All things are not created equal within VA

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Monday April 20, 2015 · 10:29 PM PDT

2015/04/20 · 22:29

It has been tough trying to pick up the pieces and also try to do what Jeffrey wanted me to continue. He wants me to bring the VA down, particularly the Florida VA, which is going to be nigh on to impossible. One of our biggest complaints was the disparity between the different hospitals insofar as Special Mode Transportation is concerned. Special Mode Transportation was designed to transport Veterans to and from their VA appointments for those in a position that they were unable to transport themselves due to extenuating medical circumstances.

As you will see in the letter I personally, by appointment, delivered to the head of the Villages Administration one of the clinics we have had troubles with. It was my first major trip on the titanium broom since Jeffrey's death, and I delivered the first sever blow to the system. Here is the letter I hand delivered:

"14 April 2015

Dear Ms. Norman:

I would like to thank you for taking the time to sit down with me and discuss some issues that I am having with your facility. Some things are good, some things, not so good.

1. I would like you to know that you have a young man by the name of Phillip, who answers the phone systems here at the Villages, and what a joy it is to hear his voice. He is like a ray of sunshine and he needs to be commended for his wonderful attitude. It is so refreshing to be treated like a human being, instead of being treated/talked about like we vets are the scum of the earth. I would highly encourage you to put this young man in some type of training position so that he may train other customer service employees.

2. There is another issue that needs to be addressed that I have been having problems with. Special Mode Transportation, more specifically – Mr. Robert Davis. I have to start with my late husband’s situation; which plays directly in with mine.

We started trying to get Jeffrey Special Mode Transportation before I had yet another surgery because we knew it was going to be a problem getting him to and from his VA appointments both at the Villages and in Gainesville. Another veteran had told us about Special Mode Transportation and that we should put Jeffrey in for it. Up until that time, we had never even heard about it.

In November 2013. I had just had surgery in which a Taylor Spatial Frame had been put on my right lower leg and foot in hopes that it would finally heal the 5th metatarsal which has been broken since 2010. I was approved for Special Mode Transportation in December 2013 with no problems. However; since that time it has been an uphill battle. I had to become the primary driver since Jeffrey started having bits and pieces amputated – in 2011. I put my own health on the back burner to take care of him. I had put off my surgeries I had needed until we thought Jeffrey would be in a position to help take care of me. We knew that I’d literally be off my feet for months, we just didn’t realize how many months. It turned out to be far more challenging than we anticipated.

On 4 October 2013, I physically went to the Transportation department and inquired about Special Mode Transportation for Jeffrey. I filled out the paperwork and a few minutes later I was told by Mr. Davis that he was not qualified “because he was only blind.” I was stunned, and then I got mad. I asked the question “So, do you want me to let Jeffrey drive to his appointments?” I asked what was meant by “he was only blind?” and I was told that he had to be in a wheelchair. I stated that Jeffrey had a manual wheelchair (Gainesville would never approve a power wheelchair or scooter for Jeffrey – because he was BLIND!!).

The next excuse, and that is all it can be considered is an excuse, was Jeffrey had to meet the “Means Test.” I informed him that Jeffrey no longer had to meet a “Means Test” because he was Catastrophically Disabled, and we had that in writing. I was told that this didn’t apply to Special Mode Transportation; he still had to qualify under the Means Test. I told him that I wanted to see the regulation(s) that stated that and I wanted to see the regulation(s) that governed Special Mode Transportation. I was told “he would have to look them up and give them to me – later.”

While we were at the Villages for another appointment, we went by the Transportation office to get a copy of the regulation(s) governing Special Mode Transportation. I am handed a paper by Mr. Davis in which he stated “Here it is.” I looked at it and stated “This is only a policy letter, where is the regulation(s)?” He told me that this (policy letter) is what we go by. Again, we get into a heated discussion regarding the “Means Test.” Then Mr. Davis stated that Jeffrey was not qualified for Special Mode Transportation “Because he could transfer from a wheelchair into the seat of a vehicle.”

Why all the different answers? None of them had any substance to them. It is as if Mr. Davis was going to come up with any excuse he could to DENY Jeffrey Special Mode Transportation, and how many other Blind or Legally Blind Veterans has he done the same thing to? For the record, never once did we receive a letter of denial for Special Mode Transportation for Jeffrey. It is my understanding that it is a requirement, just as it is a requirement to send a letter when one is approved.
Fast forward to my current situation.

Following are secure messages that have gone back and forth with my team:

Sent: 06/13/2014 XX:XX PM
From: XXXXXXXXXXXXXXXXXXXXXXXX
To: BYARD, LINDA Subject: General Inquiry

Hi Linda: I was placing your special travel request and they need to know:
-in your home life, how do you get to your outside dr's appts?
- how do you get to the store, etc...?
-if you have a transportation system set up for those types of things, why can't you use them to get here?
Please reply..
XXXX XXXXX RN

Sent: 06/16/2014 XX:XX PM
From: BYARD, LINDA
To: ** XXXXXVillages_XXXXXXX Subject: General Inquiry
Ms. XXXX, Who, exactly, is "they?" I know you mean Transportation, but who in transportation? It is none of their business how I get to my outside doctor's appointments, the store, etc.

I believe I am entitled to Special Mode Transportation for my VA appointments and should not have to depend on others to get me there.

06/18/2014 07:51 AM
From: XXXXXXXXXX
To: BYARD, LINDA
Message ID#: XXXXXXXXXX
Subject: General Inquiry

Hi Ms Byard: Special mode transportation is a service provided to severely physically permanently impaired non-wt bearing patients primarily. Situations such as yours are considered, though, temporarily, provided there is justification for it. We are requesting to please contact your physician so he can fax to us the status of your fracture, your limitations and the time frame involved so we can proceed to enter the consult ASAP. Our primary goal is to meet your needs, however, there are polices that we also must follow. Please let us have these documents ASAP so we can proceed. I hope you do not feel that we are not trying to help you, it just takes a little longer to get the information needed to place the consult. My apologies if that was the case.

Our fax # is 352-XXX-XXXX.

XXXX XXXXX RN

Ms. Norman, these questions/statements were made to my team by Mr. Davis. I am disgusted, number one, that he would even ask these questions and make some of these statements. Number two, I would defy you to show me anywhere it defines Special Mode Transportation as “Special mode transportation is a service provided to severely physically permanently impaired non-wt bearing patients primarily.” It is sickening to me that one person plays “God” when it comes to Special Mode Transportation.

My doctor put me in for Permanent Special Mode Transportation in January 2015. She was told by Mr. Davis stated that there was no such thing as “permanent” Special Mode Transportation. That certainly is not my understanding.

Last week I had the “pleasure” of dealing with Mr. Davis regarding getting transportation for my appointment. He made the comment that my situation is ‘temporary.’ We had all hoped that, but unfortunately that is not the case and I told him that this was now permanent. He stated “Nobody told me that. So, you no longer have a vehicle and you no longer drive then…” Who is he that he can over-ride a doctor’s request and what right does he have to make these grossly obnoxious comments? I have, begrudgingly, been approved for six months of Special Mode Transportation.

I have also heard through several anonymous sources that Mr. Davis has made some very inflammatory comments regarding my situation, to wit: “She is faking it” and “I saw her riding around in her dead husband’s wheelchair.” For the record, not only am I not faking it, Jeffrey and I had separate wheelchairs. I donated his wheelchair to another veteran that is in the exact same situation that Jeffrey was in. It certainly takes a lot of gall and intestinal fortitude to make the comments that have been circulated around the Villages Clinic.

3. I was too busy taking care of my late husband and did not have the strength to fight for Jeffrey’s Special Mode Transportation. I have nothing BUT time now and I can assure you that I will take this issue to the wall.

4. I am bringing this issue to you first, to see if we can come to some type of resolution. If we cannot come to some type of resolution then I have no other alternative but to carry it to the next level.

I know that you have many employees there at the Villages that are exceptional and truly care for the veterans, and to those employees – Thank you. My team is exceptional and I appreciate them more than they know. Again, I would like to thank you for taking the time to discuss these issues.

