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Veterans Affairs: Empowering Veterans to Claim the Benefits They Deserve with James Cripps & Don Smith
Veterans Affairs: Empowering Veterans to Claim What They Deserve
Description:
Navigating the labyrinth of Veterans Affairs benefits can be overwhelming, but you don’t have to face it alone. In this powerful episode of the Charge Forward Podcast, I sit down with my dad, James Cripps, and veteran advocate Don Smith to uncover the truth behind the VA’s dual-structure system, where the Veterans Health Administration and Department of Veterans Affairs operate independently, often causing frustration and inefficiencies.
Through heartfelt personal stories, we highlight the critical role of persistence in helping veterans access the benefits they’ve earned. Learn how strategic approaches, substantial evidence, and self-education can make the difference in filing and winning VA claims. Hear about veterans who turned their situations around, like one who saved his family farm after a mishandled claim and Don’s inspiring journey from a 30% to over 100% disability rating by unlocking special monthly compensation levels.
But this episode goes beyond the claims process. We tackle the broader challenges veterans face in civilian life, from balancing disabilities while running a business to addressing misconceptions about disability pay. Packed with actionable advice, uplifting stories, and practical insights, this episode is a must-listen for veterans and their families.
Join us as we shine a light on the path to securing VA benefits and building a stronger, more supportive future for our nation’s heroes.
🎧 Tune in now for inspiration and practical strategies to help veterans Charge Forward!
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Thank you,
Jim Cripps
You are the cap for whatever goes on in your store, in your company, in your district, in your household, however excited you are, what you believe is possible, whatever that threshold is. Hey, team Jim Cripps, here with the Charge Forward podcast coming to you from HitLab Studios here in Nashville, tennessee. Now here we are. We are back for segment number two on Veterans Affairs, here with my dad, james Cripps, and Mr Don Smith. Good morning guys, good morning Now. How are we doing today? Pretty good.
Speaker 1:Running a little late, but pretty good Good deal. Now, dad, you've been in a couple of times and we were shooting for having this come out at Veterans Day, but you ended up in the hospital, right, and so here we are. We're back here, but it does not make the message, nor the need to get this information out, any less important, because there are veterans all over the United States and even the world that don't know how to get their medical benefits. They don't know how to start the process Exactly, and really the process was designed for people to fail at it.
Speaker 3:Really. Yes, there's a lot of hoops. We call it the hamster wheel. You know it's never ending, but you've got to learn to navigate the system.
Speaker 1:So how does somebody get started?
Speaker 3:Well, first of all, you've got to realize that you might have something coming. Nowadays, before you even get out of the service, they send your records and have them checked to find out if you do have something coming. When you get your last check from the military, your next check is a VA disability check. It took me 40 years to decide that I might have something coming. I was under the impression that it had to be a combat-related injury, just had no idea. Like I said, it took me 40 years. I filed my first claim in 2005. Won it in 2009.
Speaker 1:Well, you come across veterans all the time that are your age or older, that still have no idea that they had benefits, or that they need to file for their benefits, or that that's even a thing.
Speaker 3:Right. We didn't even think it was a possibility. We just got out, we actually Vietnam veterans kind of snuck home, throw their uniforms away and kept quiet, went to work. We didn't seek any benefits, I didn't even know we had any coming.
Speaker 1:Yeah Well, and they really kind of discouraged you from you know, on that flight home from Germany, while everybody's there waiting to go home. They really kind of positioned it as if anybody wants to file anything. You're going to be here for a few days right, we came.
Speaker 3:We flew in from, uh, frankfurt, germany, to fort dix, new jersey. They put us in formation. This was on friday, about I don't know noon. Uh, they announced in the formation we're going to have you guys on a plane home, headed home, this evening before dark, unless anybody wants to file a service-connected disability, and then it'll be Monday morning. We wanted to go home, yeah, so nobody raised their hand. We didn't know what they were talking about anyway.
Speaker 1:Yeah Well, and your know your process because you had two heart attacks back in 97. I did, and you called the VA, because the assumption is if you call the VA you're going to get told the truth. So you call the VA and ask if there's any benefits available, those types of things, and you were told no.
Speaker 3:Uh right, when we enlisted we were told and I've got it in writing that our health care would be provided for the rest of our lives. But that was kind of ignored until President Reagan came along. President Reagan said we made these guys a promise. Now it's about time that we keep it. But let me inject right here.
Speaker 3:When you say the VA, most people don't know we're talking about two different entities here. We're talking about the VHA, the Veterans Health Administration that's the hospital and all of the clinics, and then you're talking about the DVA, Department of Veterans Affairs. Both of them are called the VA, but we're talking about two different entities. The VHA is the one that provides the health care. Then, on the other hand, the DVA is the one that provides your compensation pension. So we're talking about two different things here. I am very happy with my VHA, VA health care. They've saved my life several, several times. The DVA, no, I'm not so happy with. I think we've got a bunch of lazy people working for the DVA that just don't care. Yeah, you know, when you're 10 years behind on claims, are you inept or you just don't give a damn Well.
Speaker 1:They're also incentivized in a lot of ways. They're incentivized not to care. They're incentivized to not adjudicate or to do the right things. Yeah, you're going to get your bonus either way, yeah, and there's no penalty for them acting inappropriately.
Speaker 3:And when we say them, there are good people that work for the VA, and I know some of them, but how does an entity get that far behind? You know, how do they get that? It's got to be incompetence or ineptness, one of the two.
Speaker 1:Right and zero accountability.
Speaker 3:Zero accountability Can't be fired. You know I can't say enough bad about that. They need to pick up, catch up, stay on top of things. You know, when they wanted us, we were right there right now and they're working. You know, if you file a claim right now, even a simple claim, a higher-level review, you're talking about a year and a half maybe to get it done. They say 125 days. No way, that never happened. If you've got to go for an appeal, you're talking about four or five years down the road. If you're in the legacy system, some of them 10 years. I can remember when I was 650,000 behind on the list.
Speaker 1:Yeah, well, you know, and as we talk about this, somebody out there listening right now may think well, you know, it's not even worth me doing. But that's not the case. There are plenty of things in the system that are broken, but you have to understand how it works and how to navigate it, and I think you're probably the best in the world at it. And so what advice do you give to somebody that realizes there's an alarm bell that just went off and they need to file a claim?
