Evolutionary psychology of language

Evolutionary psychology of language is the study of the evolutionary history of language as a psychological faculty within the discipline of evolutionary psychology. It makes the assumption that language is the result of a Darwinian adaptation.

There are many competing theories of how language might have evolved, if indeed it is an evolutionary adaptation. They stem from the belief that language development could result from an adaptation, an exaptation, or a by-product. Genetics also influence the study of the evolution of language. It has been speculated that the FOXP2 gene may be what gives humans the ability to develop grammar and syntax.

Language evolution theories

In the debate surrounding the evolutionary psychology of language, three sides emerge: those who believe in language as an adaptation, those who believe it is a by-product of another adaptation, and those who believe it is an exaptation.

Adaptation
Scientist and psychologists Steven Pinker and Paul Bloom argue that language as a mental faculty shares many likenesses with the complex organs of the body which suggests that, like these organs, language has evolved as an adaptation, since this is the only known mechanism by which such complex organs can develop. The complexity of the mechanisms, the faculty of language and the ability to learn language provides a comparative resource between the psychological evolved traits and the physical evolved traits.

Pinker, though he mostly agrees with Noam Chomsky, a linguist and cognitive scientist, in arguing that the fact that children can learn any human language with no explicit instruction suggests that language, including most of grammar, is basically innate and that it only needs to be activated by interaction, but Pinker and Bloom argue that the organic nature of language strongly suggests that it has an adaptational origin.

By-product/Spandrel
Noam Chomsky spearheaded the debate on the faculty of language as a cognitive by-product, or spandrel. As a linguist, rather than an evolutionary biologist, his theoretical emphasis was on the infinite capacity of speech and speaking: there are a fixed number of words, but there is an infinite combination of the words. His analysis from this considers that the ability of our cognition to perceive infinite possibilities, or create infinite possibilities, helped give way to the extreme complexity found in our language. Both Chomsky and Gould argue that the complexity of the brain is in itself an adaptation, and language arises from such complexities.
On the issue of whether language is best seen as having evolved as an adaptation or as a by product, evolutionary biologist W. Tecumseh Fitch, following Stephen J. Gould, argues that it is unwarranted to assume that every aspect of language is an adaptation, or that language as a whole is an adaptation. He criticizes some strands of evolutionary psychology for suggesting a pan-adaptationist view of evolution, and dismisses Pinker and Bloom's question of whether "Language has evolved as an adaptation" as being misleading.
He argues instead that from a biological viewpoint the evolutionary origins of language is best conceptualized as being the probable result of a convergence of many separate adaptations into a complex system. A similar argument is made by Terrence Deacon who in The Symbolic Species argues that the different features of language have co-evolved with the evolution of the mind and that the ability to use symbolic communication is integrated in all other cognitive processes.

Exaptation
Exaptations, like adaptations, are fitness-enhancing characteristics, but, according to Stephen Jay Gould, their purposes were appropriated as the species evolved. This can be for one of two reasons: either the trait’s original function was no longer necessary so the trait took on a new purpose or a trait that does not arise for a certain purpose, but later becomes important. Typically exaptations have a specific shape and design which becomes the space for a new function. The foundation of this argument comes from the low-lying position of the larynx in humans. Other mammals have this same positioning of the larynx, but no other species has acquired language. This leads exaptationists to see an evolved modification away from its original purpose.

Genes and language
Research has shown that “genetic constraints” on language evolution could have caused a “specialized” and “species-specific language module. It is through this module that there are many specified “domain-specific linguistic properties,” such as syntax and agreement. Adaptationists believe that language genes “coevolved with human language itself for the purpose of communication.” This view suggests that the genes that are involved with language would only have coevolved in a very stable linguist environment. This shows that language could not have evolved in a rapidly changing environment because that type of environment would not have been stable enough for natural selection. Without natural selection, the genes would not have coevolved with the ability for language, and instead, would have come from “cultural conventions.” The adaptationist belief that genes coevolved with language also suggests that there are no “arbitrary properties of language.” This is because they would have coevolved with language through natural selection.

The Baldwin effect provides a possible explanation for how language characteristics that are learned over time could become encoded in genes. He suggested, like Darwin did, that organisms that can adapt a trait faster have a “selective advantage.” As generations pass, less environmental stimuli is needed for organisms of the species to develop that trait. Eventually no environmental stimuli are needed and it is at this point that the trait has become “genetically encoded.”

FOXP2 gene

The genetic and cognitive components of language have long been under speculation, only recently have linguists been able to point out a gene that may possibly explain how language works. Evolutionary psychologists hold that the FOXP2 gene may well be associated with the evolution of human language. In the 1980s, psycholinguist Myrna Gopnik identified a dominant gene that causes language impairment in the KE family of Britain. The KE family has a mutation in the FOXP2, that makes them suffer from a speech and language disorder. It has been argued that the FOXP2 gene is the grammar gene, which is what allows humans the ability to form proper syntax and make our communication of higher quality. Children that grow up in a stable environment are able to develop highly proficient language without any instruction. Individuals with a mutation to their FOXP2 gene have trouble mastering complex sentences, and shows signs of developmental verbal dyspraxia.

This gene most likely evolved in the hominin line after the hominin and the chimpanzee lines split; this accounts for the fact that humans are the only ones able to learn and understand grammar. Humans have a unique allele of this gene, which has otherwise been closely conserved through most of mammalian evolutionary history. This unique allele seems to have first appeared between 100 and 200 thousand years ago, and it is now all but universal in humans. This suggests that speech evolved late in overall spectrum of human evolution.

Variation in human language
There are nearly 7000 languages worldwide, with a great amount of variation thought to have evolved through cultural differentiation. There are four factors that are thought to be the reason as to why there is language variation between cultures: founder effects, drift, hybridization and adaptation. With the vast amounts of lands available different tribes began to form and to claim their territory, in order to differentiate themselves many of these groups made changes to their language and this how the evolution of languages began. There also tended to be drifts in the population a certain group would get lost and be isolated from the rest of the group, this group would lose touch with the other groups and before they knew there had been mutations in their language and a whole new language had been formed.

Hybridization also played a big role in the language evolution, one group would come in contact with another tribe and they would pick up words and sounds from each other eventually leading to the formation of a new language. Adaptation would also play a role in the evolution of language differentiation, the environment and the circumstances were constantly changing therefore the groups had to adapt to the environment and their language had to adapt to it as well, it is all about maximizing fitness.

Atkinson theorized that language may have originated in Africa since African languages have a greater variation of speech sounds than other languages. Those sounds are seen as the root for the other languages that exist across the world.

Communication in other animals
Research indicates that nonhuman animals (e.g., apes, dolphins, and songbirds) show evidence of language. Comparative studies of the sensory-motor system reveal that speech is not special to humans: nonhuman primates can discriminate between two different spoken languages. Anatomical aspects of humans, particularly the descended larynx, has been believed to be unique to humans' capacity to speak. However, further research revealed that several other mammals have a descended larynx beside humans, which indicates that a descended larynx must not be the only anatomical feature needed for speech production.
Vocal imitation is not uniquely human as well. Songbirds seem to acquire species-specific songs by imitating.  Because nonhuman primates do not have a descended larynx, they lack vocal imitative capacity, which is why studies involving these primates have taught them nonverbal means of communication, e.g., sign language.

