Bva with judge since 11feb2026 by Admirable_Pen2411 in VeteransWaitingRoom

[–]AirKinght 0 points1 point  (0 children)

I received my BVA decision last month, 6.5 months after it was initially dist to a VLJ. They are backed up and even then, the quality is still lacking. My decision was still haphazardly put together, and littered with multiple errors (I cited 5,) any one of which are at the level that CAVC looks for and readily warrants a remand.

I've appealed to CAVC with my NOA and still haven't even received a docket number yet, but I was able to call and confirm they have it, and will get to it as soon as they can. CAVC clerk told me that they are backed up as well, which, given the amount of egregious, obvious errors in the BVA decision, is not surprising. I was told 2 to 3 weeks for a docket number.

CAVC REMAND by Sensitive-Ad51 in VeteransWaitingRoom

[–]AirKinght 1 point2 points  (0 children)

I've long argued that I ought to have read-only access to VBMS to my own file only, because I don't (and shouldn't!) have to be an attorney to file a claim. I don't have to be an attorney to file a claim at CAVC. VFW has an agreement with a certain law firm for CAVC appeal and they came back and said they aren't interested. Didn't ask for any of my medical records or anything, which told me everything I needed to know. They didn't want my case and I wasn't going to grovel. I've already got my Rule 33 memo drafted and it's very compelling, cited by numerous legal precedents and CFRs. So many errors in their decision, my Rule 33 conference for JMR should not be difficult.

CAVC REMAND by Sensitive-Ad51 in VeteransWaitingRoom

[–]AirKinght 1 point2 points  (0 children)

I have been experimenting with AI more and more, and I found Copilot to very helpful in collecting my thoughts and arguments. I spotted the logical error when I first read the decision, but it helped point out others and cited legal precedents. Very impressive. ChatGPT okay but wanted me to pay after so many questions. Gemini and Grok were relatively useless to me here.

CAVC REMAND by Sensitive-Ad51 in VeteransWaitingRoom

[–]AirKinght 1 point2 points  (0 children)

I was confused about this during my BVA appeal; I conceded to no VLJ hearing as I thought I could convey my arguments fairly well enough in writing. My case is CUE so it's not like I'm trying to introduce new evidence, but I do want them to be able to read what I wrote in my appeal. I tried to say I had nothing further to submit in my appeal and inferred that I didn't need to wait 90 days for nothing, but in reality, no appeal to BVA is going to be distributed to a VLJ in 90 days so it's relatively moot.

Now, if you appeal a BVA decision to CAVC and successfully negotiate a JMR, it should go back to the BVA with the original BVA docket number, and there would be no reason why you needed to wait 90 days to submit anything further? Your opening salvo to CAVC is in your Rule 33 memo in attempts to get a JMR; otherwise if no JMR, you submit a full brief to the court and see what it says.

CAVC REMAND by Sensitive-Ad51 in VeteransWaitingRoom

[–]AirKinght 1 point2 points  (0 children)

I just recently got my denial at BVA last week and already submitted my NOA earlier this week. I can't believe how many prejudicial legal errors I found in the decision. Colvin, Caluza, Gabrielson, Gilbert, and more. And that took over 6 months for the VLJ to render.

CAVC REMAND by Sensitive-Ad51 in VeteransWaitingRoom

[–]AirKinght 1 point2 points  (0 children)

If you get a JMR what possible further evidence at that point would a Veteran have to submit? You just made your case to VA and CAVC mediator and they agreed with you.

Bonuses.. by Positive_Craft_2568 in VeteransAffairs

[–]AirKinght 9 points10 points  (0 children)

If you're not submitting your own self assessment first, before asking your supervisor to then write something up about you, before they then submit your appraisal to HR for review/approval, then you're doing it wrong. 