Sincerely,

Linda S. Byard"

Now, poor Ms. Norman, tried to look up the regulation on Special Mode Transportation. I told her that she wouldn't be able to find one because one doesn't exist. She tried for at least 5 minutes or so to come up with one to no avail. She stated that they had been audited specifically on the Special Mode Transportation and took a beating because the audit showed they had been transporting people illegally. (I wonder how that audit got started? ROFL)

She then stated that she would have to go to hospital "policy" as that is what they had to follow. So we go back to when we had initially tried to get Jeffrey Special Mode Transport - in October 2013.

She finally gets to the "hospital policy," and then stated "If someone could transfer from a wheelchair into a vehicle they were considered mobile and were not entitled to Special Mode Transportation!" This woman was puffed up like a rooster getting ready to go into a fight and it was apparent that she was quite proud of herself. I let her enjoy herself for maybe 15 seconds before I went in for the kill.

I asked her if she was sure she wanted to stand by this "policy," and she stated yes, and that this was the reason that Jeffrey had been denied. I then stated to her that if this was their stance that I would shut down every Transportation Division within the Florida VA; thereby eliminating a whole lot of positions and funding.

She looked at me with her snide little smile and said "There's no way you can do that!" and I replied "Would you like to place a bet on that?" She said she'd place a bet because there was no way I could make it happen. I looked her in the eye and said "If you use the 'if one can transfer from a wheelchair into a vehicle then you're considered mobile' stance, then there isn't a veteran in the country that would qualify for Special Mode; thereby eliminating the need for any Transportation Division." Now, consider she is still puffed up like a rooster when she replied "How do you figure that?" and I replied "Because I have yet to see a wheelchair that has a built in toilet, nor one that transformed itself into a bed..." POOF! Immediate deflation of the rooster and a true "Oh Sh*t" moment. It is interesting that this is a non-issue at other VA Hospitals, such at the West Palm Beach facility where he absolutely was qualified for Special Mode Transportation, but facilities that fall under the Gainesville purview are continually denied.

I told her that I had had enough of the crap and if the situation wasn't resolved immediately I would have no other choice but to report the discrepancy to Washington DC and the news media.

The issue of Special Mode Transportation directly impacts between 200-300 veterans in the Ocala area alone, and I'm not going to let this dog lie. I am in the process of trying to contact other veterans that are legally blind or totally blind to 'march' on the VA hospital holding car keys in their hands and signs stating "I'm going to start driving to my appointments." I'm pretty sure that it will catch some air time.

Yes, I am back on my broom and I'm not backing down for love nor money.

Part III: A day in the life of a Widow(er) trying to collect benefits (AKA Governmental Doubletalk)

byardl

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Friday February 27, 2015 · 7:20 PM PST

2015/02/27 · 19:20

Office of Personnel Management (OPM) Retirement Section; this is one of the places I needed to call to notify them of Jeffrey’s death. It took me ten days to finally get in touch with them due to the new annuities documents that had been sent out. It was continuous dialing with busy signals. Even when I was able to get through, I would get a recording that all personnel were busy and to call back later, and then I was disconnected.

When I finally got a human on the line (15 Jan 15), I was told that they would have to “close his account” and then I would be sent a death packet in 4-5 weeks. Then, after I returned the packet it would be 16 weeks or so before I got his annuities. My response was “You have GOT to be kidding!” Now, I am intimately aware of how OPM works, especially doing the personnel actions. We would do anywhere from 3000 – 5000 personnel transactions a day. I was doing some calculations in my mind and thought to myself, these guys have got some serious personnel problems. I could not believe that there has been so many deaths that it could take so long to get something done. I decided that I would make weekly calls to keep on top of things.

To make a long story short, I called every week to find out the status of my claim. Every week that I called, the time of when they would send out the death package got longer, to the point that on Tuesday, 24 Feb 15, the time had been extended to 7-8 weeks and then even longer before I would start getting the annuity payments. When I mentioned that every time I called the time was getting extended. Her response was “Well the numbers change every week.” That set me off and I told her “Well, my HUSBANDS date of death hasn’t changed,” and I asked to speak to a supervisor. She told me she was a supervisor. So, I try and talk to her from a managerial point of view and asked why it was taking so long to do these transactions. She responded, “well we have to verify things, and that takes time.” I argued that he hadn’t received anything for February payments and how could that be if he still had an open account. I told her that it taking so long to get his annuity payments was causing a financial hardship and asked if it could be expedited. Her response was “You would have to send us proof that you are behind at least two months on your mortgage and other bills.” I told her that I had never gotten behind on our financial payments and I wasn’t going to start now. I tried to explain that not getting the annuity payment could mean the difference of being able to eat. She got angry and said “We’ll get to it when we get to it, just deal with it!” That comment sent me over the top.

I am angry at this point. I know how the system works and how to file an official complaint. If they are doing crap like this to me, what are they doing with people that don’t know how to file complaints? Again, in my personal opinion – you get a different answer every time you call. It is as if OPM keeps throwing cogs into the situation, people will get fed up and just quit. I’m not a quitter. I picked up the phone and called the OPM Office of the Inspector General (OIG). I explained the problems I was having, the people I had spoken to, when I spoke to them, and what was stated. I told the OIG Investigator that it was absolutely unacceptable for it to take so long to get this taken care of. He agreed and opened an investigation.

I was speaking to my son last night about everything. He responded that he has had to take out an additional Service members Group Life Insurance (SGLI) that will pay $10,000.00 immediately in case something happened to him. He went on to say that it is taking Department of Defense 8-9 months for military families to get their SGLI payments after a soldier dies. WTH is WRONG with this picture??? Why do the families of the very people that put their lives on the line for this country have to wait so long to get their benefits? Something needs to be done to fix this broken system!!

Ironically, as I was writing the diary about the Social Security I got a phone call from the head of the agency that does the death benefits stating that they were putting me on the “Express Pay Status” and that they were cutting a check and getting the packet sent out today. I will believe it when I see it, but why do we always have to clean up the system? It is insane.

Part IV: VA (which will be done tomorrow – I am exhausted!)

Part II: A day in the life of a Widow(er) trying to collect benefits (AKA Governmental Doubletalk)

byardl

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Friday February 27, 2015 · 9:24 AM PST

2015/02/27 · 09:24

There are a lot of places you need to call when someone dies – Social Security being one of them. The Funeral Home notifies them, but you are also told to notify them. Jeffrey was on Social Security Disability because he was blind. Social Security gets paid through a bank called “Direct Express” and they send you a debit card. One of the very first things that happens when Social Security is notified is that they freeze that bank account – and all the funds in there for “NON FRAUD SUSPENSION.”

I call the number that is listed on their web site to see how I can get these funds released. They tell me that they will have to send out a packet to me and that I would need to send documents back to them. Ok, fine.

At the end of January I received the letter from Direct Express Payment Processing Service. In this letter it states:

“It is very important that you provide documentation detailed below so we may process your request. Please sent legible copies of the following documents along with this letter to the address or fax number provided and allow 4-6 weeks for processing.

Please check which TWO documents are enclosed. Do not send original documents as we are unable to return them.

1)    Copy of the Certified Death Certificate for the Card account owner (required) AND
2)    Copy of one (1) of the following documents as evidence of entitlement to remaining funds:
a.    Letters of Probate OR
b.    Identification of the Estate Executor/Administrator OR
c.    Letters of Administration OR
d.    Letters Testamentary OR
e.    Small Estate Affidavit”

There is a number on this letter to call if you have questions. The only problem is – it is a recording and there is no way to speak with a human being. One of the comments on this recording is that a Last Will and Testament is not sufficient for documentation purposes.