Koko and Nim Chimpsky are two apes that have successfully learned to use sign language, but not to the extent that a human being can. Nim is a chimpanzee that was taken in by a family in the 1970s and was raised as if he were a human child. Nim was able to master 150 signs, which were limited but useful. Koko was a gorilla that was taken in by a Berkley student. She was able to master 600 signs for generative communication. Koko and Nim were not able to develop speech due to the fact that they lack the larynx which is what distinguishes humans from other animals and allows them to speak.

See also

 Essay on the Origin of Languages
 Evolutionary anthropology
 Evolutionary linguistics
 Human evolution
 Language acquisition
 Linguistic anthropology
 Linguistic universals
 Neurobiological origins of language
 Origins of society
 Origin of language
 Origin of speech
 Physical anthropology
 Proto-language
 Proto-Human language
 Recent African origin of modern humans
 Signalling theory
 Social evolution
 Sociocultural evolution
 Symbolic culture
 Universal grammar

Notes

References

External links
 Language and Revolutionary Consciousness - Chris Knight

Category:Language
Category:Evolutionary psychology


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Ruthenium red-sensitive cation channels, but not calcitonin gene-related peptide or substance P-mediated mechanisms, protect duodenal villi against acid-induced damage.
Intestinal mucosal capsaicin-sensitive afferent nerves mediate, in part, the protective mesenteric hyperemia after intraduodenal acidification. Mechanisms associated the sensory neuropeptides, e.g. calcitonin gene-related peptide (CGRP), substance P, and ruthenium red-sensitive cation channels contribute to acid-induced mesenteric hyperemia, but whether they play a role in protection against acid-induced duodenal villous damage is not known. We tested the hypothesis that in doses that attenuate acid-induced hyperemia, inhibitors of these mechanisms will exacerbate acid-induced duodenal villous damage. Intravenous vehicle, specific receptor antagonists of CGRP (CGRP(8-37)), substance P (CP 96345), intraduodenal ruthenium red or vehicle was administered, followed by intraduodenal perfusion with 0.1 N HCl. Duodenal tissue was processed for hematoxylin and eosin staining. Villous damage was scored by blinded observers. Deep villous injury was significantly increased after treatment with ruthenium red, but not with CGRP(8-37) or CP 96345. These findings support the hypothesis that ruthenium red-sensitive cation channels, but not neuropeptides associated with intestinal mucosal afferent nerves, are involved in the acid-sensing mechanism which mediates the protection against acid-induced duodenal villous damage.


Nitric oxide depletion alters hematopoietic stem cell commitment toward immunogenic dendritic cells.
NO* is a key molecule involved in the regulation of cell survival, proliferation and differentiation in many cell types. In this study we investigated the contribution of NO* during the differentiation of human peripheral blood hemopoietic stem cells (CD34+HSCs) toward immunogenic dendritic cells (i-DCs). We depleted autocrine NO* production, using NG-monomethyl-L-arginine monoacetate (L-NMMA) and paracrine NO', using oxy-hemoglobin (HbO2) as a NO* scavenger during in vitro differentiation of CD34+HSCs to i-DCs. We monitored the NO* level, cell proliferation, phenotype and differentiation potential. We found that the depletion of paracrine or autocrine NO* correlated with (I) an active proliferation state at the end of differentiation, when control cells were not proliferating; (II) a significant reduction in the expression levels of differentiative markers (CD1a and HLA-DR) with a parallel high expression of the CD34 marker (III) with a retrieved clonogenic ability compared to control cells. On the whole, our data indicate that the depletion of NO* during the commitment stage blocks CD34+HSC differentiation into i-DCs and maintains an undifferentiated, highly proliferating cell population, indicating/revealing a novel role for NO* in the commitment of CD34+HSCs into i-DCs. The essential finding of the present study is that NO*, produced in HSCs by NOS enzymes, may act as autocrine and paracrine effectors regulating the in vitro differentiation process of CD34+-HSCs toward i-DCs.


Credit: AP

Whole Foods Co-CEO John Mackey will address the Greater Boston Chamber of Commerce this morning to promote the new book he’s co-written, “Conscious Capitalism: Liberating the Heroic Spirit of Business.” But critics call him a competition-crushing, union-busting “master of spin” who was the subject of probes by two federal agencies.

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Q:

Storing Session ID in AWS S3 or couchbase. Good idea?

I'm going to introduce the Round Robin Load Balancing in our architecture and I don't really want to use the Sticky Session since we don't utilize the cookie in our apps.  I'm trying to decide whether I should store the session ID for my php apps inside the couchbase database or I should store it in the mounted AWS S3.  Currently our session ID is stored in a pretty standard way which is local server.
I'm thinking of moving the session id storage in the couchbase database, however that requires us to change the code to accomodate that capability.  Storing the session ID on mounted AWS S3 is preferable since I don't really have to change anything in my code other than the pointer in php.ini.  But is it a good idea though and does it has any performance implication to it.  Anyone has any experience with this feature request and perhaps can share your thought/result?
Many thanks everyone...

A:

Deciding on how to implement sessions based on what is easy to implement doesn't seem like a very sound basis for choosing an architecture.
S3 -- particularly if you are already using it in a way in which it is not exactly designed to be used (by mounting it, to emulate a filesystem, which it is not -- it's an object store) -- does not seem like an appropriate platform for storing session data, for two reasons: the first is the likelihood of potential performance issues, and the second is the consistency model of S3.  A third potential consideration is the per-request pricing for S3, and a fourth consideration is that you'd need to disable any local file cache from s3fs (assuming that's what you're using) or you run the risk of reading stale data... but this would likely introduce additional potential performance issues.
When you create a new object in S3, and then try to download it, it will not necessarily be immediately available in the US Standard Region, which only provides eventual consistency, which means it is sometimes but not always possible to immediately download something you just finished uploading.  The other regions provide read-after-write consistency on new objects, but this could potentially come in the form of a tradeoff that increases the time it takes to initially create the new object, or the initial time to fetch it again.
In contrast to new objects, all regions, not just US Standard, provide only eventual consistency when you overwrite an existing object with different content.  This means if you change the contents of a file on S3 and immediately read the file again, you may not immediately see the newest version of the file... and that if you delete a file and subsequently try to read from it again, you might actually be able to, for a short period of time.  Testing this to disprove whether this is a problem would serve no purpose, since this is their stated consistency model, and behavior you observe today could deteriorate in the future yet still be consistent with their model.
http://aws.amazon.com/s3/faqs/
By contrast, SimpleDB, DynamoDB, and RDS all provide services that are more appropriate for storing session data, with the applicability of each of these services depending on your specific requirements.
Or, you could store the sessions in Couchbase, if that provides suitable performance.  I can't comment on that possibility, since I am unfamiliar with that platform... but S3, in spite of being an excellent service, it does not seem well-suited for this application.
One thing, though...

we don't utilize the cookie in our apps

I'm skeptical, since that's typically the way sessions work.  How does your server identify the appropriate session for the user connecting to your site, then, if not by a cookie?


Marc-Aurèle Plamondon’s ancestor Philippe Plamondon had come from Clermont, in the Auvergne, France. Born in 1641, he married Marguerite Clément on 23 April 1680 at La Prairie, in New France, and settled in the Quebec region.

Marc-Aurèle studied at the Petit Séminaire de Québec from 1833 to 1842. He became a lawyer on 21 Oct. 1846, having divided his time as a student among law, literature, and journalism. In the periodicals of his day he published odes and songs which were patriotic and romantic in tone. Although of slight literary value, they expressed the concerns of a generation which had lived through the troubles of 1837 and the climate of repression that followed, with the union of the two Canadas. They also bore witness to the continuing presence of France in the intellectual life of French Canada, especially through the influence of its romantic poets.

