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Soldiers return from the frontlines to face war with VA
By Sheldon Traver
from WillametteLive, Section News
Posted on Tue Jun 30, 2009 at 08:45:07 PM PDT

This year marks a milestone for the Oregon Army National Guard.

More than 3,000 soldiers have already left or are preparing for deployment to Iraq in 2009. It will be the largest deployment for the Oregon Army National Guard since World War II.

However, questions have recently been raised about the care veterans receive upon their return from war. Some Oregon weekend warriors are finding a Department of Veterans Affairs that is unwilling or unable to care for the long-term physical and mental disabilities they are now facing.

With little outside help, some have given up the fight and others continue to struggle for the benefits they say they deserve.

The Veterans Affairs office in Portland disputes these claims, saying it is doing more for veterans now than any time in the past, and points to increased services and a new processing facility in Hillsboro that has prepared the federal agency to aid all returning veterans.

Todd Marcus

In November 2006, then-23-year-old Army specialist Todd Marcus was on patrol in a small Afghan village outside of Kabul.

He carried his M-16 barrel down with his finger just inside the trigger housing. He sweltered under more than 50 pounds of combat gear, including body armor and a Kevlar helmet. Beads of perspiration trickled down to the palms of his gloved hands. Even with the fingertips cut off, the salty runoff made the cuts in his hands sting and itch.

Approximately 100 meters to his left, Marcus saw an Afghan police officer walking a few meters behind another police officer in patrol formation. The officer looked nervous as he scanned the rooftops, looking for those who might intend to kill him. Each little boy, each expectant mother could have been a suicide bomber, paid or extorted by insurgents to end their lives in a desperate bid to feed their families.

Suddenly, a bright flash of light filled Marcus’ peripheral vision, followed by a percussion of hot wind that knocked him aside. His sunglasses flew off and the smell of cordite wafted through the air with a cloud of concrete and dust. He looked toward the ground where the blast originated. The Afghan police officer that was walking just yards from him lay in a pool of blood along with two other officers. An improvised explosive device planted inside the corner of a bullet-riddled concrete home had taken their lives.

Once the carnage and chaos was over, all Marcus could do was cry.

Although it was the only combat action he saw, Marcus said he was severely wounded, not medically, but mentally. However, the same government that agreed to send hundreds of thousands to war is failing to provide veterans like Marcus with proper care upon their return.

Lack of funding, personnel, and an overtaxed veterans administrative system has left many without the care they were promised, according to a 2006 report by the General Accounting Office.

“(The) VA does not know the number of veterans it now treats for PTSD,” and more significantly, the “VA will be unable to estimate its capacity for treating additional veterans... and therefore, unable to plan for an increase in demand for these services,” it said in the report. Additionally, outdated procedures and processes have slowed ability to process veterans' benefits significantly, said Troy Spurlock, a veteran who has dealt with the Veterans Benefits Administration for himself and others.

Marcus, whose name has been changed for fear of reprisal from his former military leaders, sat in a worn easy chair in his Salem studio apartment sucking on his third Marlboro in less than 20 minutes and nervously twirling an ink pen from Salem Hospital. A tall bottle of a generic prescription antidepressant sat on the end table he crafted out of leftover two-by-fours from a fencing project he worked last year. The shades were pulled and the glimmer from his lamp highlighted beads of perspiration on his forehead in the warm room.

“Before I left, I never smoked, not once,” he said, as he took another long drag, letting the smoke linger in his mouth before letting it loose with a slow exhale. “There were a lot of things I didn’t do,” he said. “That tour f***ed me up. When I got back, they expected me to return to life like it was before. No s***, like nothing had ever changed.”

Things had changed for Marcus, who said he couldn’t manage to keep his job as a welder because he would get sudden flashbacks to that one day in the Afghan village.

Change had also occurred for his 26-year-old wife, whom he said left him shortly after he returned, adding additional stress for the veteran to overcome.

“I’m the one who drove her away,” Marcus admitted, wiping away several tears. “I would yell at her constantly. I hit her. I was never, never like this before I went to Afghanistan, never.”

In 2008, Marcus called and made his first appointment with a Veterans Affairs specialist. It took months to get the initial appointment with the compensation and pension specialists and months more for the VBA to make a decision on his claim. His claim for benefits and treatment for post-traumatic stress disorder was denied.

“They said I was faking it,” he said. “Wel,l f*** them. If they can’t look me in the eye and see that I’m f***ed up, I don’t know what to do.”

Troy Spurlock

Spurlock, a Newberg resident and employee with the Yamhill County Sheriff’s Office knows the struggles veterans face as they attempt to get the care to which they believe they are entitled. As a military police officer and a private during the first Gulf War, he was exposed to unidentified chemicals that caused fibromyalgia.