Speaker 3:Well, the very first thing you do is file an intent to claim. Okay, that starts your clock. If you happen to win that case, your pay date starts on the date that you file that claim. And it's as simple as dialing 1-800-827-1000 and just tell them I want to file an intent to claim. You don't even have to tell them what you're going to claim.
Speaker 1:Okay, if you will give us that number one more time 1-800-827-1000.
Speaker 1:Okay, so I've got. I've got a friend of mine and her dad is Vietnam era. I asked what his disability rating was. He said he couldn't remember. So I said well, what, how much do they pay you per month? And he said they don't. I said so that means you're at zero and he hadn't filed anything. So the very first thing he needs to do is pick up the phone and call that number and give them his name, his social security number and that he wants to have an intent to claim, intent to file.
Speaker 3:Intent to file. Intent to file.
Speaker 1:Okay.
Speaker 3:That gives you one year to prosecute that claim, or it just goes away.
Speaker 1:And what information is required in order to start that process, in order to make that phone call?
Speaker 3:Your name, your service number, which is your social security number now, and that's about it.
Speaker 1:They don't need their DD-214 in order to do that call. No, okay, all right, so let's just say, hypothetically, we'll give it George. George has made that call. He made that call last week. How does he start the claim process?
Speaker 3:First of all, you've got to have an event in service. Something happened to you in service and that can be an injury or a disease that occurred while you were in the military. And in the military you can kind of consider something like workman's comp. You're covered 24-7, 365, even on leave, even on weekends. If you're out playing football on Saturday and you run into the bleacher and get hurt, you're covered. Say, you busted a knee, you hit a bleacher and you busted your knee Playing football on Saturday. You were in the military. Yes, that's covered.
Speaker 1:Well, when you're in the military, as far as I understand it, you're military property.
Speaker 3:You belong to the government.
Speaker 1:yes, so that's one reason why it's 24-7, the entire time you're in.
Speaker 3:Well, you're covered 24-7. The point I'm trying to get across if you're home on leave and you have an auto accident and you're injured, it's covered. Yeah, no different than if you were in combat and your knee got hurt, so you got shot and it took your kneecap off. No difference in playing football on the weekend and losing that kneecap hitting a bleacher playing football. They're both covered.
Speaker 1:Well, and I think it's important that people understand this is not a prideful thing and in that you know, because I think some people are like, oh, I'm fine, Well, that's well and good, you may have been, but you know, it could be that you were exposed to a chemical agent. Sure.
Speaker 3:I would say most claims are toxic exposure, chemicals. Here we're talking about burn pits, we're talking about Agent Orange, jet fuel. Any kind of toxic exposure can cause disease or in some way injury and there can be a lot of secondary claims to that.
Speaker 1:Yeah, and so speaking specifically for Vietnam era is if you stepped foot in Vietnam, then you have a presumption for Agent Orange.
Speaker 3:Yeah, that covers your event and service, any claim for service connection. You need three things. You need an event in service that could be an exposure, a disease or an injury while you were in the military. Second, you need a present-day diagnosis. Third, you need a nexus letter and a nexus letter is a doctor's letter saying that your present-day diagnosis could have been caused by your event when you were in the military service and that again could be an exposure and that phrase that is required is at least as likely as not.
Speaker 1:Am I correct on that Exactly?
Speaker 3:The VA needs it expressed in the degrees of likelihood. And that could be not likely. It could be at least as likely as not. That always goes in the veteran's favor. The veteran gets the benefit of the doubt. Or it could be highly likely, more likely, or was caused by, but it needs. If your doctor says, probably that's no good, that has no probative value whatsoever, right, so it needs to be expressed by your doctor in the degrees of a likelihood. I have on my website an example of a nexus letter.
Speaker 1:And what's that website?
Speaker 3:And that would be VA the redneckwaycom. Just like it's sound, all small letters. Va the redneckwaycom. Just like it's sound, all small letters. Va the redneckwaycom. One word, and look it up, it's the Nexus letter. You can copy it off. It's two pages. Take it to your doctor.
Speaker 1:Yeah.
Speaker 3:Needs no further explanation Got it.
Speaker 1:And so let's just say there is a service connection or a service event, an event that happened, and they've got a present diagnosis, they've got their nexus letter. What's their next step in filing that claim?
Speaker 3:I'm going to say the best thing to do. If you can find a service officer, I would talk to that service officer and see if he believes in your claim. If he does and you think he'll work for you, then sign your power of attorney with that service officer. Now they work for the American Legion. They work for the Disabled American Veterans. They work for the VFW. They work for Vietnam Veterans of America, military Order of the Purple Heart. There are county service officers. I would be very careful in picking a service officer.
Speaker 1:I would be very careful in picking a service officer. Some of them can do you more harm than good. Yeah, they are not all created equal.
Speaker 3:They are not. It's subject to their training, it's subject to their attitude. Actually, I would question them, try to find somebody that's used them and see what their experience was.
Speaker 1:Sure.
Speaker 3:If nothing else, then you can file it yourself online. You know, just talk to other people, get on some of the forums haditcom or somebody like that, read my website vatheredneckwaycom and kind of get a feel for what you're doing.
Speaker 1:File it yourself. And so let's just say, somebody's got those things going on and they're trying to decide right now is it worth me doing this? Um, what is it?
Speaker 3:What is it? What would you tell them? I would tell them you've got to be tenacious. You're probably going to be in for a fight. Uh, if you're not planning on seeing it through, don't ever start it. And the kind of fight that I'm talking about is the kind of fight if you happen to be the third monkey that showed up at Noah's Ark and all of your generations and future monkey generations are depending on you. Yeah, that kind of fight. You know it took me 20 years. I've been fighting the VA 20 years.
Speaker 3:Some cases slide through pretty good, Some of them you just really got to fight for, but very few of them. You know you can expect to get turned down the first time no different than filing social security claims. But don't get discouraged. Get yourself together and go back again. If you get turned down a second time, you know you can file an original claim, then you can go for a higher level review. If you're turned down, Then you can file a supplemental claim and then you can go to the Board of Veterans Appeals, Then you can go to the Court of Veterans Appeals. If you get turned down there you can start all over, or you can even go to the Supreme Court if they'll hear your case.
Speaker 1:Yeah Well, and you know, one of the things that I think a lot of people don't understand is they don't understand what's at stake, and you know, I've seen you get involved with some cases that you know. I think of one in particular. I won't name names, but this claim was eight, ten years old and they were about to lose their family farm.