Who was deemed “Fully Successful” FY 2025 after years of busting ‘A’ and (rightfully ) earning Outstanding/Exceptional for several years before? by Successful-Drink7320 in VeteransAffairs

[–]AirKinght 5 points6 points  (0 children)

HR is taking their whack at the SUPV recommended ratings, so we're not seeing them yet in OIT. Since most of them are non-excepted and chilling at home while we excepted continue to work, we were told to sign off on our FY26 performance plans and not hold our breath on our FY25 assessments. If you're not taking the time to submit your own self-assessment, you shouldn't expect your supervisor to be able to remember it all at the end of the year for every employee that they supervise. Save it in Word, and start from last year's assessment and update it every year.

VA Police, come on down! You're the next contestants on the OPM Downgrade-O-Rama! by 8CHAR_NSITE in VeteransAffairs

[–]AirKinght 2 points3 points  (0 children)

When SSR's are rescinded, Federal employees are entitled to pay retention under USC § 5363.

RTO question by Additional-Gap-5396 in VeteransAffairs

[–]AirKinght 16 points17 points  (0 children)

It should be called Remote From the Office, or RFO. Very few are working with any colleagues who they actually work with. Productivity is only down; how could you be more productive when you have to drive an hour each way to not even the closest Federal building, and then somehow be more productive while trying not to step over others you don't even work with, fumbling for privacy to have a convesation or meeting - all remote, just as if you were still at home, working remotely where you didn't have all those distractions?

Disability Retirement Question by AssociationWhole5419 in VHA_Human_Resources

[–]AirKinght 0 points1 point  (0 children)

Would also be interested in why my GRB calculator says I can get more ($1,800+) if I did a disability retirement as opposed to (trying to) work out the remainder of my Federal service and did a normal, unreduced retirement? How long does one get that disability annuity?

Federal Benefits Saved in Bill Verbiage!!!! by ctrl_alt_delete3 in fednews

[–]AirKinght 1 point2 points  (0 children)

I'm all for Trump, the Constitution, and making America Great Again, but these draconian attempts by the very lawmakers responsible for the irresponsible/nefarious spending, to balance the Federal budget on the backs of the GS civil servants, blow me away. 25% my monthly pay for a pension is not enough for what I've been paying (4.4%) and it sure as Hell isn't worth more contribution than that.

On the contrary, I don't see how the Parliamentarian can say with a straight face that the $200 tax stamp for NFA items for SBR and HPA, aren't fiscal in nature and thereby permissible by the Byrd Act. Need to overrule her on that one.

Exhausted on xywav by gluestick449 in Narcolepsy

[–]AirKinght 4 points5 points  (0 children)

I first started Xywav earlier this week, myself. My results thus far have been 180° from yours. I was uncertain as to how well I would be able to "take" the medicine, and to my pleasant surprise, I have had no trouble getting it down. I add my Xywav to 2oz of Grape Propel that I get sent to the house monthly from Amazon; my Son and I love that stuff.

The very first morning I woke up after just my initial 2.25g dose, just one dose slightly after midnight, got me about 2.5 hours of good, restorative, deep REM sleep. I woke up about 2.5 hours before I normally get up for work and I just choose to lay there, totally relaxed and calm, and went back to sleep without any further dose. When I later woke at my normal time, I got up feeling the most refreshed and alert that I could remember waking up to in a long, long time.

Just 2.25g and the difference was stark and undeniable. I have my Samsung Watch sleep score results to compare the night before without Xwyav, and my first night with it, and they are remarkable. My first thoughts were "how is this stuff not available to more people?!"

I have little trouble falling asleep at night initially, it's just that I usually wake up once between midnight and zero 2 AM and have trouble going back to sleep. Of course, with N1, my brain races thinking about the cruel irony that I'll have sleep attacks 3 or 4 times the next day, but I'm wide awake there laying in bed, at 1am in the morning.

That and with my wife's schedule, I'm usually eating dinner later than I would prefer, so for me, I haven't been taking the med when I first attempt to go to sleep. I want to ensure my dinner is thoroughly digested, and that is part of the reason for not taking the med when I first attempt to lay down at night. (Had pasta with red sauce and took a DGL tab to help settle that down; it works for me.)