I call the County Clerk about getting one of the above documents. I was told that I would need to hire an attorney as Jeffrey’s will did not need to be probated. Great – I am trying to get them to release these funds but I need an attorney. So, I go back to the attorney that did our Wills. I was told that it was cost me more to get one of the above letters than was in the account – to just write it off. Are you kidding me? My first thoughts were – just how much money is being stolen from the people that are getting social security? Granted, what was left in that account wasn’t a great deal – chump change for the Koch Brothers, but it was due to Jeffrey. Our will named me as executor on his estate, but that isn’t good enough. I hope somebody within that organization chokes on what they stole.

Now on to Social Security. I retired from Civil Service, so I know the ropes – so to speak. I used to take offense when people to make comments about “Lazy government workers getting paid to do nothing…” I am seriously reconsidering my position on that statement after these last eight weeks.

Getting the lump sum payment of a whopping $255.00 was fairly easy, once I got through to the Social Security Office. Getting the $1744 that is owed Jeffrey is a horse of a different color.

They sent out a document for me too fill out and return. Honest to Pete, it has to be the most confusing and ambiguous documents I have ever filled out, and I’ve filled out a lot of paperwork. I filled it out and sent it back to Social Security.

Fast-forward a couple of weeks. I call to inquire about the money. I was told it should have been released at the same time as the lump sum. She told me she was sending a note to that department to have the funds released. A week goes by and I call again. This time I get a man and he asks if I have filled out the paperwork. I asked if it was the document that had asked for my mother in laws social security number. He says no, and that he will mail it out to me that day.

I get the paperwork about five days later. Good grief, I would have walked across town and back to get the paperwork and it would have been faster. I open the envelope and it is the same paperwork I have already filled out – twice! So again I call Social Security. I’ve about had it up to my eyeballs with the crap. I explain the situation yet again. She puts me on hold and then says, “We don’t have your paperwork.” I tell her that I have done the paperwork and returned it and it’s not my problem that she can’t find it. I asked to speak to a supervisor. She tells me she is a supervisor. She told me that I’d need to prove that I had filled out the paperwork and send it to them and then it would take 30 days to process it. I told her “Not a problem – I will bring you a copy of BOTH of the documents I had sent.” I tell her that I am bringing it to her personally. She said that I could just put it in a drop box. I tell her “No, for two reasons – 1) I want you to sign for these documents and 2- I want you to remember my face because if I don’t see these funds deposited in my account within a week, the next time you see my face it will be in the media. I’m done.” I hand carry all the documents there and have her sign for it. She stated that it would be about 30 days. I told her that the original signature date of the first paperwork was the 15th of January and her 30 days were up.

I have now come to the conclusion that the government has you jump through more flaming hoops than Carter's have liver pills. I honestly believe that a lot of our government employee's do not know their jobs and we're the ones to suffer for it. You get a different story each and every time. I was called by the Supervisor yesterday and they are releasing the funds.

I think the only reason they are getting it done is because I keep a journal of who I speak to, the date and time, and what the conversation was about.

Part III – Office of Personnel Management

byardl

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Friday February 27, 2015 · 7:50 AM PST

2015/02/27 · 07:50

I know it’s been a while since I have written a diary, but it’s been a rough couple of months here. It is hard to believe Jeffrey has been gone nearly two months. It is difficult to believe what one is put through, at their most vulnerable point, when a loved one passes away. If this diary can help even one person from having to go through what I have gone through it will be worth the pain of putting this in writing.

By the time we found out that Jeffrey didn’t have long to live (mid October 2014), we started making as many plans as we could. We pre-planned both of our funerals, had it paid for in advance. We went through all of his paperwork so I would know whom to contact, etc, to collect his annuity payments. I thought we were “prepared.” Boy was I wrong.

It started the day that Jeffrey passed away, January 5, 2015. Jeffrey was under Hospice care, so when he passed away we did not have to have the police or coroner come out. It took the funeral home four and a half hours to come pick him up. As they were leaving, one of the men told me that I had to go see the Funeral Director – that day to take care of all the paperwork. I told him that we already had paid for everything, as it was pre-planned. I was told that it didn’t matter; all the paperwork has to be redone. WTH?? Keep in mind that the last five days of Jeffrey’s life, I never left his side except to go to the bathroom. I hadn’t slept, I was exhausted, and I sure as the dickens didn’t feel like having to go talk to some Funeral Director. I told the man to tell the Funeral Director that if he had to see me today, he could come to me – I wasn’t going to go to him. Fortunately, the Hospice Social Worker was here and made that happen.

The Funeral Director showed up at approximately 1:00. Now, I realize that the Funeral industry is a business; but it had been 20 years or better since I had actually been actively involved with one. That was during a time when they actually cared. My father was here with me because he wanted to make sure that things went smoothly. Both of my parents know that I can be hot tempered when pushed too far, but neither of them have seen it personally. I can normally keep it in check. I retired from both the Army and Civil Service. I don’t hit the 5’ mark on a tape measure; have fiery red hair and am 99.9% Irish.

It was obvious from the moment the Funeral Director walked through the door that this was about nothing but greed; and I mean that in the truest sense of the word. The first words out of his mouth were that we had to redo all the paperwork so they could get their money. It went downhill quickly from there. This is the condensed version. He tried to up-sell me a full-blown funeral (we just wanted him cremated). I told him “No, that’s not what he wanted.” His response – “Well, he’s no longer here so you can do whatever you want now…” Strike one. He tried to sell me a casket to have Jeffrey cremated in. Now my blood is starting to boil and I asked him point blank – how many times have you resold this casket to others? Strike two. Then he informed me that I needed to come to the funeral home and identify Jeffrey’s body, and that would only cost $250.00 because they would have to clean him up. Strike three – you are out. At that point, I lost my presence of mind is my only excuse I can give. For the first time in his life, my father saw the full fury of my temper. I literally jumped up from the table, got in the funeral directors face and let him have it with both barrels. I asked him what in the hell did you do after you picked his body up? Drop him out of the van into a mud puddle or something? And why do I have to go identify the body when YOUR facility had picked him up less than two hours ago. At that point, I threw him out of the house.

Part II – Social Security

Gainesville VA idea of Vet Care on Veterans Day

byardl

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Tuesday November 11, 2014 · 3:41 PM PST

2014/11/11 · 15:41

PTSD WARNING - GRAPHIC PHOTOGRAPHS are posted in this diary.

The Gainesville territory... got to love the care. These are pictures of a veteran I have been advocating for. The Villages CBOC farmed this 70 year old Vietnam Veteran out to a civilian hospital. When he went in, he had absolutely no skin issues whatsoever. He was put in wrist restraints 24/7 for 7 days. He was never turned or repositioned at any time as required by law. They then transferred him to a sister hospital, where he was put in a 4-6 point restraint for another 3 days. Because of this, this veteran developed a necrotic decubitus (bed sore) the size of a pancake on his buttocks, a blister the size of a light bulb on his heel, and a decubitus the size of a silver dollar on his wrist. The pictures I am posting are graphic, but it needs to get out!

The wonderful Doctor's have said "there is nothing wrong with him" and have been trying to farm him out to a KNOWN nursing home that is bad. They say that there is "no infection," - I beg to differ. I know gangrene when I see it and smell it, yet we can NOT get someone to look at this seriously. He is on no antibiotics and all they are giving him for pain is Tylenol - even when his pain level is 20 on a scale of 1-10. This is bullshit - no other word to describe it, sorry for the language.

They are killing our veterans slow and hard. I have been trying to write a diary about my own husband that I am having to watch die because of the VA. It's up close and personal and the stories need to get out.

Here are the photo's of how he arrived after he was transferred/farmed out to the sister hospital (some of the photo's appear to be cropped, but if you will click on the photo it will take you to photobucket to see the entire picture):

Notice the black necrotic tissue.

Blister on his heel.

Damage caused by wrist restraints.

This is now what he looks like, these were taken yesterday:

This is his heel - the one that had the blister. This is now considered at stage IV Eschar Ulcer. This needs to be debrided.

The decubitis on his buttocks now has an ulceration. Notice the 'lovely green' color and it is tunneling.

What his toes now look like. It took over a week to get a bed for him that wasn't too short.

Pressure wounds caused by being in a bed that was too short for his 6' 3" frame.