Speaker 3:Yes.
Speaker 1:I mean, it came down to days, Days, and somebody had told them to stick with who they filed with, et cetera, and they were desperate enough. They reached out to you and, just with days left to go, you got it resubmitted or filed it the way that it was supposed to in order to be won, and they were able to save their family farm. He has since passed, but just for generations that family has been changed because that claim was won.
Speaker 2:Right.
Speaker 3:I think he got his decision three days before they foreclosed on his farm. He was able to pay that farm off. The reason he had such a battle was the fault of his service officer. His service officer was trying to win that claim with a presumptive of Agent Orange exposure and the guy had no presumption. So we had to refile on a direct exposure, prove his exposure, and then it wasn't any problem. Yeah, I had tried to help him a year or so before and his answer was I'll stick with what I got, I don't want too many pokers in the fire. But then his service officer came up missing and he came to me and in 10 minutes I saw why they were denying him. But now the VA won't tell you why they're denying you. They're getting better about it.
Speaker 3:Yeah, and in that one in particular, it was unwinnable in the way that it was filed it was, it would have been illegal to have granted that claim the way it was filed, under a presumption, because there was no presumption where this guy happened to be stationed in korea yeah, and I think it goes back to that whole thing about um, all service officers are not created equal.
Speaker 1:In fact, you've had some experiences with some really bad ones. In fact, our county, cheatham county, right, we've advised them to terminate the employment of the current uh service officer because she's not helping veterans, she's turning veterans away.
Speaker 3:Well, let's, let's straighten that up a little bit. She probably is helping some veterans if they've got lower level claims and lower level claims, I'm talking about 20% 30% 20%, 30% claims, stuff like that, anything below 100. I wouldn't think that she has put forth many 100% winners, if any at all, and she has told me straight up that she has been instructed not to file a claim for a 100% service-connected veteran. But now my problem with that is there's 12 more levels of special monthly compensation above 100%.
Speaker 1:And that's a misconception. I think a lot of people she knows better. No, I don't think she does. You don't think so.
Speaker 3:I don't think so.
Speaker 1:Well, you've informed her.
Speaker 3:I have informed her. The problem is training doesn't go that high. There is no training for service officers that teaches special monthly compensation above an S award.
Speaker 1:And so there's 12 levels above 100%, right, and so what does that look like? What are the special monthly compensations that are?
Speaker 3:out there. Well, until you hit 100%, they're paying you compensation for your unemployability. How employable are you after your disabilities? In other words, if you're 80%, then you're 80% disabled, but still 20% abled, but still 20% abled. So when you hit 100%, then they start paying you for your inconvenience. That's special monthly compensation and those are no longer number awards in a percentage, but they're letter awards, such as a K award, a S award, an L award, an M, an O, plumb on up through the R1 and R2. But that's where the money lies, that's where the big money is.
Speaker 1:Well, and I want everybody to understand 100% is your first big boy goal, because that's what triggers your spouse and your children's benefits, that type of thing, right, it's not a goal.
Speaker 3:Okay, and that's where a lot of the mistake is. Everybody is seeking that 100% like it is a goal. Okay, it's not a goal, it's just another step. You're at 80%. You take one more step. You're at 90%. You take one more step, step. You're at 80. You take one more step. You're at 90. You take one more step. You're at 100. Take another step. You're in an s. Take another step. You're in a nail. So it's just a step along the way.
Speaker 1:Uh and what. What do those mean? So you're talking about a step, so let's just call 100% a step. So what is the difference in benefits from 90 to 100? Because I know somebody right now that is at 90%. Yeah, double, and so the monthly compensation doubles Monthly compensation doubles the benefits double the spouse gets their care.
Speaker 3:Spouse gets CHAMP VA insurance. You get dental care, Children if they're still in the home. It's a different world between 90 and 100. But again, 100 is a step. It's not the end.
Speaker 1:Okay, and so how would somebody know that? Let's just say somebody. Right now, this listing is at a hundred. How do they know if they should file for a letter of word, or how do they go about doing that?
Speaker 3:Well, I there. You have to do a little studying and you're probably going to have to do the studying on your own because, like I say, service officers are not taught anything that high. But if you're already at 100%, your next goal, if you want to call it a goal, is to get another 60. 100 plus another 60% is housebound, statutory housebound, which pick you up about $500 more a month. A K award loss of use of anything, loss of use of a creative organ, ed, that's a K award. Another $135 a month for a K.
Speaker 1:That could also be an arm or a leg.
Speaker 3:It could be an arm or a leg. Loss of use of one foot would give you a K award, and then, on top of that, it would give you another 40% for loss of use of one foot. Sure, loss of use of two feet would give you an L award, and that's the same thing as getting the $1 on the project's right wheel. Everything falls out A huge increase. Three grand a month increase on your compensation disability and automobile grant. $118,000 special adaptive housing grant.
Speaker 1:And so those grants. So how does the vehicle grant work? Let's just say we've got loss of use of two limbs.
Speaker 3:Okay, but Don here just happens to have the vehicle grant that he is exercising at this time.
Speaker 1:Congratulations, Don. Thank you.
Speaker 2:Go ahead.
Speaker 1:Don, if you will, let's back up a little bit and talk about your case, if you don't mind. So you were kind of stuck in the hamster wheel.
Speaker 2:I filed first in 99.
Speaker 1:So we're talking about 25 years ago.
Speaker 2:And they said they didn't get nothing. So really I just said to hell with it. I ain't begging them for it. That's the way I felt, yeah.
Speaker 1:So really.
Speaker 2:I just said to hell with it. I ain't begging them for it. That's the way I felt, yeah, and I had other people come in the shop and tell me you know did this. Finally, I filed again and I got, I think, 30%, and when was that? Probably 13 or 14. Okay, and so you're Maybe 12, somewhere in that neighborhood.
Speaker 1:Okay, so roughly 10, 12 years ago. You get approved at 20, 30%.
Speaker 2:And then I did work my way up to 100%. That was in 14 or 15, somewhere like that, okay.
Speaker 1:So it took a couple years.
Speaker 2:And then you know they tell you why are you not filing something? I said why are you filing this? So you're already at 100% and I've had PAs that you know see me and say, why are you doing this? And I said because you can get more. He said, well, I don't know nothing about it. I mean, that's hard to believe that a doctor in there don't know nothing about it.