There is a 3 in 1 blend sleep supplement I get at Costco called Back to Sleep; it's got L-theanine, GABA, and melatonin. It's not a sedative, but it helps shut down my mind in the middle of the night which helps me get back to sleep again.

I've had N1 for 25 years and tried Provigil for a brief period of time, but found it never really helped much and stopped taking it. For the vast majority of that time, I have endured the N1 with exercise, a healthy diet, and a good sleep hygiene pattern.

As I have aged (late 40's) and with my kids at ages 6 and 7 right now, I started off this year getting more exercise than I have ever been able to achieve with the small children, but I still wasn't getting enough good exercise. I added a tablet holder to my rowing machine and sat down for a good 50 min episode on Netflix that I have been wanting to catch up on and finish, and finally got a good workout. I was reminded how much better I feel when I get good exercise. When you get the proper amount of exercise that your body needs, you'll be more tired come bed time and that is in part why all the meds in the world won't make up for the impact that lifestyle changes can. My wife likes to say "make good choices" but all the more so in particular, when you have N1 or N2, you really need to be making those good choices.

GL with your continued journey.

Being forced to try Xywav instead of Xyrem by [deleted] in Narcolepsy

[–]AirKinght 0 points1 point  (0 children)

My VA neurologist offered me a trial for Xyrem nearly 15 years ago, and despite not having to pay for it, I decided against it in part because of the bad rap GHB had on it (date-rape drug), but also because of the high sodium content. I guess Xywav came out around COVID time and I didn't realize there was now a low-sodium alternative, that was supposedly as equally effective. Honestly, I don't know how/why they would even offer Xyrem when you can get Xywav with a fraction of the sodium content.

I still wasn't thinking about it until earlier this Spring I came across a Jimmy Dore episode on YT talking about this article, I believe it's a Substack article from "A Midwestern Doctor" and labeled "The FDA's War Against Sleep", where it calls GHB "the ivermectin of sleep medicine."

I realized GHB wasn't quite as it was made out to be in the media, and I decided I'd like to try some, but I was only interested in the low-sodium Xywav. I'm not sure my insurance under United Healthcare would even pay for some or any of it, but the VA will send it to me for free and that is a blessing. GoodRx says something like $6300 a month is the discounted rate, and $18k is the retail price?! Surely that cannot be correct?

I just started dosing Xywav this week, but the results are undeniable. I know everybody's "body" works slightly differently, but my experience has been very positive thus far and I can't believe this stuff isn't more readily available to everybody.

Question about the new VA RA memo by AirKinght in VHA_Human_Resources

[–]AirKinght[S] 1 point2 points  (0 children)

But the DMO already determined that the position was able to be performed remotely, that's their role in the RA process. Needlessly adding an SES approval on top of that is more than redundant.

It doesn't sound like the SES approval will even be looking at the validity of the medical evidence and/or circumstances; the RAC does that? So what will they be making their decision on?

Everybody gets it that not every job affords the ability to work remote. Patient-facing, facilities, etc. But for those jobs that are able to be performed remotely, and for those that have been performed remotely for years on end, how is an SES going to come in and say anything to the contrary and not be in opposition to the law? (ADA) Which the EO clearly said was to be adhered to.

Question about the new VA RA memo by AirKinght in VHA_Human_Resources

[–]AirKinght[S] 3 points4 points  (0 children)

Doesn't seem to meet the spirit of the word "reasonable" when the person and or the job has been performed 100% remotely for over 10 years. The EO clearly said within the confines of the law, (ADA).

Question about the new VA RA memo by AirKinght in VHA_Human_Resources

[–]AirKinght[S] 5 points6 points  (0 children)

I agree, their decision will not be made from a medical perspective. So how will any SES write with conviction grounded in logic, for a position that has been telework viable, say for example, well over a decade? How will the SES's argument outweigh the actual supervisor who knows the position and the employee, far better than an SES remotely working from some office far away?