This has affected both feet. We we told that "They would have an extension for the bed on 4 November 2014 - we didn't get a proper bed until 10 November 2014.

We have no idea how he got these.

I also forgot to mention that this veteran is totally blind based on a bad surgery done by the VA. If this story is upsetting to you, imagine how the veterans, family and advocates feel.

Some kind of care, eh? I have gone to the executives of the hospital and had a meeting with them, and nothing has been done other than getting him the correct type of bed, and THAT just happened yesterday and the meeting took place of 4 November 2014. In that meeting was the Chief Nursing Officer, Director of Clinical Risk Management, The Administrative Nursing Director and the Director of Case Management. We went over all of our concerns, including JCAHO violations. Obviously, we got a lot of lip service and very little action. We have also made complaints to the Florida Department of Children and Families and they are investigating these issues. This has to stop, it is criminal.

We have begged to have podiatry, vascular, and infectious disease doctors to come back in. We are told that have signed off of the case - that there is nothing wrong. Now, I am not a doctor, but I can sure as hell tell from looking at him that we have a serious problem. If that infection gets into the heel bone (osteomylitus) we're in for a long hard ride - possibly even amputation. He was hospitalized because they thought he had had a stroke - and this is what we get.

We had arrangements in place to have him transferred to Bay Pines - all that was needed was for the case manager to call the patient advocate and say ok. Instead, she called and falsely reported that he had been discharged which stopped everything dead in it's tracks. We have tried working with the Assistant Director of the Villages CBOC to get him moved to Tampa or Bay Pines, but we can now not get any information from her.

Secretary McDonald, I hope that you see this diary. This is not a lone case, it's happening all over Florida - especially in the Gainesville Region.

How bad the Baker Act is in Florida

byardl

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Wednesday October 08, 2014 · 7:21 PM PDT

2014/10/08 · 19:21

Here is a list of folks I’ve been working with that have severe issues with the VA:

1. "Susie." Baker Acted 13 times 12 April 2013. This started after a botched eye surgery in February 2013 when she ended up in the emergency room hemorrhaging to the point of needing a transfusion. The doctor who did the surgery, Dr. W., was notified and showed up in the ER barking orders and pulling things from him pockets to treat her. He ordered her to be given dilaudid 59 minutes after the ER had given her morphine. Once the ER realized he did not have privileges at the hospital they told him to cease and desist and to leave. He then ordered Susie back to the Villages, where he had done surgery previously that day. The building was already locked and closed for the day and he took her into his office and locked her in with him.

She suffers from PTSD caused by being raped in basic and A-school. This sent her into a downward spiral, which caused the first Baker Act. Then the doctor was fired and the additional Baker Acts ensued. I have copies of her hospitalizations and nursing/doctors notes – over 3000 pages worth from the period of April 2013 through September 2014.

She has been Baker Acted for missing appointments, having a drink in the privacy of her own home, being intoxicated in her own home, and for ‘being tired.” They tried to Baker Act her on Friday 26 September 2014. Dr. D (Susie’s outpatient psychologist) called emergency services stating she was having a heart attack. When they came to the door, they asked if she had called and she stated that she hadn’t, she had been taking a nap. They asked if she was having a heart attack and she stated she wasn’t and they left. Shortly after that, a Gainesville Police Officer showed up and stated that has he been there when the EMS personnel were there she would have been taken to the hospital. Dr. D had told the GPD that Susie was “slightly suicidal because she wasn’t taking her meds.” They had cut her meds off the previous week. Susie had secure messaged Dr. D via Myhealthevet days before about having heart palpitations, so why didn’t Dr. D call EMS then?

On Thursday October 2, when Susie went in for a required appointment with her outpatient psychiatrist Dr. M there were VA police everywhere around the office. It was obvious to Susie that she was going to try and Baker Act her. I had come up to go to the appointment with her to be witness to it but got so deathly ill I couldn’t make it. Susie thinks the only reason she didn’t Baker Act her was because I was at her house. When the doctor asked why I was there, Susie said to protect me from you.

I am going to attach a copy of a ‘contract’ they want her to sign. It violates her constitutional and civil rights three ways from Sunday. Susie has asked repeatedly to get her mental health from private doctors and this “team” from the VA had told her that is NOT an option – that she cannot fire them. That is part of the contract they want her to sign. Make no mistake, they will find a reason to Baker Act her – whether it is legal or not, and she will disappear into the system. This case is very convoluted and is the shortest version I can give.

2. Gulf Girl just hasn’t been Baker Acted the number of times that Susie has. She has been seeing a private psychologist, Dr. F, for 18 years. All of a sudden they are demanding she that she had to be seen by them and that she can’t see an outside doctor. She was told if she did not show up for her appointment on 8 October at 1400, they would Baker Act her. Gulf Girl is stage 4, terminal, breast cancer. She told them she had a 1500 appointment with her oncologist across town and the mental health appointment was just not feasible and to reschedule it. They refused and stated she had to be at the 1400 appointment. In a letter from the Gainesville VA Hospital, dated 29 September, she receive notice of a mental health appointment for 22 November 14 at 0830. She assumed that they had rescheduled the appointment. She received a call today stating she still had the 8 October appointment. She is so terrified of being Baker Acted she is leaving the state so VA can’t find her. Her psychologist is going to the 22 November appointment with her, if they don’t Baker Act her prior to that.

3. Keith Harold Rohring – a legally blind veteran with PTSD and diabetes. He is legally blind due to a botched eye surgery performed by the VA. He was told that he does not qualify for 100% on the blindness because he is not terminally ill – an absolute outright lie. He has had to hire someone to come in a clean his home because VA has told him they have no services like that for veterans, another lie. He has osteomylitus, an infection in the bones. He had a PICC (central) line and required 3 infusions of antibiotics daily. VA tried to tell/force his hired housekeeper to do the infusions. She refused. The hospital was refusing to release him unless she agreed to do the infusions. They finally sent him home on 25 August. They sent someone named “Alicia” from Suncrest Omni to “teach” the housekeeper to do the infusions. Again, she refused. “Alicia told her “You’ll DO THIS, or else!!” VA refused to send home health care out to do the infusions and told him he would have to hire someone to come in to do them, which he did – to the tune of $205 a day, from 25 August until 15 September when he was required to go to Gainesville VA to have the PICC removed because his primary care doctor said he would develop a blood clot in the PICC that would go to his brain. So long as a PICC line is properly maintained, it can stay in for upwards of a year. Can it develop a blood clot at the end of the PICC line? Yes, but it is very easily and painlessly resolved in a matter of an hour or so and can be done in a home environment. He has had no antibiotics for his osteomylitus since 19 September. Without the antibiotics the osteomylitus, the infection will go to his heart and it will kill him. The VA has threatened to Baker Act him for not taking his meds.

On the other hand -

4. Vetwife's husband – can get no psychiatric help and he is 100% disabled PTSD. Read her diary on The Vines.

5. Dale – a 100% disabled veteran who has not been able to get home health care in for over two years – after having had it for over seven years prior – because he allegedly made an inappropriate remark to a home health care aide. His wife was always present when the aides were there. His inappropriate remark? The aide was washing his back and asked him if it was too hard. He said, “No, the harder it is it feels better,” and he has not been able to get health care in since. He has gone through his entire family coming to help out and they can no longer do it. He is 76 years old for pete’s sake.

Mental Illness, nor being Handicapped, is a felony and we shouldn't be treated as such!!

byardl

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Saturday August 23, 2014 · 8:18 PM PDT

2014/08/23 · 20:18

I am going start with the handicapped parking/bathroom issues. I will then go on with the false imprisonment.

Handicapped issues are very near and dear to my heart, especially with both my husband and I being handicapped. Malcolm Randall VA Hospital has literally gotten on my last nerve regarding handicapped issues. The straw that broke the proverbial camels back happened last night, I will get to that in just a bit.