Speaker 2:That's right, and we had a meeting in a day or two with James, you know, with the group, and I told him, I said you come on, go with me, I'll show you. But he didn't go. But anyway, that's why most people, if they think they got 100%, that they think, well, I'm done, yep, and they stop Because they're telling them why are you doing it? You had 100, you know.
Speaker 1:Well, and I also find too that sometimes your veteran service officer or people will kind of lay out threats Like well, if you file something else, they may take what you've got currently away.
Speaker 2:I've had one I tried to file. She says well, you know, if you file, they're liable to take what you've got away A part of it. And that's ugly.
Speaker 1:That's ugly. And then, so recently, you just got approved. Was it R1? Yes, and so how long did that take?
Speaker 2:I don't know. We've been working on it, james, five, six years. What if you got?
Speaker 3:your 100% in 15 or 16?.
Speaker 2:This is 2024, you know I met James at a car show, that's right.
Speaker 1:Well, I actually met your wife, right, because I was standing beside dad's car and I think you had the black 57 truck there at the time, and so she took me over and showed me your truck and I forget how it came up. We were talking about military service, and so then we introduced y'all and you know, fast forward, five or six years later, you know, here we are.
Speaker 2:That's the reason I've got it because of James yeah, he's the one that had me through it. I wouldn't have knew nothing. You know to do. Yeah, like you know, most of them we're talking to now.
Speaker 1:And you know you weren't familiar with the USVA, the group that Dad and a couple other veterans started. No, and now I think you're pretty regular at the meetings. I'm a member. Yes, and how does that go? That's an organization where it feels like everybody helps each other.
Speaker 2:Yes, and you get a lot of information.
Speaker 1:Yeah, I mean at each meeting and it's really kind of one of those deals where everybody there is there to try to help share best practices and help share with with people so that they can get their files, or we can get their claims, uh, filed and approved. That's correct, yeah, and so, dad, what you know, uh, after you and Don kind of got introduced, what was the, what was the status on that claim? I know there's some hoops to jump through on that one.
Speaker 3:Well, he was sort of stuck at 100%, couldn't go anywhere. There's a lady that works for a congressman and I recommended that he go talk to her and file for his loss of use of two feet. And he did, and the first thing that she came up with was if you open this claim and file something else, they may take away some of what you already have. We hear that all the time. Most veterans would just walk away and decide not to poke the bear. That's the message that's being sent out. But Don knew otherwise, he knew better. So you just work around those kind of people. But I don't know whether it's because the service officers haven't had the training and they don't have the knowledge, or they want to reduce their workload, or just why they weaponize that phrase. If you take, if you file another claim, they're going to take something away from you.
Speaker 1:Now to kind of clarify a little bit. I mean, right now the VA is sending out a lot of letters re-evaluating people who were recently at 100% or that have certain disability ratings. So I think that may scare some veterans, it may put people in panic mode, but I think it's important that they have to take action with that.
Speaker 3:They send you a letter, a proposal to reduce, and it's got two places to make a check mark. You want to check the one that says I want a hearing. Check the other one that says I don't want you to take my percentage until after the hearing. In other words, don't reduce me until after the hearing. You want to check that box Because once you lose it, it's awful hard to get back. But what you're doing here is you're asking them to hold off on reducing your pay or your percentage until after the hearing. Now, should you lose at the hearing, then you're going to owe them some money. So what I would advise every month just put that extra money in the bank and keep it for that rainy day when you do actually lose. If you actually lose, it's easy for them to reduce, or easier for them to reduce if you've had a percentage for less than five years.
Speaker 3:After five years, it's locked in right the burden of proof is on you before you've had it for five years. Once you've had it for five years, the burden of proof is on the VA. Before they can reduce, they have to do at least as many exams to reduce you as they did to give it to you to start with.
Speaker 1:If the burden is on them.
Speaker 3:The burden is on them if you've had that rating for five years.
Speaker 1:Now what if it's somebody? So I've got a good friend that was rewarded 100% just over the summer, then called in panic mode the other day, had gotten a letter their intent to reduce, and he called you. And how did that conversation go?
Speaker 3:First of all, the guy's terminal. They can't reduce him if he's terminal, but that's the point that we need to get across. So I suggested that he ask for a hearing Now. Va being the conglomerate that they are, they work against themselves sometimes. So I know, when we ask for a hearing, sometimes they're more than five years behind on the hearings May never even come up. So if he is, I'm thinking right now he's at least a year out. I don't know whether they can get to a hearing in four years or not. Yeah, but by the time they finally do get to his hearing he's going to be five. Yeah, so that's the route I would take and that's the route I advised, and we'll talk more and we'll see if we can't get the point across that the man is terminal.
Speaker 1:Well, realistically, I think he's above 100% if we take a look at everything, but in any shape, form or fashion, he needs to protect that 100% by checking the right boxes and submitting the paperwork Exactly.
Speaker 3:A lot of veterans. It scares them. They water it up and throw it in a trash can, hoping it'll pass. If you do nothing, they win, they're going to win. They're good, they're going to reduce you. So you got to take action. You've got to check and send the paper back in.
Speaker 1:Ask for the hearing now does that need to be? How do? How do we? How do we make sure that it got in so it didn't get lost in the mail, or something of that nature? Does it need to be taken to? How do we? How do we make sure that it got in so it didn't get lost in the mail, or something of that nature?
Speaker 3:does it need to be taken to a regional office or you can take it to a regional office and have it date stamp, get a copy. Next best, you can send a certified mail. But I've heard the va I've dealt with the VA before on this. They say, well, yeah, we got an envelope that says certified mail, but we don't know what it said. We don't know what was in that envelope. Right, you know just. All you can do in that case is hope they'll do the right thing. You know you could pretty well depend on mail. So you know, write it back. You've done all you can do there. But if you wind it up throwing a trash can your next letter is going to be your reduction.
Speaker 1:Yeah, and it's going to be effective immediately.
Speaker 3:Effective immediately, if not retroactive, and then you owe them money.
Speaker 1:Yeah, yeah, okay. So somebody's in there, somebody's in the system. They've done their intent to file, they've found a decent service officer. They've, you know, maybe they've gone to the VFW, maybe they've gone to a meeting, you know at the Foreign Legion or American Legion, and you know, talked to some other veterans about who to talk to, and they get queued up with somebody. So let's just say we file that claim. What do you see as an average wait time or what does that process look like? Do they need to go for some doctor's appointments in between After they've got their original nexus letter? Do you recommend two nexus letters, or what does that look like?