Trying his hand at journalism, Plamondon worked in 1843 for the Quebec paper Le Canadien, first as a proof-reader and then as a writer for the religious page. He was also the owner of a radical political newspaper in Montreal, L’Artisan, which ceased publication after it was condemned by the church. In 1844 he joined the staff of Le Ménestrel, a literary publication with a music section, and the Courier and Quebec Shipping Gazette, a daily paper for auctioneers and businessmen which was renamed the Commercial Courier/Le Courrier commercial in January 1845 [see Stanislas Drapeau]. In his early writings Plamondon showed an interest in literature and music, as well as a penchant for liberal and democratic views, both of which were to strengthen over time. He was one of the founders of the Institut Canadien of Montreal in 1844, and became its correspondent at Quebec. Four years later he and a group of friends founded the Institut Canadien of Quebec, with Plamondon himself as president. Along with Joseph Papin*, Antoine-Aimé Dorion and his brother Jean-Baptiste-Eric*, Joseph Doutre*, and others with whom he was in regular correspondence, Plamondon denounced various aspects of French Canada’s subservient position. In short, he was of the school of Louis-Joseph Papineau*, and had already joined the Rouges before stepping into the public arena.

According to his contemporaries, Plamondon was made for the lawcourts. His passion, brilliant wit, and natural gift for oratory were to make him an outstanding criminal lawyer, and his name was to be associated with a number of celebrated cases. Journalist Louis-Honoré Fréchette* would later sum him up with a scathing comment instantly qualified: “Many a scoundrel did he send back out into society! By contrast, he has saved many an innocent. . . . I know some he snatched from the hangman by the hair of their heads, so to speak, despite the evidence, the judges, and I dare say, in at least one instance, despite the jury.” Nevertheless Plamondon had a slow start in the legal profession. Like most young lawyers, he had to turn his mind to politics, a realm of even greater interest to him because he wanted to defend and promote liberal principles.

Between 1855 and 1859 Plamondon was both co-owner and co-editor of Le National of Quebec, along with Télesphore Fournier and Pierre-Gabriel Huot. A newspaper engaged in political education, it saw itself as a vehicle for liberal ideas and as a voice for democratic interests. It was “the arsenal which provided the weapons for the fight,” in the words of Liberal Charles Langelier*. The famous trio derived malicious pleasure from confronting any and all rightist views. “It is the ‘National’ which has turned St Roch and the entire Quebec district Liberal,” Langelier was to claim.

Twice in 1857 Plamondon sought a role in politics, running for election to the Legislative Assembly for Quebec City. He put up a bitter struggle, was defeated, and was forced to pull back from the line of fire, but by no means from the political fight. He remained proud of his fidelity to the Liberal party despite his own personal set-backs, and deplored the disloyalty that was all too prevalent in its ranks.

Plamondon’s strong allegiance to the Liberals would win him recognition and an honourable ending to his career. In 1874 Prime Minister Alexander Mackenzie appointed him to the Superior Court as a judge for the district of Arthabaska. Plamondon’s letters suggest that “mounting the bench” changed him very little, even though his official position demanded greater discretion of him. At home, in his “Cabane,” as it amused him to call his imposing house in Arthabaskaville, he was the immediate neighbour of Wilfrid Laurier*. Politics linked him with the Liberal leader as well as with Joseph Lavergne, Lawrence John Cannon, Jules-Adolphe Poisson, Médéric Poisson, and others whom he invited to his conversaziones, joyful gatherings unmarked by care. Arthabaskaville society was known for its passionate interest in politics and love of literature and the arts. Plamondon fitted well in this milieu.

In 1897 he yielded to Laurier’s urgings and resigned as judge to make way for his son-in-law François-Xavier Lemieux*, who had just been denied a place in the provincial cabinet. In so doing, Plamondon smoothed the path for the two newly elected heads of government, Wilfrid Laurier in Ottawa and Félix-Gabriel Marchand in Quebec. The presence in the cabinet of former Liberal radicals such as Lemieux could have posed a threat to the political entente which the Liberal party had made part of its platform and which had been instrumental in securing its recent electoral victories.

Marc-Aurèle Plamondon died three years later, on 4 Aug. 1900, at Arthabaskaville. He was one of the last of the Rouge old guard, and his death heralded the end of an era. The Rouges had left their mark on the political and social history of 19th-century French Canada by their resistance to the tide of conservatism rising even in Liberal circles.

We acknowledge the support of the Government of Canada through the Department of Canadian Heritage. Nous reconnaissons l’appui du gouvernement du Canada par l’entremise du ministère du Patrimoine canadien.


The Washington Post

Has Obama made hip-hop rethink masculinity?

By now, many of us have heard that Jay-Z, arguably the most influential rapper alive, was the first to back Obama’s endorsement of gay marriage. But then came other prominent hip-hop figures, west coast rap pioneer Ice Cube and southern rappers T.I. and Bun B, who condemned discrimination of homosexuals and spoke of individual rights. Even Jamaican reggae star Beenie Man (who represents a cultural framework similar to that of hip-hop) has recently apologized for his long history of lyrics promoting violence against the LGBT community.

Jay-Z (Julio Cortez - Associated Press) As products of hyper-masculine, historically homophobic musical genres, their statements have me wondering if and how the hip-hop community is being forced to rethink masculinity in the Obama era.

It’s no secret that commercial hip-hop has saturated the global music landscape with reckless individualism, misogynistic bravado, and a monolithic understanding of black male identity for decades. For every rapper who amplifies the urban plight and seeks to give voice to the full range of African-American identity and culture, there are countless others who boast of having from-the-projects-to-the-penthouse narratives rooted in criminal activity.

Many of these rap artists have manufactured personas that glorify aggression. That aggression surfaces in the violent language and animalistic imagery used to describe sexual intimacy with women. It makes itself known in its all-consuming obsession with capital and material goods. And, undoubtedly, in the brutal verbal lashings it often gives to homosexual men.

It is within this cultural context that we must pause when four prominent rappers and a Jamaican dancehall artist not only speak publicly about homosexuality in a thoughtful manner — but go as far as to support (or voice indifference to) marriage equality.

While many conservative pundits are quick to brush off the remarks of these artists, particularly Jay-Z, as damage control on behalf of their presidential candidate of choice, I’m left wondering if the hip-hop community, under the leadership of Obama, is very slowly etching toward (obviously not yet having arrived at) a post-homophobic era.

Are hip-hop artists being challenged to stretch themselves beyond their comfort zones to make room for identities that have historically been silenced and made invisible in the public’s imagination? Is Obama helping to create a safe space in which black men can broaden their definition of manhood without fear that it brings their own sexuality into question?

Mark Anthony Neal, professor of African and African American Studies at Duke University, responded to the questions I posed by saying, “Many male rap artists, Jay-Z among them, have been long grappling with the constructed versions of masculinity that they have been tethered to. If anything, President Obama's performance of black masculinity — thoughtful, adaptable, and even progressive (if we consider the stance on same-sex marriage) has given many male rap artists the cover to explore the nuances of their manhood.”