Posted below is a picture of the women’s handicapped restroom that is located just past the main information desk. I was fortunate and able to take pictures of this when the cleaning crew was cleaning. The cleaning cart gives you a very good idea of the dimensions of the double door entryway into this restroom. My wheelchair has a very small footprint compared to the ‘scooters’ that VA issues to veterans. It is almost impossible to maneuver into this restroom if you are alone in either a wheelchair or scooter. Once you do get in, (and there is NO handicapped opener to open these doors either going into or out of the restroom) the doorway into the stall closes behind you. I don’t know about any of you, but trying to get to that door in a wheelchair to close it, it is nigh on to impossible to do. Add to that really having to “go” adds insult to injury. Once in the stall, I had less than 4” of maneuverability, and that is being very generous. How they can say this (and other restrooms within the hospital) is handicapped accessible is beyond me. Handicapped inaccessible is a far better term. If you are in a hurry to either get in to or exit from these restrooms - you are in a world of hurt, literally.

Now, lets talk about handicapped parking. It’s enough to make me want to spit nails. If we go up during normal business hours, we use valet parking and it is a godsend. If you have to go after hours, it is hell on earth. The first picture below is taken from the valet parking driveway. The first, relatively empty parking, you see from here is what used to be the handicapped parking. Now, this is dedicated to VA and DAV Van parking only. In the evening and on weekends, they go so far as to put cones up so you can’t use it – even though they are not there to use it. Do you see the parking lot that is beyond that? This is where they have a limited number of handicapped parking spaces. If you will go up about 3 1/2” or so from the bottom of the flagpole – that is MY vehicle that is being cut in two by the flagpole. My husband is legally blind and an amputee. He cannot walk that far on a good day with ease, and later in the day it is impossible for him. So, I have to let him off at the main entrance to the hospital and drive down to this parking lot that is located farther away than where regular parking starts and farther away than where the doctors park. Then, I have to get out on crutches, unload my wheelchair, then wheel myself through the lower parking lot, through the valet parking drive (which is blockaded, around the outside of the building past the ER and around the front of the hospital to get to the main entrance where I dropped my husband off at. Lord help me if I ever get up there without a fully charged wheelchair. I will be in the middle of that very smelly creek we so often refer to. On the best of days this is very difficult to do. There is normally a handicapped parking area fairly close to the main entrance that we can park in, but the last couple of times we’ve been up there, the parking lot was full, even after hours. Last night, they had that lot cordoned off with “police line” tape because there was a crane in the lot. So, I rolled down the window and asked the security guard who was standing out there in the rain where to park. I guess she didn’t understand my question because her response to me was “DUH – can’t you see the crane?” This rather ticked me off and I politely told her that it was my husband that was blind, not me, and asked if I could park in the lower parking lot since it was after normal hours. She told me that no, I could not; that I had to park in the handicapped parking that was located past that. She went on to state that my vehicle would be towed if I tried to park where the DAV Vans only parking was. I had to drop my husband off and go to the parking lot located in the north 40. Did I mention that it was raining? How about the severe lightening and wind? Raining does not come close to describing what it was doing last night. Typhoon is a far better description. I initially tried to use the umbrella, but the wind made quick work of turning it inside out, not to mention it did not work well with the crutches. By the time I was able to get the wheelchair unloaded and up to the hospital I was drenched, and that is putting it mildly. Not to mention the fact that it put me in jeopardy of becoming a moving lightening rod. To say that I was as mad as a wet hen was quite literal.

/VAParking_zps608e4fab.jpg[/IMG][/URL]

Now, on to the false imprisonment; I know I have written about this previously, but it bears writing about it yet again. For over 15 months I have questioned how VA can Baker Act someone. I have questioned how a State Magistrate Judge could come into a Federal facility and hold court! Once again, when my friend was Baker Acted two weeks ago, I contacted the attorney I had spoken with previously on her behalf. I was informed that they thought this had been resolved previously when I had called. I told them that no, it had happened once again. I was told that my previous phone call had caused them to make several phone calls, to as high up as Tallahassee and that they had been told that there were NO VA hospitals that were designated as Baker Act Receiving facilities; that they had requested something in writing but had yet to receive anything. Yesterday I received an e-mail from the attorney that they had received and e-mail from the Department of Children and Families director of Substance Abuse and Mental Health at Department of Children and Families headquarters yesterday by email: there are no VA hospitals designated as receiving facilities.

So, what does this really mean? It means that Malcolm Randall VA Hospital cannot legally Baker Act a veteran to their facility on 5E, as it is referred to. If they “Baker Act” someone, they would have to transfer them to a hospital that is designated by Florida Department of Children and Families. Once there, the veteran could request to be transferred back to a VA facility. But that doesn't happen.

Vetwife's husband was doped up and was told to sign documents and that he was being put into the VA. They shipped him off to The Vines, a private mental hospital, and then the hospital sent them a $64,000 bill. He is a 100% total and permanently disabled veteran, service connected. When he came up missing for those five days he had never seen by a psychiatrist at the VA. He was never sent back to the VA, even after requesting it per Title 38. The Vines and the VA have both told Vetwife that there is no written contract agreement between them, only a verbal agreement. The same thing happened to whatgodmade's boyfriend. The issue with Vetwife's husband was not resolved until she went on the Hal Donahue Show. (All this started with The Vines in 2012). Also, just this week I was sitting with Vetwife when she received a letter from Medicare questioning VA billing them for her husband's heart attack that VA has not paid. He was sent to the closest hospital upon talking to VA's telcare. They still "owe" that bill.

On 13 August, "Susie" was given documents stating she was "being taken to court" the following day, even though the documents stated she was given these documents on 12 August. The Public Defender that was assigned to her came and saw her the afternoon of 13 August. "Susie" told the Public Defender that a) she wanted a second opinion from an outside professional regarding her diagnosis; and b) that she wanted a continuance until she could get the second opinion and mount her case. She was told by the Public Defender that "they didn't need that." "Susie" then told the Public Defender that she wanted me as a witness for her.

I arrived at the hospital at 11:00 am on 14 August 2014, an hour before the scheduled "court" time. The Public Defender arrived at approximately 11:40 am, but never came and introduced herself to me, much less speak to me. She was in the room that the "court" was being held in talking with the State Municipal Judge assigned to the case and to "Susie's" doctor that was requesting she be involuntarily Baker Acted and given six months time, possibly including long placement at McClinney, the State psychiatric hospital. We were called into the "court" room at 12:00. No one in the room was introduced. The only person that was sworn in was "Susie's" VA inpatient psychiatrist. Everything that she told to the judge regarding "Susie's" condition and the reason she was requesting the six months was based on things that took place over a year ago. I was never acknowledged nor did the Public Defender ever call me as a witness.

We have contacted the press as high up as we can go. We've sent letters, you all have sent letters. We have called Congresspeople. Now what? It has been reported and reported.

Where is the Happy Medium???

byardl

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Monday August 04, 2014 · 5:06 PM PDT

2014/08/04 · 17:06

WHERE IS THE HAPPY MEDIUM???

It has taken me a week to calm down enough to write this diary. Once again my friend was illegally Baker Acted a week ago today. The reason? Because she “looked tired.” What a crock of manure!! When she got up to 5E, the on-call doctor stated that she didn’t need to be there. Another doctor over road him stating “based on her past history I think that the original order will stand.” It was at that time the we learned that this doctor was the husband of the admitting psychiatrist. WTH?? CAN YOU SPELL CONFLICT OF INTEREST? This baker act was nothing short of false imprisonment.

Nearly all of the patient rights have been violated. When I have actually brought paperwork in to said personnel on 5E, they mocking tell me that “their policies trump both state and federal laws.” Seriously?? It makes me mad enough to spit and my friend has to walk on eggshells while waiting to get out.

Why is it that we have on one side someone that is being illegally baker acted continuously and yet Vet Wife’s husband cannot get in to see a psychiatrist for over a year – regardless of whom she calls, and let me tell you, she has made numerous calls trying to get her husband in to psychiatrist. I had her on the phone talking to his primary care nurse and her telling VetWife “what is it you want?” My God, how much clearer could “He needs to be seen by a psychiatrist” can you get??!!

