Suffering from severe hearing loss caused by being around jet engines on an aircraft carrier, the lieutenant made an attempt to obtain healthcare benefits from the Veterans Administration.
On March 7, 2017, the lieutenant submitted his application for veterans health benefits on form 10-10 EZ after a letter-writing campaign for more than a year to get the VA to guide him on the proper steps for submitting a request.
The 10-10 EZ form was accompanied by several supporting documents including a letter from one of the few people he still remained in contact with, Chief Petty Officer Michael Tufariello (Chief Tuff). Michael had retired in Carrollton, Texas and was glad to help the lieutenant in his efforts to obtain VA benefits.
Chief Tuff submitted a letter of support for the lieutenant’s VA request package. Towards the end in his support letter, Chief Tuff said…
‘I am one of the few people, perhaps the only one, who knows what really happened to the lieutenant. The United States Navy used their psychiatric system to silence me, and they used their pathetic judicial system to destroy the lieutenant. Know it to be true; if there was ever a miscarriage of justice, it was the court-martial of the lieutenant.
He was punished and driven out of the service when he should have been commended, promoted and honored for attempting to protect the People’s money. His commendation would have read…
For conspicuous gallantry and intrepidity at the risk of losing his naval career, the lieutenant chose to fight against a heavily-garrisoned installation filled with hypocrites, sycophants and fawning parasites, in order to protect the American taxpayer.
He made a heroic stand, defending the rule-of-law with indomitable determination before falling mortally wounded from “stabs in the back” by naval officers operating under the color-of-law. By his dauntless fighting spirit, unrelenting aggressiveness and forceful leadership, the lieutenant gallantly sacrificed his professional life for his country.
The Navy did everything it could to intimidate, threaten and coerce. Failing that, they had no alternative, but to use the military judicial system to permanently remove him, and the threat he posed against a military version of the mafia. He was refused access to attorneys the Navy was legally required to provide, assigning one of their own attorneys instead.
Realizing the fix was in, cornered with no way to defend himself, he reluctantly pleads guilty to making love to a woman and submitting a $75 travel claim, which was never paid out. For this, he was dishonorably discharged from the naval service.
The lieutenant was severely punished, not for what he had done, but for what he was going to do. A criminal syndicate of senior naval officers became deeply concerned. They knew of the lieutenant’s ability to communicate, and his political connections in Washington.
They feared their payroll frauds, designed to keep naval reservists affiliated with the reserves, would ultimately be exposed if they didn’t throw the lieutenant overboard. The lieutenant always said, “It was never about the woman, it was always about the money.”
From my point of view, no truer words were ever spoken. The lieutenant wasn’t punished for fraternizing, or submitting a $75 travel claim; he was punished for not, “going along, to get along.” He was punished for not becoming a party to the criminal enterprise known as Naval Air Station Dallas, Texas.
In consideration of all the foregoing, I respectfully request the Veterans Administration to make things right, and provide benefits to a naval officer who bravely fought, and professionally died, for his country.’
Chief Tufariello’s ENTIRE LETTER was sent with the lieutenant’s request for health benefits to the Veterans Administration.
SURPRISE PHONE CALL FROM
THE VETERANS HEALTH ADMINISTRATION (VHA)
TOPEKA, KANSAS
In 2013, an Army intelligence analyst by the name of Chelsea Elizabeth Manning (formerly: Bradley Edward Manning) was court-martialed for providing Wikileaks 750,000 classified and/or sensitive documents. When it was discovered that Manning was allegedly going to receive VA healthcare, friends of the lieutenant encouraged him to make one last attempt to obtain VA health benefits.
What he didn’t know was that because he was convicted at a general court-martial, he (and his family) are statutorily barred from any benefits from the VA.
Receiving no response from the Veterans Administration regarding his application, he sought the help of a U.S. Senator to just get the VA to respond to his requests for guidance. The VA finally did respond and instructed him to submit his request for benefits on form 10-10 EZ to the VA intake unit at Janesville, Wisconsin and not to VA HQ in Atlanta, Georgia.