Bakari Kitwana, author of “The Hip-Hop Generation” and executive director of Rap Sessions, is leading a nationwide 10-city tour of town hall meetings with Neal and other intellectuals to challenge communities to think about these intersections of gender, race and hip-hop. He pushes back on the notion that Obama has inspired an ideological shift within the hip-hop community in regards to homosexuality.

“Hip-hop culture doesn’t take its social cues from Obama,” he told me when I asked what artist support of Obama’s endorsement suggests about the current state of hip-hop. “Most hip-hop artists came into the game as teenagers. As these young men mature, their public comments reflect their growing comfort level with speaking about the diversity of opinion in hip-hop — more than any indication of Obama changing the hip-hop landscape.”

If Kitwana is right and this is simply about the comfort level of these specific individuals, then it’s important to note that they are all well-established artists who have very little to lose in comparison to rappers that are not equally as secure in their careers.

Not only have they been in the industry long enough to lead the pack on an issue as controversial as this without fearing what it means for their artist branding, but they also don’t stand the risk of having to defend their sexuality. Jay-Z and T.I., in particular, have had the privilege of juggling their highly visible, long-term relationships with prominent female entertainers alongside countless tracks that boast of the sex-infused-rock-star-good-life. Nonetheless, Compton rapper Kendrick Lamar’s recent public statement on this issue suggests that less-established artists may soon be following their lead.

Still, I think we would be short-sighted to assume that their comments reflect a tangible shift in how they think and plan to operate in the world. For example, Jay-Z’s comment in a CNN interview that opposition to marriage equality is “discrimination plain and simple” doesn’t prove that he is not homophobic. It is one thing to accept at face value his belief, which was also expressed by T.I., that what “people do in their own homes is their business,” but it’s a huge leap to assume that artists who have derided gays in their lyrics are now comfortable with homosexuality in their own personal spaces.

As such, perhaps it’s too early to claim that hip-hop artists (and Obama for that matter) have undergone an overnight ideological transformation when so much of what they say and do is driven by branding and market appeal. And it’s also premature to conclude that hip-hop is on the cusp of a post-homophobic era based on the opinions of a handful of rappers who may not yet be willing to personify the tolerance that they have recently preached.

But we can hope that these artists have made way for conversations about gender and sexual politics that were previously unimaginable for hip-hop artists in the public sphere.

Those of us who came of age with hip-hop as the soundtrack of our formative years have longed for the day when hip-hop would move closer to a cultural form more reflective of the complex, multi-dimensional identity of our generation. Hip-hop has a long way to go toward that end. But for now, the salvos fired by hip-hop icons Jay-Z, Ice Cube, T.I., and Bun B are a great start toward much-needed cultural reflection and generational dialogue.


[Light- and electronmicroscopic investigations on ultrastructure and enzyme distribution in the external sulcus of the cochlea (author's transl)].
The ultrastructure of the external sulcus of the cochlea of young healthy guinea pigs and hamsters was investigated as well as the distribution of lactate dehydrogenase (LDH) in this region. The demonstration of LDH activity was carried out as follows. The unfixed and undecalcified cochlea was cut in 80 micron thick frozen sections, which were incubated immediately in the reaction mixture for LDH and subsequently fixed with paraformaldehyde. For electron microscopy the usual procedure was applied. The epithelial cells of the external sulcus show deep reaching extensions into the vessel-rich connective tissue of the basal part of the spiral ligament. These roots are bound together into root bundles surrounded by the basement membrane and fibrills. The root cells differ in their ultrastructure. The light cells, which have been described previously, contain a number of stretched mitochondria and only few other cell organels. Beside these, dark cells can be found (Fig. 2). Their cytoplasm shows high contrast and contains many mitochondria, ribosomes, rough endoplasmatic reticulum and Golgi apparatus. In the dark cells big vasuoles can be seen. All these structures indicate a high rate of synthesis in the dark cells. The root cells are linked together by membranous foldings, which diverge in some parts, forming intercellular spaces in which small cell protrusions are found. Other intercellular gaps can also be detected building a system of small channels. It is possible that these structures serve for extracellular transport. The LDH activity, which is demonstrated by formazan deposits can be exclusively found in the root cells. This could be demonstrated in light microscopic semithin sections (Fig. 3) and with electron microscopy (Fig 4). The possible role of LDH in the root cells is discussed.


[Occupational stress--risk factor in essential arterial hypertension].
The stress was recorded taking into consideration the epidemiological interview, using a standard methodology by filling in the type card the occupational stress (OS) and the family stress (FS). The constitutional factors (behaviour type A, body weight index > 25 Kg/m2) as well as the consumption in excess of salt, have significantly correlated themselves, both in individuals with OS and FS, and in those with the exclusively OS. The modification of biochemical constants (total cholesterol, triglycerides, total lipids, HDL-cholesterol, LDL-cholesterol) significantly associate themselves in persons to which the presence of OS and FS, of the occupational one, respectively was put into evidence (chi 2 = 94.10 for 5 freedom degrees and p < 0.001, chi 2 = 118.94 and p < 0.001, respectively). The prevalence of persons with pathologic values of total lipids was 58.7%, of triglycerides 35.7%, of total cholesterol 12.7%, of LDL cholesterol 27%, and of HDL-cholesterol 44.4%. Measuring the values of systolic and diastolic arterial hypertension an increase above the normal values of limit systolic arterial hypertension at 23.8% and at 12.3% for illness systolic arterial hypertension was found. The evaluation of association of certain cardiovascular risking factors in individuals with occupational stress has permitted a global understanding, useful for the elaboration of some preventive programmes.


int unsorted_segment_sum_forward_gpu(
  at::Tensor data_cuda, at::Tensor segment_ids_cuda, const int* data_shape, at::Tensor output_cuda);

int unsorted_segment_sum_backward_gpu(
  at::Tensor grad_output_cuda, at::Tensor segment_ids_cuda, const int* data_shape, at::Tensor grad_data_cuda);


Oculographic assessment of workload influence on flight performance.
Presented are specific parameters of visual information intake in pilots on the job. The role of eye movements in the process of visual stimulus reception is discussed. Our own study on a MIG-23 flight simulator is presented. The method of oculographic testing of pilots performing professional assignments differing in workload is presented, and the practical implications of oculographic research are discussed.


A surgeon who completely cut off a four-year-old's penis in a botched circumcision has been acquitted of negligence by a court in Geneva.

The unnamed doctor, 59, was on trial almost three years after the fateful day in July 2014 when he severed the boy's phallus entirely from his body during a routine operation.

The court heard that the boy's father had been taking photos of the operation and at one point gestured for his son to turn towards the camera.

Circumcision is a celebrated rite of passage in many cultures and religions.

The boy moved according to his father's instructions and in the process shifted his pelvis just as the surgeon was making an incision.

His penis was cut away from his body and fell onto the floor, according to news site The Local.

The doctor was unable to reattach the penis immediately because he did not have an appropriate catheter. The prosecution alleged that the surgeon wasted time "running around Geneva trying to find a catheter" instead of sending the boy straight to hospital.

This claim was disputed by defence lawyer Charles Joye who said the surgeon told the father to take the son to hospital immediately.

Speaking after the court's decision in favour of his client, Joye said: "The court recognizes that the surgeon is not responsible when an unforeseeable event, such as in this case, causes an imprecise action.

"The event that took place was an unfortunate accident, not caused by the doctor, and his behaviour testifies to his cool head as well as his skill," he added.

A lawyer for the boy's parents reportedly criticised the judgement because it did not take account of the doctor's decision to let the father take photos during the procedure.