Speaker 3:Well, to start with, you need to think back. Were you ever hurt in service? Did you ever go to sick call? If you did, what? For? If you did go to sick call, do you still have residuals of whatever happened that day? If you do file a claim on it that day? If you do file a claim on it, you might want to file out a SF-180. Sf-180. Send it to St Louis. Get a copy of your records. Okay, go through your medical records when you were in service and that will kind of jog your memory. There may be records in there where you hurt your back or you went to sick call with bronchitis and that's something that's continued all of these years. You can show continuity of bronchitis every year since you were in service. You can file on that. But by all means file a claim. Find a good service officer. If you can find a good service officer, like I say, if you can't, you can go to vagov, create an account and you can file it on your own.
Speaker 1:Okay.
Speaker 3:And your other question was what?
Speaker 1:Nexus letters. Do they need more than one?
Speaker 3:A Nexus letter almost has to be provided from an outside provider.
Speaker 1:Outside of the VA system.
Speaker 3:A VA provider can write them, but providers that are willing to are far and few between. So you can actually use your Medicare to go outside and get a Nexus letter from an outside doctor. That may take some doctor shopping, because all doctors don't write letters.
Speaker 1:Yeah, some of them just refuse to write letters period, no matter how bad off you are.
Speaker 3:I would suggest get a Nexus letter from a doctor. The first one is the hardest one to get. You've got to convince a doctor, and if you can get at least as likely as not, that's good enough. Once you get that first one, you can go to another doctor and show him your first letter and say Doc, can you concur with this letter? If so, can you write me another one backing this one up? I like the magic number of three.
Speaker 1:Well, correct me if I'm wrong here, but for every one you have, VA has to have two in order to overturn it.
Speaker 3:Yeah, it comes down to benefit of doubt.
Speaker 1:So if I've got three, then they've got to have six doctors that say otherwise.
Speaker 3:Well, if you've got three, they would have to have at least four, saying that it was wrong.
Speaker 2:Okay.
Speaker 3:And then an all-important thing when a doctor writes a nexus letter, he's got to back it up. He's got to tell why he believes what he believes in, and doctors know how to do that. They can refer it to clinical studies and they know how to back that up. Yeah.
Speaker 1:You know, and I think it's important that people understand and I know you said this right out of the gate you're going to have to fight for this and a lot of cases. That's the truth, um, and in some of them some of them more so than others, because in your particular case, the information was classified- until 2003.
Speaker 3:I was exposed to agent orange at fort gordon, georgia, stateside 2003. I was exposed to Agent Orange at Fort Gordon, georgia stateside, and that was classified information. In 2003, congressman Lane Evans wrote to Secretary Donald Rumsfeld and demanded a list of where Agent Orange was used outside of Vietnam and Korea. Fort Gordon, georgia, was second on the list. So had I known, I could file a claim prior to that. There's no way that I could have substantiated that claim because the information was classified.
Speaker 1:Yeah. Well and since that's been declassified and since you won yours now, your case is evidence for others that serve there at Fort Gordon.
Speaker 3:Yeah, now they're sort of conceding that for sure, they used it at Fort Gordon, fort Chaffee, 53 other posting bases in the continental United States, guam Well, not Guam Laos, laos, cambodia, thailand, johnson's Atoll, some of those other places, places it's always been questionable.
Speaker 1:Now they're finally coming around saying, well, yeah, maybe we did use it there yeah, yeah, um, so somebody, somebody out there right now is thinking, well, I don't have anything coming, or they're having trouble jogging their memory as to what happened, because it was 40 years ago in some instances. In that case, probably one making the call for an intent to file, because you don't have to say what it's for yet, right. And then two requesting your medical records from the military. And how do they go about doing that, st Louis?
Speaker 3:Yeah, you get a VA form SF-180. Okay, and the address to mail it in to is on the back of that SF-180. Fill it out. It'll take you six months or so to get a copy of your records. Thumb through those records and look.
Speaker 1:See what happened to you when you were in the military and so that's probably the very next thing you would want to do is to get that going, because it's you got a six month clock, roughly, and you've got a year to file exactly. So, um. So let's just say somebody files what I mean, you know. Let's just say we're going to get turned down the first time. How long before you get get turned down?
Speaker 3:I would expect an initial claim and you fill out a form 526EZ. No problem, fill it out. Simple questions. I would say your first wait is going to be six to nine months. So let's say they turn you down, then you file. You can file a higher level review, which would be your next step. You're asking somebody with a little more knowledge to take a look at it. Higher level review they say 125 days. Higher level review they say 125 days. I'm saying six months, seven, somewhere along in there. You can file a supplemental claim. Supplemental claim you got to have one more piece of evidence. In other words, if you had a doctor's letter, you got to go out and get one more, put it on the pile, file a supplemental claim if they turn that's while you claim that's while you're waiting, that's while you're waiting for it to come up again.
Speaker 3:After they turn down your higher level review, that's your next step. Okay, if they turn your supplemental claim down which that's going to take six months to a year to get that supplemental claim adjudicated Then you can go to the board. We're talking about Could be four years. If you turn down there, you can go to the court there. You've got to have a lawyer. It's going to cost you 20% to 30% of your back pay, but you just don't quit, yeah no matter what.
Speaker 3:The only way you lose in this game is you quit Until then. You never lose, you just keep going. You know I met Don at a car show. Don was 100% veteran. He was struggling, trying to get across that he had more coming, which he did. I had a lot more coming by Don meeting me at that car show that day, which was by chance. Going to that car show, don decided to go to that car show that day when he met me. It made it worth enough to him to pay for all of his antique cars. That's right. What do you think about that, don? Pretty close.
Speaker 1:Well and I mean realistically what it does for your family long term. You know, if we look at the monthly compensation added into your family's net worth over the course of the rest of your life, what that does for the generations to come, it's worth fighting for. Yes, sir, it is, because I think one of the things that people are probably thinking right now is this sounds like a lot of trouble, but I mean I can't express it to them that there may not be anything more important than continuing to live, than getting this process started. Yes, sir.
Speaker 3:It's public information. You can look it up on the Internet under veterans disability pay charts, under veterans' disability pay charts. It's no secret that a 100% veteran nowadays with a wife is making $4,000 a month via disability pay. When you hit that R1, then you're on up $9,500 a month. An R2, better than $9,500 a month. An R2, better than $11,000 a month, so is it worth doing. Why would you quit fighting?