His application was mailed in with supporting documents including his DD-214 form. Months went by when he received a phone call from a VA unit in Texas asking for yet another copy of his DD-214. Several more weeks go by when the lieutenant received yet another phone call from the same unit in Texas asking for yet another copy of his DD-214.
HEALTHCARE BENEFITS ARE APPROVED?
On Saturday, November 04, 2017, the lieutenant received a phone call from the Veterans Administration. He was thinking to himself, ‘Oh my God, now they need a fourth copy of my DD-214 form.’ A polite woman, in a soft voice, asked to verify his name and rank. He responded, “Well, I used to be a lieutenant, and very nearly became a lieutenant commander. How can I help you.”
The woman said with authority in her voice, “I am calling from the Veterans Health Administration in Topeka, Kansas, and I am pleased to tell you that your application for VA health benefits has been approved for 100% coverage, which includes dental as well.”
There was silence on the phone as the lieutenant sat staring out the window in disbelief. He was absolutely stunned. He hadn’t expected any positive news from the Veterans Administration concerning his request for benefits. Other naval officers, he knew told him not to get his hopes up, that his dishonorable discharge would bar any veterans benefits of any kind.
After a long pause, the lieutenant said, “Say that again, please….. Did you say my application for VA benefits has been approved?” The woman reiterated, “Yes sir, that is correct, your application for veterans health benefits has been approved, 100%.”
He was instructed to travel to any VA hospital or outpatient clinic to obtain his VA ID card.
On October 16, 2017, Sgt Bowe Bergdahl admitted to desertion and misbehavior before the enemy. On Friday, November 3, 2017, Bergdahl received his sentence. Bergdahl, who was born the same year the lieutenant was kicked out of the Navy, received pretty much the same punishment the lieutenant received; a dishonorable discharge.
In other words, if we do have equal justice under law, then the military was saying a date with an enlisted woman in the naval reserves, is just as serious as desertion and fighting for the enemy in Afghanistan.
The very next day after the Bergdahl sentence was announced, the lieutenant received the phone call from VA (building #9) in Topeka, Kansas. The VA caseworker told him she would be sending him a booklet entitled, “Veterans Health Benefits Handbook,” and directed him to go to any VA unit (hospital or outpatient clinic) to receive his VA health ID card.
She ended the phone call saying, “Sir, thank you for your service to your country.” The lieutenant said, “Thank you. I don’t think anyone has said that to me before.”
As he ended the call and laid his cell phone on a desk, he was thinking to himself, ‘she has no idea of the sacrifice that Chief Tuff and I gave for our country.’ The lieutenant suspects that someone in the VA, may have been cognizant of the Bergdahl decision, decided that it was wrong to deny him access to medical care.
It was wrong for a man who fraternized and submitted a $75 travel claim to receive the same punishment as someone like Bergdahl who deserted his post and joined the enemy. The lieutenant is most appreciative to whoever approved his request for VA health benefits, whatever the reason was.
Looking through the window he thought, ‘the Navy punished me, and labeled my service as dishonorable, now the VA is thanking me for my military service… what a strange world we live in.’
On November 17, 2017, the VA sent the lieutenant his Veterans Health Benefits Handbook with a letter. The letter said, “…welcome to the VA and thank you for your service! You are now enrolled with VA for your health care and can begin utilizing your VA health care benefits.” It was signed, “Office of Communications, VHA, Member Services.”
FORGET WHAT WE SAID,
YOU’RE A DISHONORABLE SOB
AND THEREFORE DENIED ANY VA BENEFITS
Upon hearing that he had been approved for VA health benefits, the first thing the lieutenant did was to call his local outpatient clinic in San Luis Obispo, California. That didn’t work because they just sent the call to Los Angeles. Instead, he drove to San Luis Obispo and spoke with the receptionist. He told the receptionist that he would prefer to be attached to the Palo Alto VA system because of their outstanding rating and because he had a relative in the San Francisco area.