After several operations the boy is now on the mend, a surgeon told the court, though he will have to wait until he is 18 to know if any further procedures on his reattached penis are necessary.

Last month IBTimes UK reported the case of a Canadian man who ran an unlicensed circumcision service from his cabin in the woods.


Citation Nr: 0421638
Decision Date: 08/06/04 Archive Date: 08/09/04
DOCKET NO. 90-51 682 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Manila, the
Republic of the Philippines
THE ISSUES
1. Whether new and material evidence has been presented to
reopen the claim of service connection for a low back
disability.
2. Entitlement to service connection for an acquired
psychiatric disorder, including post-traumatic stress
disorder.
3. Entitlement to a compensable rating for acne.
4. Entitlement to a total disability rating based on
individual unemployability.
WITNESS AT HEARING ON APPEAL
Veteran
ATTORNEY FOR THE BOARD
George E. Guido Jr., Senior Counsel
INTRODUCTION
The veteran served on active duty from August 1980 to August
1983 and from February 1984 to April 1988.
This matter is before the Board of Veterans' Appeals (Board)
on appeal of rating decisions of a Department of Veterans
Affairs (VA) Regional Office (RO) in December 1988, denying
service connection for an acquired psychiatric disorder, and
in December 2002, denying the remainder of the issues.
In September 2003, a hearing was held in Manila before the
undersigned who is the Veterans Law Judge designated by the
Chairman of the Board to conduct the hearing and to make the
final determination of the appeal. 38 U.S.C.A. § 7107(c).
At the hearing in September 2003 and on the record, the
veteran withdrew his appeal as to the issues of increased
ratings for varicose veins of the left leg, plantar fasciitis
of the left foot, migraine, and residuals of right testicular
surgery. 38 C.F.R. § 20.204(a), (b).
Also at the hearing in September 2003 and on the record, the
veteran indicated that he was perfecting an appeal of the
new-and-material issue and the issues of service connection
for PTSD, of an increased rating for acne, and of a total
disability rating based on individual unemployability. In
this case, under the authority of 38 U.S.C.A. § 7105(d)(3);
38 C.F.R. § 20.101(d), the Board accepts the record of the
hearing as a timely filing and adequate response,
constituting a substantive appeal that perfects an appeal of
these issues.
Except for the new-and-material issue, the issues are
addressed in the REMAND portion of the decision and are
REMANDED to the RO via the Appeals Management Center (AMC),
in Washington, DC.
FINDINGS OF FACT
1. In an April 1996 decision, the Board denied service
connection for a low back disability, diagnosed as a
developmental defect at L-5 and degenerative disc disease of
the lumbar spine and a herniated disc at L4-L5.
2. Since the April 1996 decision, the evidence associated
with the record is either cumulative or redundant of evidence
previously considered, does not bear directly or
substantially upon the specific matter under consideration,
and by itself and in connection with evidence previously
assembled is not so significant that it must be considered to
decide fairly the merits of the claim.
CONCLUSIONS OF LAW
1. The April 1996 Board decision, denying service connection
for a low back disability is final. 38 U.S.C.A. § 7103 (West
1991 & Supp. 2002).
2. New and material evidence to reopen the claim of service
connection for low back disability has not been presented.
38 U.S.C.A. §§ 5108, 7104(b) (West 2002); 38 C.F.R. § 3.156
(2001).
VCAA
On the new-and-material issue, during the appeal, the
Veterans Claims Assistance Act of 2000 (VCAA) was enacted,
codified in part at 38 U.S.C.A. §§ 5103, 5103A, and
implemented at 38 C.F.R. § 3.159, and amended VA's duties to
notify and to assist a claimant in developing the information
and evidence necessary to substantiate a claim.
Duty to Notify
Under 38 U.S.C.A. § 5103(a), VA must notify the claimant of
the information and evidence not of record that is necessary
to substantiate the claim, which information and evidence
that VA will seek to provide, and which information and
evidence the claimant is expected to provide.
In Pelegrini v. Principi, __ Vet. App. ___, No. 01-944 (June
24, 2004), the United States Court of Appeals for Veterans
Claims held, in part, that VCAA notice, as required by
38 U.S.C. § 5103(a), must be provided to a claimant before
the initial unfavorable adjudication by the RO on a claim for
VA benefits, even if the claim and initial unfavorable
adjudication occurred prior to the effective date of the
VCAA.
The veteran submitted his petition to reopen the claim of
service connection for a low back disability in October 2000.
In letters, dated in March and June 2001, addressing the
VCAA, the RO provided the veteran pre-RO-adjudication notice
under 38 U.S.C.A. § 5103. The RO adjudicated the claim in
December 2002.
As for the content of the notice, the RO notified the veteran
that the evidence needed to substantiate the claim was
medical evidence showing that the current back disability was
related to a condition of service origin. The veteran was
also notified that VA would obtain Federal records and other
medical records he identified. The RO requested that the
veteran identify any additional evidence or information. In
each letter, he was given 60 days to respond.
For these reasons, the Board finds that the RO's
preadjudicatory notice substantially complies with the
specificity requirements of Quartuccio v. Principi, 16 Vet.
App. 183 (2002) (identifying evidence to substantiate the
claim and the relative duties of VA and the claimant to
obtain evidence); Charles v. Prinicipi, 16 Vet. App. 370
(2002) (identifying the document that satisfies VCAA notice);
and Pelegrini, supra, (preadjudicatory VCAA notice).
As for the 60 days for submitting evidence, prior to
adjudicating the claim, 38 U.S.C.A. § 5103(b)(3) (West 2002 &
Supp. 2004) authorizes the Secretary of VA to make a decision
on a claim before the expiration of the one-year period
provided a claimant to respond to VA's request for
information or evidence. This legislation, effective as if
enacted on November 9, 2000, immediately after the enactment
of the VCAA, supersedes the decision of the United States
Court of Appeals for the Federal Circuit in Paralyzed
Veterans of America v. Secretary of Veterans Affairs, 345
F.3d 1334 (Fed. Cir. 2003) that invalidated a regulatory
provision, implementing the VCAA, that required a response to
VCAA, as here, in less than the statutory one-year period.
Also, as to the content of the notice, that is, the
requirement in 38 C.F.R. § 3.159(b)(1) that the veteran
should submit "any evidence in the claimant's possession
that pertains to the claim" was not cited verbatim, the RO
did request that the veteran identify any additional evidence
or information, which are words to the same effect. For this
reason, the Board determines that the notice provision of
38 C.F.R. § 3.159(b)(1) has been satisfied.
Duty to Assist
Under 38 U.S.C.A. § 5103A, VA must make reasonable efforts to
assist the claimant in obtaining evidence necessary to
substantiate the claim. The RO did obtain private medical
records and the veteran has submitted additional evidence. As
there are no additional records to obtain, the Board
concludes that the duty-to-assist provisions of the VCAA have
been complied with.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
Evidence Previously Considered by the Board in the April 1996
Decision
In order to determine whether the additional evidence is new
and material, a summary of the evidence previously of record
and considered at the time of the April 1996 Board decision
follows.
For the first period of service, the service medical records
show that, in February 1983, the veteran was seen for low
back and left hip pain of one day's duration. There was no
history of low back pain or of trauma. The assessment was
contusion. On separation examination in July 1983, the spine
was evaluated as normal.
On entrance examination for the second period of service in
January 1984, the spine was evaluated as normal. The veteran
denied recurrent back pain. In June 1984, he was seen for a
complaint of low back pain for one day's duration after
working on a truck. The physical examination was normal.
The impression was low back pain. The remainder of the
service medical records are silent for any further back
complaint. On separation examination in March 1988, the
spine was evaluated as normal.
After service and on the initial report of VA examination in
June 1988, the diagnosis was a developmental defect of L-5,
which was established by an X-ray finding.
Other VA records and records of a service department,
beginning in 1989, disclose the following: The veteran
complained of low back pain while jogging and the assessment
was low back strain (May 1989); he was seen for a complaint
of recurring lower back pain associated with his job as a
fireman and the assessment was chronic lower back strain
(July 1989); he was treated for low back strain after he
slipped and fell, coming out of a shower (March 1990); he
indicated that he noticed low back pain in service in 1988
and that he had injured his back in service, carrying a
rucksack, and the assessment was lower back pain (April
1990); he was seen for low back pain several times (February
to July 1990); an MRI revealed degenerative disc disease at
L5-S1 and a herniated disc at L4-L5 (April 1993); he
complained of intermittent back pain at work and the
assessment was back strain, improved but not resolved
(January 1994); and, he had no further back pain (February