Both cases are part of the same VISN. Both cases fall under Gainesville’s Malcom Randall VA Hospital. Why is there no consistency within the system? We have, literally, both sides of the spectrum. One side you have to tiptoe around or they’re going to have you picked up and slammed into the Psych ward unnecessarily and the other side can get no care at all. What is wrong with this picture??

One may think I am beating a dead horse on this issue, but it has to STOP! We are looking at Veterans that are being mistreated. As I am my friends medical advocate, I have see first hand how the veterans are treated. They lost not only their constitutional rights, they also lose their civil rights. It’s like you have walked into another country. And don’t even get me started on the Vines – that place is a freaking nightmare. Read VetWife’s diaries on it. Jack is 100% total and permanently disabled adjudicated service connected PTSD. VetWife point blank asked Jack if he thought he was getting the proper mental health care he needed and he point blank said NO. He liked his primary care doctor and his psychologist, but that he wasn’t getting the proper care insofar as his evaluation and psych meds were concerned.

I have listed part of the law regarding the Baker Act below. You can look up it’s entirety at http://myflfamilies.com/....

394-455 Definitions.--As used in this part, unless the context clearly requires otherwise, the term:

(7) "Court," unless otherwise specified, means the circuit court.

394-459 Rights of patients

(1) RIGHT TO INDIVIDUAL DIGNITY.--It is the policy of this state that the individual dignity of the patient shall be respected at all times and upon all occasions, including any occasion when the patient is taken into custody, held, or transported. Procedures, facilities, vehicles, and restraining devices utilized for criminals or those accused of crime shall not be used in connection with persons who have a mental illness, except for the protection of the patient or others. Persons who have a mental illness but who are not charged with a criminal offense shall not be detained or incarcerated in the jails of this state. A person who is receiving treatment for mental illness shall not be deprived of any constitutional rights. However, if such a person is adjudicated incapacitated, his or her rights may be limited to the same extent the rights of any incapacitated person are limited by law.

(5) COMMUNICATION, ABUSE REPORTING, AND VISITS.--

(a) Each person receiving services in a facility providing mental health services under this part has the right to communicate freely and privately with persons outside the facility unless it is determined that such communication is likely to be harmful to the person or others. Each facility shall make available as soon as reasonably possible to persons receiving services a telephone that allows for free local calls and access to a long-distance service. A facility is not required to pay the costs of a patient's long-distance calls. The telephone shall be readily accessible to the patient and shall be placed so that the patient may use it to communicate privately and confidentially. The facility may establish reasonable rules for the use of this telephone, provided that the rules do not interfere with a patient's access to a telephone to report abuse pursuant to paragraph (e).

(c) Each facility must permit immediate access to any patient, subject to the patient's right to deny or withdraw consent at any time, by the patient's family members, guardian, guardian advocate, representative, Florida statewide or local advocacy council, or attorney, unless such access would be detrimental to the patient. If a patient's right to communicate or to receive visitors is restricted by the facility, written notice of such restriction and the reasons for the restriction shall be served on the patient, the patient's attorney, and the patient's guardian, guardian advocate, or representative; and such restriction shall be recorded on the patient's clinical record with the reasons therefor. The restriction of a patient's right to communicate or to receive visitors shall be reviewed at least every 7 days. The right to communicate or receive visitors shall not be restricted as a means of punishment. Nothing in this paragraph shall be construed to limit the provisions of paragraph (d).

(8) HABEAS CORPUS.--

(a) At any time, and without notice, a person held in a receiving or treatment facility, or a relative, friend, guardian, guardian advocate, representative, or attorney, or the department, on behalf of such person, may petition for a writ of habeas corpus to question the cause and legality of such detention and request that the court order a return to the writ in accordance with chapter 79. Each patient held in a facility shall receive a written notice of the right to petition for a writ of habeas corpus.

(b) At any time, and without notice, a person who is a patient in a receiving or treatment facility, or a relative, friend, guardian, guardian advocate, representative, or attorney, or the department, on behalf of such person, may file a petition in the circuit court in the county where the patient is being held alleging that the patient is being unjustly denied a right or privilege granted herein or that a procedure authorized herein is being abused. Upon the filing of such a petition, the court shall have the authority to conduct a judicial inquiry and to issue any order needed to correct an abuse of the provisions of this part.

(c) The administrator of any receiving or treatment facility receiving a petition under this subsection shall file the petition with the clerk of the court on the next court working day.

(d) No fee shall be charged for the filing of a petition under this subsection.

(9) VIOLATIONS.--The department shall report to the Agency for Health Care Administration any violation of the rights or privileges of patients, or of any procedures provided under this part, by any facility or professional licensed or regulated by the agency. The agency is authorized to impose any sanction authorized for violation of this part, based solely on the investigation and findings of the department.

(10) LIABILITY FOR VIOLATIONS.--Any person who violates or abuses any rights or privileges of patients provided by this part is liable for damages as determined by law. Any person who acts in good faith in compliance with the provisions of this part is immune from civil or criminal liability for his or her actions in connection with the admission, diagnosis, treatment, or discharge of a patient to or from a facility. However, this section does not relieve any person from liability if such person commits negligence.

(11) RIGHT TO PARTICIPATE IN TREATMENT AND DISCHARGE PLANNING.--The patient shall have the opportunity to participate in treatment and discharge planning and shall be notified in writing of his or her right, upon discharge from the facility, to seek treatment from the professional or agency of the patient's choice.

(12) POSTING OF NOTICE OF RIGHTS OF PATIENTS.--Each facility shall post a notice listing and describing, in the language and terminology that the persons to whom the notice is addressed can understand, the rights provided in this section. This notice shall include a statement that provisions of the federal Americans with Disabilities Act apply and the name and telephone number of a person to contact for further information. This notice shall be posted in a place readily accessible to patients and in a format easily seen by patients. This notice shall include the telephone numbers of the Florida local advocacy council and Advocacy Center for Persons with Disabilities, Inc.

394.463 Involuntary examination.--

(1) CRITERIA.--A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness and because of his or her mental illness:

(a)1. The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or

2. The person is unable to determine for himself or herself whether examination is necessary; and

(b)1. Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services; or

2. There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.

byardl

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Wednesday July 02, 2014 · 2:46 PM PDT

2014/07/02 · 14:46

no image description available — Wronged Employee

Wronged Employee

I received a phone call at approximately 10:15 this morning from a friend stating that this woman, a cardiac nurse, was at the main information desk coming into the Gainesville VA Hospital with a sign stating “This is what Administration does to whistle blowers.” She had worked as a critical care nurse in the open-heart unit. She was placed at the information desk on 27 Oct 2013. She placed the sign around her neck because she is sick and tired of being harassed by administration, which is trying to fire her from her job for turning them in. As of about an hour ago, she had been getting messages from co-workers stating that she was going to be fired for talking to the media without permission. This coming on the heels of Acting Secretary of the VA, Sloan Gibson’s visit to Gainesville speech stating that there would be NO reprisals/retaliation for whistle blowers. Regardless of what anyone has said in my previous diary, which I still stand by, this employee was denied access to the meeting, as well as others that Vetwife and I are aware of. There is one employee, a 100% service connected disabled vet that received an email stating, “be careful what you wish for…” a veiled threat regarding the meeting with the Secretary of VA. He is begging to meet with Bernie Sanders or any congressional leaders regarding VA wrong doing in Gainesville. Can anyone advise? There was another veteran that was sent directly to the Vines for mental health on Sunday 29 June 2014.

Vetwife and I have been trying to contact anyone and everyone to protect this employee. TV 20 and the Gainesville Sun did respond. I know that this is the 4th of July coming up, but this issue cannot be swept under the rug. This Critical Care Nurse currently had 38 charges pending against the VA.

byardl

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Tuesday July 01, 2014 · 9:43 AM PDT

2014/07/01 · 09:43

Last Thursday, 26 June 2014, Mr. Sloan Gibson, acting Secretary of the VA, was to be at the Gainesville VA Hospital to speak in the Auditorium at 12:00. We had heard, through the grapevine, that there was going to be extra security, etc., so we got up there at 7:30 am. We wanted to be sure that we got a seat.