The receptionist explained that if she issued the card he would automatically be in the Los Angeles system and suggested that if he wanted a card from the Palo Alto system, that he should drive up to the outpatient clinic in Marina, California to obtain his health card. Since the holiday season was just around the corner, the lieutenant decided to wait until after the first of the year (2108) to make the drive.
Since he lived 150 miles south of the Marina, California outpatient clinic, the lieutenant decided to call before heading up there. “Sure, come on up, we have you on the computer here and we’ll get you set right up with a new health card.” On Thursday, January 4, 2018, the lieutenant hit the road for Marina, CA.
Unfortunately, it was all a waste of gasoline and time because the lieutenant was denied his ID card and turned away saying there was nothing they could do. VA Program Support Assistant, Darlene, Flores said the Navy had entered “XXXXXXXXX” in block 24 “Character of Service” on his DD-214.
Because of this, she said they could not issue a VA ID card. Apparently, the Navy should have entered “dishonorable” in block 24, but either failed to do it because of simple ineptitude or were ashamed they dishonorably discharged a reserve naval officer for fraternization since fraternization was occurring all over the base.
Terribly disappointed that his effort to obtain his ID card was all for naught, the lieutenant departed the clinic for his 2.5-hour drive back home. Thus far, the lieutenant has no ID card and no access to VA health benefits. He called in to check on the status, but was told that his case is “PENDING.” He went from 100% approved for VA health benefits to a “PENDING” status.
On March 6, 2018, the lieutenant called VA headquarters in Atlanta to inquire about whether his pending status had changed. The clerk said there was no change, he was still in a “PENDING” status. The clerk said, “Sir we need a copy of your DD-214.” The lieutenant let out a sigh, “You folks now need a fifth copy of my DD-214 form?”
The lieutenant had sent in the first copy with his original application, then was requested twice from a VA unit in Texas to submit copies of his DD-214. When he was turned away by the VA outpatient clinic, he physically handed over a copy of his DD-214 form. Now the VA clerk was requesting a fifth copy of his DD-214 form.
The lieutenant mailed the VA in Atlanta, Georgia the fifth copy of his DD-214 form that same day, March 6, 2018. He went to OfficeMax and made twenty more copies anticipating this was going to be a long haul.
On April 11, 2018, the VA finally made it official. All VA health benefits were absolutely DENIED. They didn’t even do the courtesy of sending the lieutenant a letter of denial. Over the phone, “Marcie” in the eligibility center of VA’s headquarters in Atlanta, Georgia, told the lieutenant that because of his “dishonorable” discharge, he was not eligible for any VA benefits, even though they had originally approved the lieutenant for health benefits.
Attempts to obtain health benefits from the Veterans Administration was all for naught. His punishment for making love to an enlisted woman in the naval reserves and submitting a $75 travel claim, was indeed a life sentence.
A PHONE CALL FROM “ROBERT”
VA HOSPITAL, PALO ALTO, CALIFORNIA
On Friday, June 22, 2018, the lieutenant received another phone call from the Veterans Administration.
This time it was “Robert” from the Palo Alto, California VA hospital system. Robert said that the VA Program Support Assistant, Darlene, Flores at the Marina, CA outpatient clinic didn’t even need to see his DD-214, because the lieutenant was already in the computer system. Robert said, “In fact, you haven’t been denied benefits at all. You have been designated as priority level 7c.”
In 1991, the VA established eight levels of priority with the first level reserved for veterans with service-connected disabilities of more than 50%. According to Robert, the lieutenant was given priority level 7c which means veterans with income and/or net worth above the VA established threshold and income below the HUD geographic index who agree to pay co-pays. Subpriority “c” means “non-service connected veterans.”