1994).
In its April 1996 decision, the Board found that the isolated
episodes of low back pain during service were acute and
transitory and resolved without residual disability, that the
developmental defect of L-5, shown on VA examination in 1988,
was not a disease or injury within the meaning of applicable
legislation providing
compensation benefits, and that there was no etiologic link
between any event in service and degenerative disc disease of
the lumbar spine and a herniated disc first demonstrated more
than one year following separation from service.
Legal Criteria
The law provides that if new and material evidence has been
presented or secured with respect to a matter that has been
disallowed, the matter may be reopened and the former
disposition reviewed. 38 U.S.C.A. § 5108.
In determining whether new and material evidence has been
submitted, it is necessary to consider all the evidence since
the last time the claim was denied on any basis. The newly
presented evidence need not be probative of all the elements
required to award a claim for service connection; however,
the additional evidence must tend to prove the merits of the
claim as to the element that was the specified basis for the
last final disallowance of the claim.
New and material evidence means evidence not previously
submitted to agency decision makers which bears directly and
substantially upon the specific matter under consideration,
which is neither cumulative nor redundant, and which by
itself or in connection with evidence previously assembled is
so significant that it must be considered in order to fairly
decide the merits of the claim. 38 C.F.R. §3.156(a).
Recently 38 C.F.R. § 3.156(a) was amended. However the
amended version applies only to claims to reopen received on
or after August 29, 2001. As the veteran's petition to
reopen his claim was filed prior to that date, the amended
regulation does not apply.
Evidence Presented Since the April 1996 Board Decision
The evidence presented since the April 1996 Board decision
consists of the following items: (1) a copy of the June 1984
entry in the service medical records,
(2) a copy of the April 1993 MRI; (3) a copy of an August
1996 hospital report; (4) an April 2003 report of VA
examination; and, (5) the veteran's testimony at the hearing
in September 2003.
Analysis
Items 1 and 2 are copies of records previously submitted and
were part of the record considered by the Board in its April
1996 decision. Since new evidence means evidence not
previously submitted, these items do not meet the regulatory
standard of new evidence. 38 C.F.R. § 3.156.
Item 3 is a copy of a 1996 hospital report, showing treatment
for an acute cervical strain following a vehicle accident.
This item is not material because it does not bear directly
on the matter under consideration, that is, a link between an
injury, disease, or event of service origin and the post-
service documentation of degenerative disc disease at L5-S1
and a herniated disc at L4-L5, which was the basis for the
prior denial of the claim.
Item 4, a diagnosis of low back pain on VA examination in
April 2003, which was not attributed to an injury or disease
of service origin, is not material because it is cumulative
of evidence previously considered, namely, evidence of post-
service low back pain.
Item 5, the veteran testified that he thought his back
disability was related to the wear and tear on his back
caused by wearing a pack, carrying a radio, and the rest of
the training required to stay in shape for physical fitness
tests during service.
With respect to the veteran's testimony, regarding the cause
of his back disability, where the question involves medical
causation or a medical opinion, credible medical evidence is
required. As a layperson, the veteran is not qualified to
relate his back disability to a service event because such an
opinion requires medical expertise. Espiritu v. Derwinski, 2
Vet. App. 492, 494-5 (1992) (holding that laypersons are not
competent to establish a medical diagnosis or draw medical
conclusions). For this reason, the veteran's testimony is
not material.
As the claim was previously denied in 1996 because the
evidence did not establish a link between an event of service
origin, that is, an injury or disease, and post-service
degenerative disc disease of the lumbar spine and a herniated
disc, and as the additional evidence does not tend to prove
the merits of the claim as to such a link, which was the
specified basis for the last final disallowance of the claim,
the Board concludes that new and material evidence has not
been presented to reopen the previously disallowed claim and
the benefit-of-the-doubt doctrine is not applicable.
38 U.S.C.A. § 5107(b).
ORDER
As new and material evidence has not been presented, the
petition to reopen the claim of service connection for a low
back disability is denied.
REMAND
On the claim of service connection for an acquired
psychiatric disorder, under 38 C.F.R. § 3.159(c)(2), when
relevant records are in the custody of a Federal department
or agency, VA is required to make as many requests as are
necessary to obtain the records unless the records sought do
not exist or further efforts to obtain them would be futile.
From the beginning of the appeal, the veteran has maintained
that he was treated at the Tripler Army Medical Center from
December 1987 to January 1988 and that these records are
relevant to his claim for service connection. The record
does contain several references to treatment of the veteran
at the Tripler Alcohol Treatment Program during this period.
In January 1999, a representative of the Tripler Army Medical
Center (TAMC) reported that the veteran's records were at the
Honolulu VA facility. In response, the Honolulu VA facility
reported that there were no TAMC records in the
veteran's chart. In July 1999, VA made a second request for
records to Schofield Barracks. In reply, it was indicated
that a search for mental health records was negative.
Because of the unusual circumstances in this case, the Board
determines that a follow-up request should be made directly
to TAMC in order to obtain the relevant records.
Also, on the claim for increase for the skin disability, the
Board determines that the examination in April 2003 was
inadequate to rate the disability under the criteria for a
compensable rating.
For these reasons, the case is REMANDED for the following
action:
1. Under the VCAA, notify the
veteran that to substantiate his
claim of service connection he needs
medical evidence that an acquired
psychiatric disorder began in
service or a diagnosis of PTSD and
credible supporting evidence of an
in-service stressor. For the claim
for increase, he needs evidence that
he has deep acne. Also, notify the
veteran that:
a. If he has evidence to
substantiate his claim, not
already of record, that is not
in the custody of a Federal
agency, such as records of
private medical care, he should
submit the records himself or
with his authorization, VA will
make reasonable efforts to
obtain the records on his
behalf.
b. If he has evidence to
substantiate his claim, not
already of record, that is in
the custody of VA or other
Federal agency, including the
Social Security Administration,
VA will obtain any such records
he identifies.
c. He should provide any
evidence in his possession that
pertains to the claims.
2. Request the clinical records
from December 1987 to January 1988
from Tripler Army Medical Center,
pertaining to the veteran's
participation in the TAMC Alcohol
Treatment Program.
3. Arrange for the veteran's file
to be reviewed by the VA examiner
who conducted the examination in
January 2001, if possible. The
record shows that the veteran has
many health problems, both service-
connected and nonservice-connected.
Among the nonservice-connected
disabilities is loss of the left
eye, due to a traumatic injury. The
examiner is asked to clarify the
comment he made in the April 2001
addendum in which he refers to a
diagnosis of depression secondary to
the veteran's current medical
condition. The examiner is asked to
comment on the following:
a. Whether the veteran's
current medical condition
includes all of his health
problems, both service-
connected and nonservice-
connected disabilities;
b. Whether the service-
connected disabilities, alone,
caused depression and, if so,
the medical basis for such a
conclusion; and,
c. If there is no etiological
relationship between depression
and the service-connected
disabilities, alone, whether
the underlying depression, as
contrasted to symptoms, is
worsened by the service-
connected disabilities. And,
if so, what degree of
disability, which is over and
above the degree of disability
that existed prior to the
aggravation, is present.
d. If the examiner who
conducted the January 2001
examination and provided the
April 2001 addendum is no
longer available to conduct a
review and offer clarifying
opinion, a new examination of
the veteran should be arranged
and the examiner should attempt
to answer the questions posed
above.
4. Schedule the veteran for a VA
skin examination to determine the
current level of impairment. The
examiner is asked to describe the
present skin condition as either
superficial acne or deep acne. If
deep acne is found, the examiner is
asked to determine whether the
affected area is less or more than
40 percent of the face and neck.
The veteran's file must be made
available to the examiner.
5. After the requested development
has been completed, adjudicate the
claims, including the issue of a
total disability rating. If any
benefit sought is denied, prepare a
supplemental statement of the case