Speaker 3:You know just last month I had a veteran came to our meeting and he told me he was an R1 veteran. Well, I know all of the R1 veterans in the state of Tennessee and I didn't know him. All of the R1 veterans in the state of Tennessee are in the United States Veterans Alliance, in our chapter. All the R2s are in our chapter and the R2s are in our chapter and I didn't know this guy. So a little later in the conversation he pulls his phone out and he's showing me that he's making almost $5,000 a month.
Speaker 1:That's more like an L and he's proud of that.
Speaker 3:And I said you're coming up about five grand short. He's not.
Speaker 1:He didn't know what his rating really was.
Speaker 3:He didn't know what his wife. He's bringing his wife to the next meeting. I would say he's probably an L and the old boy's had a hard time. He stepped on a tow popper in Vietnam.
Speaker 1:We're talking about a landmine.
Speaker 3:A landmine. We called them tow poppers. They actually jump and blow off your leg and blow off your leg and that's what happened to him. It messed his kidneys up the blast. The man should be an R1 or better or even a T. The T award is it covers bomb blasts and things like that, but yeah he's got a lot more coming and actually I went to school with this guy. I went to high school with him. I didn't recognize him that night, but I know who he is now.
Speaker 1:Well, I think one of the things that people have to understand is you have to take control of this, in that it's up to you to look after you, and so you're going to have to do some work, you're going to have to fight for it, you're going to have to do some paperwork, going to have to learn, and you know, even this guy he's, he's, he's above a hundred percent, but he didn't really know what his rating was. So he's probably qualified to get well more than where he's at right now, but he just didn't know better. He don't know better.
Speaker 3:Yeah, if he comes back he'll find out better. Yeah, I think when he saw what I paid, it'll kind of entice him to come back, sure.
Speaker 1:Well, I think one of the things that is kind of ugly out there is there is this idea that when a veteran is getting compensated for their disabilities, there's some jealousy or there's some envy or there's some anger, like, oh it's taken out of my pocket. But the reality is, you guys showed up and you did what you were required to do. You fought for this country. Some lost body parts and abilities and those types of things. Some lost their lives and no matter how much money you're paid every month, you don't get those abilities back, you don't get the time back, you don't get the life back that others enjoyed and I think everybody should just wipe that away. Like, if a veteran qualifies for it, well by gosh, they should get it.
Speaker 3:Let's kind of analyze this when I was 18 years old probably when you was 18 years old, Don. We joined the military. I think Don was drafted, but it didn't make any difference, we both went.
Speaker 1:Right, you were going one way or the other.
Speaker 3:Yeah, I made $87 a month. Don probably made a little less because he was a year or two ahead of me.
Speaker 1:Yeah, I made $78.
Speaker 2:$78 a year or two ahead of me, yeah.
Speaker 1:So $78 a month $78 a month. Yeah.
Speaker 3:You think about that. You know what can you buy with that? My wife had to move back in with her parents when I was deployed overseas. No way, with that kind of pay could we afford for her to. So then I get out of the military and I've got these disabilities and I don't know where they came from. And I've got to make a living and I've got to raise my kids and I've got to support my family all these years trying to make a living with these disabilities. So it's a lot harder for me to make my living than it is the average Joe walking down the street and I go like that for more than 40 years. They can't pay me enough money to make up for all of that. I did raise my family, I own my own business, but I had to work a lot harder on account of my disabilities. Yeah, you feel that way, don Sure.
Speaker 1:Yeah, well, I mean, both of you own your own companies and probably in a lot of ways, because you had to, you know, in order, in order to be able to provide for your families.
Speaker 3:Oh, you know, Don was in the upholster business, Don how long have you been in business?
Speaker 2:I started my business in 78. So my son's running it now.
Speaker 1:Okay, and when did you get out of the service 68. Okay, so about 10 years after you got out of the service 68. Okay, so about 10 years after you got out of the service. Right, okay, and Shea runs it now.
Speaker 2:Shea runs it now Okay.
Speaker 3:So you take somebody that does upholstery work for a living and that's all he knows and he's good at it. But then because of his age and arm exposure he gets where he can't pick up a tack, right Can. His age and arm exposure. He gets where he can't pick up a tack, can't hold a tack hammer, can't turn a screwdriver, can't stretch material, and somebody is begrudging him drawing a disability check.
Speaker 1:Well, I think it's even uglier than that, because it's not just the work you can and can't do, it's the other things in life that you can and can't yeah, it's your whole life experience you know um, if you can't hold a tack hammer, I mean, there's plenty other things in life you can't do right yeah, but we're just, we're just relating this to work, yeah yeah, um, or that you, um, you couldn't enjoy, right, you know so.
Speaker 3:We're talking about an earned benefit, that's right. It's not welfare.
Speaker 2:It's an earned benefit.
Speaker 3:Now think about this what if people went down to get their food stamps and get on the poverty program and they said, okay, sign up, we'll let you know in four years? Right, that's what's happened in the veterans.
Speaker 1:Well, you know, I remember specifically when, after you had had your heart attack and and and all those things started culminating in not being able to do and you know, before you got your VA benefits, I mean, there was a time there was better than a year where y'all didn't even have homeowner's insurance or car insurance, because you couldn't afford it.
Speaker 3:Exactly.
Speaker 1:Had you not already owned your own home? Had you had the home not been paid for before then?
Speaker 3:Would have lost it.
Speaker 1:You'd have lost everything.
Speaker 3:Yeah, After I got out of the hospital from having heart attacks I went home and they delivered all of my materials to the house. There was a roll of Fumica in the back of my van that was delivered and it took me nine months to ever be able to get that piece of Fumica out of the back of my truck.
Speaker 1:Yeah.
Speaker 3:Once a week I'd go down there and try, Couldn't get it. Oh, so where they cut my chest open, I couldn't lift it.
Speaker 1:Couldn't get it out of there.
Speaker 3:Well, you couldn't get leverage, Couldn't get it out of there. Yeah, nine months, yeah. So yeah, I don't feel good. How much could I have made in that nine months, you know.
Speaker 1:Right, well, I mean that was really kind of the peak of your business back then.
Speaker 3:I mean that was when things were going well. And then, just you know, and all of my disabilities were caused by Agent Orange. You know it's the most toxic substance known to man. Yeah, doesn't occur in nature, it's all man-made, and I think Don's is too. Everything attributed to Agent Orange.