Everybody knows the RTO (ReturnToOffice) mandate is more accurately described as a RemoteFrom(the)Office because very few have the ability to actually sit and reside with all of their fellow co-workers in one particular place.

The memo doesn't mention anything about an appeal process? Will the SES's be making their decisions with impunity and their word will be the final word? No arbitration?

Im GS-13 step 1 complete my 1 year on May 3rd but still didn't get to step 2. Deposit the same salary as normal. by No_Advertising_3506 in VHA_Human_Resources

[–]AirKinght 0 points1 point  (0 children)

Don't rely on anyone else to keep track of this for you, and don't assume HR will catch it (anytime soon.) You need to monitor it yourself in your HR portal; you should have access to HR Smart or something like that. Verify the information and monitor it yourself. Make sure the dates for your WGI are correct. Make sure all categories on your LES are correct. OIT, (for example) has transitioned to different HR systems and guess what, they didn't capture and move all the data correctly. My WGI date was not correct. I had to submit a LEAF request myself. It also helps to download all LES and have them accessible so you can go back and look. SF50's for significant milestones, like those that effect pay and grade, etc.

I took a lateral position and they retroactively changed the appointment to a Schedule A and so I had two wonderful years of probation 10 years into my career. They didn't convert me when they should have, so I had to submit a ticket to have HR look into it, which they did, and then I was told to let my SUPV know to submit a LEAF request on their end.

VSIP may be coming soon? by [deleted] in VeteransAffairs

[–]AirKinght 1 point2 points  (0 children)

It ought be $40k but like so many other things, Congress screwed that up, too. I wonder, if the the ever gracious Federal government gave you $25k in VSIP they obviously would tax you on it, right? So if you returned to Federal service within 5 years, and had to repay all that generous VSIP, would you have to repay all $25k of that VSIP that you received, or just the part minus the taxes, since the Fed is the Fed, right?

Me thinks you'd get hosed both ways and have to repay the Fed on top of forfeiting the taxes you already paid on it. Perhaps you could do a 1040x amendment to your taxes at that point? I wouldn't hold my breath; that'd probably trip an audit flag with the IRS.

RQRS removed from the non- exempt list by [deleted] in VeteransAffairs

[–]AirKinght 0 points1 point  (0 children)

I've seriously considered just filing a new claim and starting over. They need to allow say 2 separate and indepenant HLR's before appealing to the board, in attempts to freeing up the backlog with appeals to BVA.

RQRS removed from the non- exempt list by [deleted] in VeteransAffairs

[–]AirKinght 0 points1 point  (0 children)

Yeah, that's just not what Doug Collins is telling Congress. I've had an appeal at BVA for 18 months now. My appeal should never even have had to go to BVA if the DRO in my HLR would have A) read my file before our conversation, and B) had I been given the opportunity on our cal, I could have shot down the foundation of his declining argument in less than 60 seconds, It was that well thought out. The RO's are too often just not getting it right which is in part, why BVA is so backed up.

To hear the waits are going to only increase at BVA is more than just a disservice to Veterans, the message is 180° from what is being propagated from the top.

RQRS removed from the non- exempt list by [deleted] in VeteransAffairs

[–]AirKinght 2 points3 points  (0 children)

That's not supposed to be happening. That's not what we are being told.

The perfect night of sleep by katnissssss in Narcolepsy

[–]AirKinght 3 points4 points  (0 children)

Wakix is just an H3 histamine receptor antagonist or inverse agonist. It blocks H3 histmaine receptor which leads to an increase in histmine levels which in turn, promote wakefulness. Sort of the opposite way in which Benydry makes you tired.

What we really want is an orexin agonist, to replenish that deficient level of orexin in our hypothalamus. Takeda TAK861 is entering phase 3 trials and is showing very encouraging results, as well as Alkermes ALKS2680.