and return the case to the Board.
The veteran has the right to submit additional evidence and
argument on the matter the Board has remanded. Kutscherousky
v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans Benefits Act of 2003, Pub. L. No. 108-183, §
707(a), (b), 117 Stat. 2651 (2003) (to be codified at 38
U.S.C. §§ 5109B, 7112).
_____________________________________________
D. C. Spickler
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs
YOUR RIGHTS TO APPEAL OUR DECISION
The attached decision by the Board of Veterans' Appeals (BVA or Board) is
the final decision for all issues addressed in the "Order" section of the
decision. The Board may also choose to remand an issue or issues to the
local VA office for additional development. If the Board did this in your
case, then a "Remand" section follows the "Order." However, you cannot
appeal an issue remanded to the local VA office because a remand is not a
final decision. The advice below on how to appeal a claim applies only to
issues that were allowed, denied, or dismissed in the "Order."
If you are satisfied with the outcome of your appeal, you do not need to do
anything. We will return your file to your local VA office to implement
the BVA's decision. However, if you are not satisfied with the Board's
decision on any or all of the issues allowed, denied, or dismissed, you
have the following options, which are listed in no particular order of
importance:
? Appeal to the United States Court of Appeals for Veterans Claims
(Court)
? File with the Board a motion for reconsideration of this decision
? File with the Board a motion to vacate this decision
? File with the Board a motion for revision of this decision based on
clear and unmistakable error.
Although it would not affect this BVA decision, you may choose to also:
? Reopen your claim at the local VA office by submitting new and
material evidence.
There is no time limit for filing a motion for reconsideration, a motion to
vacate, or a motion for revision based on clear and unmistakable error with
the Board, or a claim to reopen at the local VA office. None of these
things is mutually exclusive - you can do all five things at the same time
if you wish. However, if you file a Notice of Appeal with the Court and a
motion with the Board at the same time, this may delay your case because of
jurisdictional conflicts. If you file a Notice of Appeal with the Court
before you file a motion with the BVA, the BVA will not be able to consider
your motion without the Court's permission.
How long do I have to start my appeal to the Court? You have 120 days from
the date this decision was mailed to you (as shown on the first page of
this decision) to file a Notice of Appeal with the United States Court of
Appeals for Veterans Claims. If you also want to file a motion for
reconsideration or a motion to vacate, you will still have time to appeal
to the Court. As long as you file your motion(s) with the Board within 120
days of the date this decision was mailed to you, you will then have
another 120 days from the date the BVA decides the motion for
reconsideration or the motion to vacate to appeal to the Court. You should
know that even if you have a representative, as discussed below, it is your
responsibility to make sure that your appeal to Court is filed on time.
How do I appeal to the United States Court of Appeals for Veterans Claims?
Send your Notice of Appeal to the Court at:
Clerk, U.S. Court of Appeals for Veterans Claims
625 Indiana Avenue, NW, Suite 900
Washington, DC 20004-2950
You can get information about the Notice of Appeal, the procedure for
filing a Notice of Appeal, the filing fee (or a motion to waive the filing
fee if payment would cause financial hardship), and other matters covered
by the Court's rules directly from the Court. You can also get this
information from the Court's web site on the Internet at
www.vetapp.uscourts.gov, and you can download forms directly from that
website. The Court's facsimile number is (202) 501-5848.
To ensure full protection of your right of appeal to the Court, you must
file your Notice of Appeal with the Court, not with the Board, or any other
VA office.
How do I file a motion for reconsideration? You can file a motion asking
the BVA to reconsider any part of this decision by writing a letter to the
BVA stating why you believe that the BVA committed an obvious error of fact
or law in this decision, or stating that new and material military service
records have been discovered that apply to your appeal. If the BVA has
decided more than one issue, be sure to tell us which issue(s) you want
reconsidered. Send your letter to:
Director, Management and Administration (014)
Board of Veterans' Appeals
810 Vermont Avenue, NW
Washington, DC 20420
VA
FORM
JUN
2003
(RS)
4597
Page
1
CONTINUED
Remember, the Board places no time limit on filing a motion for
reconsideration, and you can do this at any time. However, if you also plan
to appeal this decision to the Court, you must file your motion within 120
days from the date of this decision.
How do I file a motion to vacate? You can file a motion asking the BVA to
vacate any part of this decision by writing a letter to the BVA stating why
you believe you were denied due process of law during your appeal. For
example, you were denied your right to representation through action or
inaction by VA personnel, you were not provided a Statement of the Case or
Supplemental Statement of the Case, or you did not get a personal hearing
that you requested. You can also file a motion to vacate any part of this
decision on the basis that the Board allowed benefits based on false or
fraudulent evidence. Send this motion to the address above for the
Director, Management and Administration, at the Board. Remember, the Board
places no time limit on filing a motion to vacate, and you can do this at
any time. However, if you also plan to appeal this decision to the Court,
you must file your motion within 120 days from the date of this decision.
How do I file a motion to revise the Board's decision on the basis of clear
and unmistakable error? You can file a motion asking that the Board revise
this decision if you believe that the decision is based on "clear and
unmistakable error" (CUE). Send this motion to the address above for the
Director, Management and Administration, at the Board. You should be
careful when preparing such a motion because it must meet specific
requirements, and the Board will not review a final decision on this basis
more than once. You should carefully review the Board's Rules of Practice
on CUE, 38 C.F.R. 20.1400 -- 20.1411, and seek help from a qualified
representative before filing such a motion. See discussion on
representation below. Remember, the Board places no time limit on filing a
CUE review motion, and you can do this at any time.
How do I reopen my claim? You can ask your local VA office to reopen your
claim by simply sending them a statement indicating that you want to reopen
your claim. However, to be successful in reopening your claim, you must
submit new and material evidence to that office. See 38 C.F.R. 3.156(a).
Can someone represent me in my appeal? Yes. You can always represent
yourself in any claim before VA, including the BVA, but you can also
appoint someone to represent you. An accredited representative of a
recognized service organization may represent you free of charge. VA
approves these organizations to help veterans, service members, and
dependents prepare their claims and present them to VA. An accredited
representative works for the service organization and knows how to prepare
and present claims. You can find a listing of these organizations on the
Internet at: www.va.gov/vso. You can also choose to be represented by a
private attorney or by an "agent." (An agent is a person who is not a
lawyer, but is specially accredited by VA.)
If you want someone to represent you before the Court, rather than before
VA, then you can get information on how to do so by writing directly to the
Court. Upon request, the Court will provide you with a state-by-state
listing of persons admitted to practice before the Court who have indicated
their availability to represent appellants. This information is also
provided on the Court's website at www.vetapp.uscourts.gov.
Do I have to pay an attorney or agent to represent me? Except for a claim
involving a home or small business VA loan under Chapter 37 of title 38,
United States Code, attorneys or agents cannot charge you a fee or accept
payment for services they provide before the date BVA makes a final
decision on your appeal. If you hire an attorney or accredited agent within
1 year of a final BVA decision, then the attorney or agent is allowed to
charge you a fee for representing you before VA in most situations. An
attorney can also charge you for representing you before the Court. VA
cannot pay fees of attorneys or agents.
Fee for VA home and small business loan cases: An attorney or agent may
charge you a reasonable fee for services involving a VA home loan or small
business loan. For more information, read section 5904, title 38, United
States Code.
In all cases, a copy of any fee agreement between you and an attorney or
accredited agent must be sent to:
Office of the Senior Deputy Vice Chairman (012)
Board of Veterans' Appeals
810 Vermont Avenue, NW
Washington, DC 20420
The Board may decide, on its own, to review a fee agreement for
reasonableness, or you or your attorney or agent can file a motion asking
the Board to do so. Send such a motion to the address above for the Office
of the Senior Deputy Vice Chairman at the Board.
VA
FORM
JUN
2003
(RS)
4597
Page
2