Speaker 1:Well, the other thing that I want to dispel too is a lot of veterans. I think it's from a prideful standpoint, which I commend. But you know, one of the guys that I want to dispel too is a lot of veterans. I think it's from a prideful standpoint, which I commend. But you know one of the guys that I bowl with. I've had the conversation with him multiple times. He's at 90% and he's got enough ailments that he would more than qualify for a hundred, but he doesn't feel like he deserves the 90 because he can still get up and and muscle up the energy to go to work.
Speaker 2:It's. A lot of them feel that way. Yeah, a lot of them feel like they don't deserve it.
Speaker 3:He don't. He don't have the right and he don't have the knowledge to diagnose himself. That's all I got to say about that and Don's right. A lot of them don't think they deserve it, um, and they feel kind of belittled, even accepting it, right?
Speaker 1:Well, you know, I can tell you, you know, um, I had a team member at work, my right hand guy, and he was poisoned in Iraq and they actually flew his wife out to Germany where he was in a coma for two weeks for her to say goodbye and he still has a lot of significant amount of medical problems that will never go away because of that. Now, luckily he survived, but he kind of feels the same way, even though he knows all these things, that that will follow him the rest of his life. That will never go away. He still I think he still feels bad about that check coming in and I just don't understand. I wish he didn't. I wish he didn't feel that way.
Speaker 3:I've also known guys that they won't file a claim and they won't seek their medical coverage. They're mad at the US government and they're not going to accept anything from the government. So it's not the same. It's not the same thing. It's not that some guys feel guilty for taking it. They say, well, so-and-so deserves it more than I do. But these guys are actually so mad at the US government they say I haven't taken anything from them and they don't. I know some. Mr Paul Story you know him had a Purple Heart overseas duty Second World War. He wouldn't take anything. Not even he paid for his medications, his doctor bills. It was just the problem he had. They can't overcome it.
Speaker 1:Yeah Well, and my best advice to anybody in that and I'm not going to convince them, but I would say, look at what that would do for the generations to come, as if, instead of spending that money, you had that money coming in or you had those medical benefits taken care of.
Speaker 3:You had that money coming in or you had those medical benefits taken care of. Well, you know I can't give back what I couldn't provide when you were growing up. However, I can provide what I'm gone now because of those benefits.
Speaker 2:Yeah.
Speaker 1:Well, you know, one of the things that and we talked about this on the last episode is really through this process of not only winning your claim but helping other veterans win their claims, you've become a different person. You've become far more tenacious. And, you know, I don't want to say early in life, but you know, while I was growing up you were kind of a no fuss, no muss guy. Like you, had a core foundation that still hasn't changed to this day. You're honest, you tell the truth those things, but you also didn't get involved unless it affected you directly. And these days it's just. I think it's amazing to see how involved you get with other people to help them improve their lives.
Speaker 3:Well, the VA called me a liar. That makes a difference.
Speaker 1:It does make a difference.
Speaker 3:And where the payoff comes in is. I helped Don and now Don's helping other veterans.
Speaker 1:That's right, and I've heard that because you've brought several people and now Don's helping other veterans. That's right. And I've heard that because you've brought several people and taken them up to the regional office help them file their paperwork, things that were foreign to you just a few years ago. That's correct, yeah.
Speaker 2:Veterans. I know I'm trying to tell them, like you know I had some tell me. You know you're going back.
Speaker 1:Well, I think it goes back to that brothers in arms. You know I had some tell me, you know you're going back. Well, I think it goes back to that brothers in arms. You know, kind of to Dad's point from last episode is you know, for instance, in the Vietnam War it's not like you guys were there because you wanted to be or to, you know, wage war on Vietnam. You were there to look after each other. You know, like it was more about protecting the guy beside you than anything else, and I think that carries through why you're helping other other veterans with their benefits.
Speaker 3:Yes, sir, and that extends to today. You know, don and I have a special bond because we we served, uh, and you would have to have served to even understand that. Yeah.
Speaker 1:We understand each other. So what advice do you give to somebody out there that's listening to this right now, that does not have a current rating but maybe has ailments that are affecting their lives? What's your number one advice to them?
Speaker 3:The first thing I would do well, everybody listening to this program that served in the military today or tomorrow, go file an intent to file. Today or tomorrow, go file an intent to file First off, if you don't even think you've got anything coming file that intent today.
Speaker 3:Then you've got a year to support it. You can fill out the SF-180, send to St Louis. Get your records. See what happened to you in the military. You know if you've got any buddies you can talk to them. Try to remember. Did you go on sick call? If so, what for?
Speaker 1:Yeah.
Speaker 3:Was it for a sore ankle, and is that ankle still bothering you today?
Speaker 1:Yeah.
Speaker 3:Does not have to be combat related, Although we discussed if you ran into a bleacher on a weekend playing football. That would be a service-connected disability.
Speaker 1:If it happened during your term of service.
Speaker 3:If you were in the military when you ran into that bleacher Saturday morning playing football, let's say the bleacher wasn't sitting there, it was a military jeep and you ran into that jeep and busted your kneecap. Now that's a combat-related injury because that jeep is a tactical vehicle, Mm-hmm injury because that Jeep is a tactical vehicle. The bleacher would be just service-connected injury, yeah, but if it was a tactical vehicle that caused it, that's combat-related. Every injury that I got is combat-related and I never was in combat. Right Don's would be combat-related because it was in combat. Right Don's would be combat related because it was Agent Orange and instrumentality of war that caused our disabilities.
Speaker 1:Yeah, and so Don. Where were you exposed?
Speaker 2:Vietnam.
Speaker 1:Were you yes, sir, don for somebody out there listening. What's your advice to them?
Speaker 2:Well, the same as James is. Don't give it up. Most of them has got something wrong with them, especially in the Vietnam era. Sure, as old as they are, they've got something. If it's in Vietnam, you know, agent Orange is….
Speaker 1:Presumptive at that point Right.
Speaker 2:And so if they was in Vietnam, they've got something wrong with them. Yeah, 90% of them anyway, sure.
Speaker 3:You can't serve two to four years and come out unscathed. No way.
Speaker 1:Yeah.
Speaker 3:You know we were all expendable and some of us were expended, Some of us came close, me included.
Speaker 1:Well, just being real Agent Orange will eventually get you.