Between the Security Guards and the Public Affairs Officer, they tried to throw us out no less than five times. They stated it was a closed meeting, for employees only, etc. We stood our ground that we were entitled to be in the meeting as disabled vets. We ended up having to threaten to call the local new media and site the Sunshine Law. They finally left us alone. We watched them setting up things and we actually watched them unplug the sound to the over-flow room.

At 11:30 am or there about, people started filing in. I looked at my husband and stated to him – something is wrong here, they aren’t dressed right. I only saw one person in blue jeans. I kept watching the security officer and he finally made a slashing sign across his throat to indicate all seats were taken. Most people were dressed to the nines – something you don’t see there. It was apparent to me at that point that this was nothing more than a dog and pony show. When it came time to ask questions, there were no questions asked – people that were permitted to speak were using cue cards. It would seem to me if you worked at the VA hospital you would know exactly what you wanted to say without the use of cue cards. I had raised my hand several times because I wanted to bring up the issues we have been having over Special Mode Transport, but my raised hand was ignored. These people that stood up to say something all sang the praises of the Gainesville VA hospital. Not one single solitary complaint. How odd. Then, they weren’t able to hear any questions from the over-flow room. It wasn’t until the following day that we heard that the employees were told they could NOT attend the meeting that all seats were taken and they could listen from the over-flow room. The only problem with that is there was no sound. So, not only could they not hear what the Secretary was saying, they couldn’t ask questions.

At approximately 1:00 pm we moved to another location to attend a meeting with the Secretary and the Veteran Service Officers. They sat me, at least, it a hole in the back of the room where people kept running into my leg with someone entered or exited the room. Amazingly, the only two call in’s were from Congressional staffers. One from Rubio’s office and I don’t remember the second one. Again, it was more of a dog and pony show. I was very disappointed in the meetings.

Where does one lay the blame for this fiasco? With Gainesville for setting things up to look like a literal nirvana, or with the Secretary – because he didn’t want to hear the problems? I suspect it is somewhere in the middle.

Vetwife Was Right!! Special Mode Transportation Interim Installment - Here we go again!!!!

byardl

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Friday June 20, 2014 · 9:21 AM PDT

2014/06/20 · 09:21

I had intended to write the second installment about my husband Jeffrey, and the issues he has had with the VA; however, after having received my second secure message about my request to be put back in for Special Mode Transport I decided to do this installment about this subject instead. Are we the only ones with problems with Special Mode Transport? Absolutely not! There are severe problems that fall throughout the program. Look at this story, which literally happened within days of our situation starting.

http://members.jacksonville.com/...

It is from one side of the spectrum to the other, and none of them are good.

In my first diary, I briefly spoke about our issues with the Villages Transportation section and our ongoing problems trying to get Special Mode Transportation for both of us. I find myself wondering just how many excuses this organization/individual is going to come up. How many individuals will be placed in the middle of this situation so that the blame will not fall back on the real culprit. The unfortunate person that currently holds that position is my primary care doctor’s nurse.

The Villages Out Patient Clinic states on their web page “OUR MISSION: To fulfill President Lincoln's promise - "To care for him who shall have borne the battle, and for his widow, and his orphan" - by serving and honoring the men and women who are America's Veterans,” yet there seems to be a very distinct pattern emerging when it comes to Special Mode Transportation – to use any and every excuse possible to deny many veterans the benefit of this service.

I retired from the military on 31 December 2001. I filed for my disability March 2002 and received my rating on 16 December 2002. My rated disabilities are as follows:

·    Removal of uterus and ovaries (Cancer) (50%)
·    Migraine Headaches (50%)
·    Limited motion in Lumbar Spine (40%)
·    Knee Condition (20%)
·    Knee Condition (20%)
·    Paralysis of Sciatic Nerve (10%)
·    Limited Motion of Ankle (10%)
·    Paralysis of the Sciatic Nerve (10%)
·    Embolism of the Brain (10%)

As you can see, my total rating was 220%. I had suffered many medical problems while in the military, but the kicker that forced me to retire was the stroke, which had been caused by the migraine headaches. I was incredibly fortunate in my recovery from the stroke. The primary residuals are memory problems.

I have been the primary driver since Jeffrey started having bits and pieces amputated – in 2011. I had put off the last surgery I had until we knew Jeffrey would be in a position to help take care of me. We knew that I’d literally be off my feet for months, we just didn’t realize how many months. It turned out to be far more challenging than we anticipated.

We started trying to get Jeffrey Special Mode Transportation before I even had the surgery because we knew it was going to be a problem getting him to and from his VA appointments both at the Villages and in Gainesville. Another veteran had told us about Special Mode Transportation and that we should put Jeffrey in for it. Up until that time, we had never even heard about it. As I stated in my first diary, on 4 October 2013, I physically went to the Transportation department and inquired about it for Jeffrey. I filled out the paperwork and a few minutes later I was told that he was not qualified “because he was only blind.” I was stunned, and then I got mad. I asked the question “So, do you want me to let Jeffrey drive to his appointments?” So I asked what was meant by “he was only blind?” and I was told that he had to be in a wheelchair. I stated that Jeffrey had a manual wheelchair (Gainesville will never approve an power wheelchair or scooter for Jeffrey – because he is BLIND!!). It was beyond my comprehension, literally. In confidence, I was informed that Jeffrey was not the only blind veteran this affected, that in the Ocala area alone it was affecting hundreds. There’s not much that surprises me, especially when it comes to VA, but this really set me back on my heels. So, I asked the question “What else is going on? How could so many blind veterans be continually denied?” I was told that this person was supposed to ask, “How do you get to the store? How do you get to church? How do you get to other non-VA appointments?” When the veteran replies, then they were told, “Then you can get here (VA Appointments) the same way.” It was at this point that I knew that I had to take this bull by the horns. Who do they think they are – denying veterans, especially blind veterans, this benefit? What were they there for? So, I started digging, and I started challenging.

I went back, armed with the information that Jeffrey was legally blind AND he had a wheelchair. The next excuse, and that is all it can be considered is an excuse, was Jeffrey had to meet the “Means Test.” I informed them that Jeffrey no longer had to meet a “Means Test” because he was Catastrophically Disabled. I was told that this didn’t apply to Special Mode Transportation; he still had to qualify under the Means Test. I told them I wanted to see the regulation(s) that stated that and I wanted to see the regulation(s) that governed Special Mode Transportation. I was told “they would have to look them up and give them to me – later.”

I had my surgery and within three weeks time Jeffrey and I realized that we had really bitten off more than we could chew. There was just too much he couldn’t do because of the blindness and his prosthetic. We knew that we needed help, so I contacted my doctor via secure messaging and explained the problems we were having. The doctor contacted the social worker in my VA “Team” and they contacted me. I explained our situation to them. Now, it is very difficult to explain what the Taylor Spatial Frame is. The social worker was having a very difficult time understanding what this thing was, so I asked if they had an email account, which they did, and I sent them a picture.

http://images.dailykos.com/...

On the other end of the phone I hear “Oh my God, you just made my job a whole lot easier” among other things. The first thing I was put in for was Special Mode Transportation, and it was approved on 22 November 2013. I was also put in for an appointment to see Occupational Therapy to see what else we were going to need.

I was seen by Occupational Therapy at the Villages on 6 December 2013. We discussed what are issues were and they brought up things we hadn’t even thought about. Jeffrey and I knew at the onset that I was going to be in the Taylor Spatial Frame a minimum of four months, and then the prospect of having to go through physical therapy and learning how to walk again afterwards. One of the things I needed was a motorized wheelchair or scooter. We had been given one that Jeffrey uses on a daily basis because he can only tolerate his prosthesis for a certain amount of time. Occupational Therapy and my VA doctor both agreed with this. I will go into greater detail about this in another installment, but by the end of day 11 December 2013, Gainesville had not only denied this request, but also dismissed it, without ever seeing or talking to me or anyone else. We ended up having to go through our private insurance and pay out over $2000 from our pockets to get one. During our time in the building, I was approached and asked if my phone number could be given to someone that wanted to talk to me about the issue we were having with Jeffrey getting Special Mode Transportation. We said absolutely, we would talk to anyone that wanted to discuss it. That ‘someone’ ended up being Vetwife; however, we did not get to speak until several months later.