PARK CITY, UTAH: Of all the tidbits shared by Clea DuVall — the beloved indie actor turned writer/director — at the Sundance Film Festival premiere of her debut feature The Intervention, the least surprising was how many of the people she cast as her friends in the movie are her real friends, in real life. “Melanie [Lynskey] and Natasha [Lyonne] are my oldest friends, and Melanie was very much my muse for this character,” she said, “and I really gave the character over to her, because it was very inspired by her and anything she could do with it was so much better than anything I could ever imagine.” That spirit of generosity, of creating roles for her actor friends and giving them the opportunity to really show what they could do, is all over The Intervention; it’s a movie full of duets and group scenes that play like improvisations or acting exercises (in the best possibly way, please don’t let those phrases scare you off). As a result, it contains some of the most full-bodied work to date from some of your favorite character actors.

It’s a story of four couples spending a weekend at a vacation home, and yes, the Big Chill echoes are intended. The focus of the weekend is a longtime-married-with-children couple (Cobie Smulders and Vincent Piazza) who are one of those pairs — you probably know one too — whose relationship has become defined by their constant fighting and insults. Annie (Lynskey) believes its is the others’ duty, as friends, to sit these two down for a “marriage intervention” — to make it clear that they’re miserable, that they’re making everyone else miserable, and that the only sensible thing to do is to end the marriage. But over the course of the weekend, it becomes clear that everyone has hidden vices and little secrets, and that none are exactly involved in models of healthy relationships.

Clea DuVall, Melanie Lynskey, Ben Schwartz, Jason Ritter, and Natasha Lyonne at the Sundance Film Festival premiere of “The Intervention.”Photo Credit: Jason Bailey / Flavorwire

Comedy like this is all about characters, so the opening scenes are a bit on the bumpy side — understandably, as we’re getting to know these people and how they interact. But once these people are established, it’s just pinball; DuVall proves an adroit writer/director, creating durable group dynamics, situating and triangulating these characters off each other. It’s a very funny movie — one of the funniest I’ve seen at this Sundance — without stooping to cheap or obvious laughs. The wit is sly, the laughs rooted in character and behavior rather than easy punch lines. It’s seriously funny; there’s real stuff under these comic constructions, real pain and heartbreak and fear, and DuVall pulls in and out of those serious turns with ease.

And that width allows her actors to really show their stuff. Smulders was something of a breakout star of Sundance 2015, thanks to her nuanced turns in Results and Unexpected; here, she takes what could’ve been a one-note character and finds the desperation and hopelessness that propels her. Piazza doesn’t shy away from his character’s ugliness, but manages to neatly reveal what made him attractive in the first place. Ben Schwartz plays the pain of his character without overplaying it, and easily doubles the intensity of his laugh lines through the split-second precision of his comic timing. Jason Ritter has sort of made a specialty of playing charismatic nice guys, and fills that role here nicely. Alia Shawkat (also very good in the very different Green Room), is the outsider, breezing into the house like a lit firecracker, and it’s fun to watch her go off. DuVall is something of the anchor for the picture, onscreen and off, and grounds it well. Lyonne is sort of underused, but that’s pretty much always the way it goes.

Clea DuVall introduces “The Intervention” at the Sundance Film Festival.Photo credit: Jason Bailey / Flavorwire

The MVP, however, is Lynskey, who’s been doing great work in indie and mainstream movies for two decades now. But she’s rarely had the chance to be as full-on funny as she is here, whether scolding her friend’s too-young, too-sexy girlfriend that “no one loves a Jolene” or looking over the wreckage of their efforts and shrugging, “This is kinda the worst-case scenario right now, huh?”

In the post-screening Q&A, DuVall confirmed that she had indeed been involved in a real-life intervention, with similar results: “It was unsuccessful.” But the film was less inspired by that experience than a product of “really loving the process of filmmaking, and working with actors, and really just wanting to have a bigger piece of the puzzle.” And she didn’t do so on a lark. “I’ve been an actor for 20 years, and I wanted to be a writer before I even wanted to be an actor,” she explained. “I started writing about ten years ago, and then wrote this script, and this was the first script that I really wanted to try and get produced. But I wanted to someone else to direct it, because I was nervous about acting and directing at the same time.”

She needn’t have worried. Sure, there are some first-timer fumbles; an overly tidy ending, for one, and a soundtrack that does too much of the heavy lifting (often rather clumsily). But she’s got real wit and a good eye, and most of all, the kind of affection for actors that allows them to do their best work. DuVall’s got enough credits to have continued in her character actor/scene-stealer vein for years, popping in to films and television shows like a gunslinger, doing her work and then moving on quickly. Instead, she’s begun what may prove to be a very interesting second act.

The Intervention is playing this week at the Sundance Film Festival.


Type I interferon signature in Sjögren's syndrome: pathophysiological and clinical implications.
Type I interferons (IFN) have long been recognised as mediators of innate immune defense mechanisms against viral threats. Robust evidence over the last 15 years revealed their significant role in the pathogenesis of systemic autoimmune diseases, including systemic lupus erythematosus (SLE) and Sjögren's syndrome (SS). Despite the progress, methods of detection, initial triggers, biological functions and clinical associations in the setting of autoimmunity remain to be fully clarified. As therapeutic options for SS are currently limited, neutralising specific targets of the type I IFN pathway seems a promising option. In this review we summarise the current evidence regarding the role of type I IFN in SS.