Speaker 3:It's going to.
Speaker 1:Yeah, it almost got you between last episode and this one. I mean.
Speaker 3:It did. I lost part of my feet. I can remember Agent Orange sloshing in my shoes.
Speaker 1:So Not that big a stretch for it to be doing damage.
Speaker 3:And all these years later? Because some things that Agent Orange causes don't manifest for many years Loss of use of feet, loss of use of hands, heart disease, kidney disease. It takes years for some of those things to develop, but you know when you lose your hands and your feet. What other explanation is there?
Speaker 1:Right. You know, yeah, well, you know, I would think kind of an outline if somebody's listening to this right now. You've served. You should file an intent to an intent to file today, as soon as possible, and tomorrow, uh, file a what? What form is it? The one to st louis for the records uh sf 180 okay, sf 180. What's the phone number for them to do the intent to file?
Speaker 3:1-800-827-1000.
Speaker 1:Okay, Well, Dad Don, thank you all for coming in. Thank you both for your service and thank you for helping spread this message so that people understand what benefits are available, what they should do and, at the same time, that word of caution for who they should and shouldn't trust, right? Uh, cause it's about vetting that service officer, cause you're signing over a power of attorney to that person, right?
Speaker 3:Yeah, you want to question. If you want to try to find people, that's dealt with them First of all. Do they believe in your claim, right? If first of all, do they believe in your claim, right? If they don't believe in your claim, open?
Speaker 1:that door and run. You really do have to sit down with somebody that kneecap-to-kneecap discussion to get that body language. Are they trying to get rid of you? Do they care about what you're talking about?
Speaker 3:Or you know or not. They're too busy to fool with you, that's right.
Speaker 2:Yeah, but they are have. You do have more benefits now than you did Like when I filed a 99, they're covering more of them because I had a heart problem and 99 and they turned me down, yeah, and now they pay me for my heart problems, yeah.
Speaker 1:Well, and I think that's important because they do as, as information comes out, as some things are declassified, they do add areas that are covered, they do add some connected diseases, those things. So even if you haven't dealt with it in years and let's just say you've been hanging out at 50% or a hundred percent for the last decade you should probably take the same course of action do an intent to file, right, because you can do an intent to file, to file for an increase, right, right, yeah. And then if you don't have your copy or you need your copy of your medical files, send for that and then sit down with one, two or more veteran service officers and see you know who you're vetting in order to help you with that.
Speaker 3:Yeah, and you've got to keep in mind when you file that intent, to file the first claim you file after that consumes that intent Mm-hmm. So if you file a claim, wait a week or two, go back and file another intent, just in case you need it.
Speaker 1:Okay.
Speaker 3:I always keep one going.
Speaker 1:Okay, and that's 20 years of this.
Speaker 3:What's to lose? It don't cost anything.
Speaker 1:Well, and you also have to understand that you can't always take the DAV at face value, in that they will lie to you. Well, yeah let's just call it what it is. So you gotta be diligent, you gotta be tenacious about getting to the truth.
Speaker 3:You've got to be your own advocate. You can never turn a case over to somebody else and let them do it. Yeah, you know, you've got to have hands on, you've got to know what's going on. And then another thing, and Don can tell you this even when you do everything just right and you've got your claim filed and you've got somebody helping or you've got a diligent service officer or agent, it's hard to keep that fire burning. You know you lose hope. A month goes by, and two months goes by, and three months and five months and six months, and it's hard to keep that hope going. So you attend the meetings, you associate with people that have won.
Speaker 1:It lights a little fire for you when they win.
Speaker 3:Yeah, you keep the right attitude, knowing that someday you're going to win it. Yeah, if you don't quit, you're going to win it. But now, if you're going to quit, then get somebody else to help you. I'll spend my time with somebody that's not going to quit.
Speaker 1:Yeah.
Speaker 3:And it gets rough. It gets hard when it gets on out there years and you don't have a decision. But you got to know that you can't speed it up. Anybody can help you, but they can't speed it up. You've got a place in line and you can't jump line. Well, I think it's important real quick before we finish up. You've got a place in line and you can't jump line.
Speaker 1:Well, I think it's important real quick before we finish up. So there's some ugly organizations out there that say they're going to help you. For what? 50% of your increase, or 50% of your increase?
Speaker 3:Whatever, they want to charge you six months of your back pay. They're called claims sharks.
Speaker 1:And you can't get out of those contracts, can't get out of that contract. Um and so let's just say it goes on for two years.
Speaker 3:It's an illegal business, but the contract's legal right.
Speaker 1:So stay away from those. Find somebody like James right. Find somebody that's willing to help you and it is not, you know, it's not got their hand in your pocket. Uh, now there are some specific instances, Like if you have to go to what is it where you have to have a lawyer? You, you race. So you recently had one well, I say recently, a couple of years ago and um, there's a couple top law firms out there and I forget who it was that helped you um chisholm chisholm corpatrick.
Speaker 3:I did my research. They're the finest veterans law firm in the county.
Speaker 1:They're in the country in the country.
Speaker 3:They're in rhode island, we're in tennessee. But if you're going to have to pay a percentage of your back pay, then why not hire the best? Find out who they are. Right now it's CCK Chisholm Chisholm Kirkpatrick. They may take a case, they may not. But yeah, go for the best.
Speaker 1:Absolutely Well. Guys, thank you so much for coming in, and to our veterans out there, thank you so much for coming in, and to our veterans out there, thank you so much for your service. And please do the best thing for your family. If you have ailments, if you don't even know if you have ailments, file an intent to file. Get that going today. Then request your medical records from St Louis. You've got the information in this podcast. They'll also be in the show notes and then you've got a year to figure out if there's a reason for you to file or not. But that is absolutely the best thing that you can do for your family. Please take care, look after one another and until next time we're the Charge Forward Podcast. Take care Team.
Speaker 1:Is Jim Cripps here with the Charge Forward Podcast? I just want to tell you I love you, I appreciate you listening, I appreciate you for subscribing and sharing the Charge Forward Podcast with people you know and you love, because that's what we're here for. We are here to share the amazing stories, the things that people have been through, the ways that they were able to improve their life, so that you can take little nuggets from theirs and help improve your story and be better tomorrow than you were today. I hope that this is the tool you needed at the right time and that you find value in the amazing guests that we bring each and every week. Thanks so much and don't forget new episodes drop every Thursday.