affected by judicial hesitancy to make a decision. Statutes and court rules have tried to control the tendency; and judges may be subject to oversight and even discipline for persistent failures to decide matters timely, or accurately report their backlog. When a court takes a matter “under advisement” – awaiting the issue of a judicial opinion, order or judgement and forestalls final adjudication of a lawsuit or resolution of a motion – the issue of timeliness of the decision(s) comes into play.
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Sorry for your loss. It seems that so many inept decisions by the CEAT teams, which in turn, has caused so many claims to be remanded back to the VHA, and therefore creating a insurmountable backlog of BVA back to VHA remands. As CEAT teams are not repremanded or, in any way, held accountable for faulty decisions having been made, there now seems to be no fix. Please see my post to anonymous in the next post below.below.
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