Robert said, “we got your letter.” The lieutenant had sent a letter to the Secretary of Veterans Affairs on May 3, 2018, requesting the VA put their denial of benefits in writing and delineate the precise reason(s) for denial. At the present, Robert said he wanted to make some phone calls and would get back to the lieutenant. Robert never got back and has not returned any calls placed to him. It was just another rebuff for the lieutenant from the military establishment.
On August 19, 2018, the lieutenant received an offer from the VA to opt-in to their newly established RAMP program. RAMP (Rapid Appeals Modernization Program was signed into law by President Trump to presumably expedite the paperwork load on the VA and get caught up.
The lieutenant was skeptical about this new “fast track” appeals program feeling it may have been established to be a rubber-stamp tool for the VA in order to clear backlogged cases and mounds of paper off their desks. It appeared to the lieutenant it was just a way for the VA to get caught up by quickly denying one case after another.
Never being confronted with these issues, the lieutenant continues to summon help from veteran service organizations (VSOs) for guidance to see if opting-in for the RAMP program increases or decreases his chances of obtaining health benefits.
His “advocate” at the local VSO indicated it would be wise to request an actual hearing on the matter. The lieutenant felt it couldn’t hurt and formally requested a hearing from the VA, even though he was warned it could take literally years before a hearing would ever be convened.
THE VA DENIES HEALTHCARE BENEFITS,
THEN TELLS THE IRS THAT HEALTHCARE BENEFITS
WERE BEING PROVIDED TO THE LIEUTENANT
The lieutenant received a LETTER from the VA dated Christmas Eve 2018, but not received until 12-28-2018, which said the Affordable Care Act (ACA), (AKA: Obama Care) requires the Department of Veterans Affairs to notify enrolled veterans of their period of health care coverage during the previous calendar year.
The law also requires the VA to provide this notification to the IRS. The VA enclosed with their letter IRS Form 1095-B, which documented health care the VA provided to the lieutenant during 2018. The problem was the VA was lying.
The lieutenant was denied any healthcare from the VA, but yet the VA is reporting to the IRS and other governmental agencies they did provide the lieutenant healthcare. This false information from the VA now meant the lieutenant would be denied ACA healthcare as well.
The punishment for making love to a woman thirty-three years prior, was still dogging the lieutenant’s trail. Indeed, he had received a lifelong sentence.
WAIT, WHAT? I AM APPROVED?
The lieutenant received a letter from the VA indicating that he had been discharged two different times. When he was an aviation officer candidate, he attended boot-camp in Pensacola during the summer between his junior and senior year of college and was technically on active duty during that time.
Then, after graduating with his bachelor of science degree, he was activated again to complete boot-camp training before being commissioned as a naval officer and marched off to flight school. This portion was also considered active duty.
The VA was now saying the lieutenant could possibly be eligible for very limited benefits because he had an honorable discharge when he was discharged from boot-camp, prior to being commissioned as a naval officer.
On February 5, 2019, the lieutenant contacted the VA office in Santa Maria, California and was told, yes, we have you in the system, come on down and get your healthcare ID card.
The lieutenant went down the following day, as he said, “before they change their mind again.” He was greeted warmly and asked only for a copy of his driver’s license. For some reason the VA no longer wanted to see his DD-214 form or any other document, just his driver’s license. That was surprising, because when he went to the VA clinic in Marina, California on June 22, 2018, although he was already in the system even at that time, he was summarily turned away and denied VA healthcare.
THE FINAL OUTCOME
On Monday, February 11, 2019, 32 years, 4 months and 10 days after he was released from active duty, the lieutenant checked the mailbox and there it was. He received a letter from the VA containing his VA healthcare ID card. Even though he was still labeled by the Navy as a dishonorable SOB, he was now eligible for VA healthcare. What most other veterans take for granted, the lieutenant had now received. The long, hard slog for healthcare benefits was apparently over.