While we were at the Villages, we went by the Transportation office to get a copy of the regulation(s) governing Special Mode Transportation. I am handed a paper by Robert Davis said here it is. I looked at it and stated “This is only a policy letter, where is the regulation(s)?” He told me that this (policy letter) is what we go by. Again, we get into a heated discussion regarding the “Means Test.” Then Robert stated that Jeffrey was not qualified for Special Mode Transportation “Because he could transfer from a wheelchair into the seat of a vehicle.” I was so angry I couldn’t see straight. There was no doubt in my military mind that this sorry sack of Siberian dung was going to continue to come up with excuse after excuse to not qualify Jeffrey for Special Mode Transportation. I had to leave. I needed to regroup and figure out how fight this.

In the meantime, we have primarily depended on my 76-year-old father to transport us nearly everywhere. The doctor that has operated on my foot/leg is in Port Charlotte, FL. She also happens to work full-time for the VA in Cape Coral and has a private practice. I see her in her private practice. Each trip we make down there – every two to four weeks – is three hours one-way. Plug in the time at the appointment and then the return trip is an all day affair. It is a painful and tiring trip for me; I can only imagine how my father feels.

I have since been in contact with Vetwife. Our stories are so similar in some aspects that it’s scary. We’ve been fighting the exact same fight, just in different boats. We have connected now and will present a united front for all to see. This crap has got to STOP. Our veterans deserve better than to be treated like this, period. I am especially livid about the fact that Robert Davis is receiving bonuses – as far as I am concerned – on the backs of blind veterans in particular.

Since Vetwife and I have started speaking about our situations, I have had to put back in for Special Mode Transportation since the original request was only for six months. This is what I received, it reads from the bottom to the top in date sequence. Does any of this sound familiar?

06/18/2014 07:51 AM
From:    XXXXXXXXXX
To:    BYARD, LINDA
Message ID#:    XXXXXXXXXX
Subject:    General Inquiry

Hi Ms Byard: Special mode transportation is a service provided to severely physically permanently impaired non-wt bearing patients primarily. Situations such as yours are considered,though,temporarily, provided there is justification for it. We are requesting to please contact your physician so he can fax to us the status of your fracture, your limitations and the time frame involved so we can proceed to enter the consult ASAP. Our primary goal is to meet your needs, however, there are polices that we also must follow. Please let us have these documents ASAP so we can proceed. I hope you do not feel that we are not trying to help you, it just takes a little longer to get the information needed to place the consult.My apologies if that was the case.

Our fax # is 352-XXX-XXXX.

XXXX XXXXX RN

Previous Messages in Thread
------Original Message------------------------
Sent: 06/16/2014 XX:XX PM
From: BYARD, LINDA
To: ** XXXXXVillages_XXXXXXX Subject: General Inquiry

Ms. XXXX,Who, exactly, is "they?" I know you mean Transportation, but who in transportation?It is none of their business how I get to my outside doctor's appointments, the store, etc.

I believe I am entitled to Special Mode Transportation for my VA appointments and should not have to depend on others to get me there.

------Original Message------------------------

Sent: 06/13/2014 XX:XX PM
From: XXXXXXXXXXXXXXXXXXXXXXXX
To: BYARD, LINDA Subject: General Inquiry

Hi Linda: I was placing your special travel request and they need to know:

-in your home life, how do you get to your outside dr's appts?
- how do you get to the store, etc...?
-if you have a transportation system set up for those types of things, why can't you use them to get here?

Please reply..

XXXX XXXXX RN

I had the Taylor Spatial Frame removed 14 May 2014 because I was in danger of developing osteomylitus – and infection in the bone – which could easily have led to my having to have a below the knee amputation. My leg (tibia) and fifth metatarsal are both still broken. I am in a boot 24/7 unless bathing (which I am finally able to do, with the help of the Home Health person that comes in three days a week). I am not permitted to place an ounce of weight on my right leg until the tibia heals for fear of a compound fracture. Initially it was thought that I would be like this and in the wheelchair for approximately 3 months. As of my last visit, it’s looking more towards 4-6 months total non-weight bearing and wheelchair bound.

Once again, the excuses have begun. First with Jeffrey and now the games have begun with me. We are both 100% disabled, mine is 100% service connected. If Robert has the “power” to deny all these vets service, they why do we even need to have the position for him? He needs to be held responsible for the DISSERVICE he has done to us, especially since he has been getting BONUSES twice a year for doing so. It is a bunch of crap and I don’t particularly care for the smell. Give us what we were promised and put our lives on the line for. It’s time to take a stand, period. Get rid of the baggage that is depriving us of what we have EARNED.

Vetwife was right.. Florida VA Administrators are hurting vets !!!! My story !!!!

byardl

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Sunday June 15, 2014 · 7:56 PM PDT

2014/06/15 · 19:56

My name is Linda (Lynn) Wheeling Byard. I am a retired veteran, 100% service connected disability. My husband, Jeffrey Byard, is a Catastrophically Disabled veteran. He is legally blind and has a Below the Knee (BKA) amputation of the right leg. My son, SSG Brett Wheeling is also a combat veteran. Our story is a long one and this diary will have to be done in installments. I was introduced to Vetwife through a mutual acquaintance. Unbeknownst to either of us, we have been fighting the exact same fight - just in different boats. We have united our efforts and we hope to somehow RIGHT the wrongs that have been imposed not only on us, but to countless other veterans. This is my first diary and I look forward to not only sharing our story, but I look forward to your comments as well. I have started a Facebook page - Ocala Veterans Task Force - to get the story of these atrocities out. I'm not doing this just for my family, but for the many veterans this situation, and others like it, that are impacting the quality of life and care in the state of Florida.

Just as a short introduction, my husband and I have been fighting with the Villages VA Out Patient Clinic since November 2013 over Special Mode Transport. We have been given excuse after excuse as to why Jeffrey is not qualified. To begin with it was "He doesn't qualify - because he is only blind," then it was "He's blind but not in a wheelchair," then it was "He doesn't meet the Means Test," and the latest excuse was "He is in a wheelchair, but because he can transfer from the wheelchair to a seat in a vehicle he does not qualify." Every time we challenge one of their reasons for him not qualifying, they come up with another excuse. I am so far past livid it is not funny.

I qualified for Special Transport Mode back in November myself because of a surgery that required me to have a Taylor Spatial Frame. The frame was just removed, but my tibia and fifth metatarsal are still broken and I will continue to be non-weight bearing and in a wheelchair for a minimum of three months, but more likely 4-6 months. I needed renewal of the Special Transport Mode and put the request in through Secure Messaging. This was the response I received:

Sent:    06/13/2014 XXXX PM
From:    XXXXXXXXXX
To:    BYARD, LINDA
Message ID#: XXXXXXXXXXX
Subject:    General Inquiry

Hi Linda: I was placing your special travel request and they need to know: -in your home life, how do you get to your outside dr's appts?- how do you get to the store, etc...?-if you have a transportation system set up for those types of things, why can't you use them to get here? Please reply..XXXXXXX RN

I have witnessed another female veteran being Baker Acted, time and time again, at the Gainesville VA Medical Center and also at the Vines, oft times illegally - Just because the doctors could, up to and including because the doctor called the police stating that she had been drinking.

I have plenty of documentation that backs up everything we have been going through. I am fighting mad and feel like I'm back fighting the enemy - only this time the 'enemy' is the very system that I was promised would take care of me.

I for one am going to STAND TALL and fight back. Enough is enough people, we cannot afford to lay down and take this crap any longer.

More to follow.

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