He also has a host of other ailments, injuries and post-traumatic stress requiring ongoing care. Additionally, he was systematically harassed and threatened by soldiers in his own unit.

However, unlike Marcus, he fought the system and has seen some, though not total, success serving as his own advocate.

“As soon as I got out I started the process,” Spurlock said. “I immediately realized that it’s a typical government bureaucratic process that acts much like an insurance company does. When you do finally get to see someone, you get a quick five-minute 'Hi, how are you, what’s your claim and thank you I’ll read your file.' You really have to jump through hoops to substantiate your claim.

“It’s not an adequate medical exam and doesn’t even touch the complexities of issues soldiers go through,” he added.

Veterans Affairs

The Department of Veterans Affairs is divided into three unique parts: the National Cemetery Division, the Veterans Hospital Administration (VHA) and the Veterans Benefits Administration (VBA).

Portland VHA spokesman Mike McAleer works with Oregon’s returning soldiers who return from deployments overseas. He said more is being done now to help soldiers reintegrate and get the benefits they need than any time in the past.

“We send folks to where the soldiers are,” McAleer said. “We provide them with information for enrollment and try to get them into the medical system. We also try to get them information about the services we provide. We want them to be successful when they enter the civilian-warrior portion of their lives.”

There are currently more than 330,000 vets eligible for medical benefits in Oregon, although McAleer said only one-third are taking advantage of them. Oregon Guard men and women returning from active duty are entitled to full medical coverage for five years, including mental health services.

Returning veterans need to sign up, even if they aren’t ready to file a claim,” McAleer said. “They can even do it online. It will streamline the process when they are ready to file a claim."

To file a claim, there are many hands in the process. Veterans can file medical disability claims themselves or with the help of a specialist. The claim is filed through the VBA. If accepted, a new compensation and pension processing center in Hillsboro conducts medical and psychiatric exams. More than 1,000 requests for examination from the VBA are processed at the Hillsboro facility.

“This is where we compile information and send it to the VBA for processing,” McAleer said. “I think we’re doing a good job of reaching out to veterans and want to do more to help them.”

Once exams are complete, the files return to the Veterans Benefits Administration for further processing.

“Our organization has established a strategic goal of completing a claim in 125 days,” said Lisa Pozzebon, Assistant Director of the VA Regional Office in Portland. “Currently we have an average of 146 days.”

Claims that require a highly specialized exam or ones in the appeals process take longer, she said.

Tim Wehr

Spurlock spends part of his off time trying to reach veterans and help them navigate the stormy VA paperwork waters. His MySpace web site, www.myspace.com/support4veterans, has links to nonprofits working to help vets. Additionally, he has made it his mission to help his colleague, Tim Wehr of Sheridan, receive benefits he initially applied for in 1970 after returning from Vietnam with a purple heart, bronze star and many other decorations and awards.

Wehr currently receives a small amount of money as disability payments for an injury to his ear and PTSD. The Yamhill County Sheriff’s deputy said he still has flashbacks, especially when he hears a helicopter. He said he used to compulsively drop and roll any time he heard a helicopter, but recently was able to overcome this behavior.

Most of his military and medical records were lost in a 1972 fire that destroyed a federal records building and left many vets unable to prove their service and disabilities. He reapplied for benefits in the early 1980s, this time for skin conditions, which later included skin cancer related to exposure to Agent Orange, an herbicide used extensively during the Vietnam War. While his claim for PTSD and hearing problems was accepted, it was denied for his chloracne (Agent Orange-related skin condition) and a knee injury. He gave up trying - until he met Spurlock through a mutual friend.

In 2007, Spurlock was given the power of attorney for Wehr’s VA claims. Spurlock has managed to pull together many of Wehr’s old records to justify claims; however, both men feel the VBA is impeding their efforts. Several of the letters to and from the VBA regarding Wehr’s claims are available at www.WillametteLive.com.

Veterans Service Center manager Kevin Kalama said claims for conditions related to Agent Orange exposure don’t require the same level of documentation as other service-related disabilities.

“We will presume he was exposed to Agent Orange because of where he was in Vietnam during that time,” he said. “If we can find a record that he stepped foot in Vietnam during that time period, it is presumed he had exposure.” Wehr said this has not been true with his case.

The most recent denial came when the VA claimed that Spurlock’s power of attorney privileges had ended, despite no paperwork showing a POA is appointed for a limited time.

“The VA is continuing to stonewall my claims any and every chance it gets without clear and legal justification,” Wehr said in a letter to the Veterans Affairs office in Portland dated June 15, 2009. “Meanwhile, I will be preparing to submit my entire file to Senator Wyden’s office and request a congressional investigation into this utter lack of professionalism and lack of attention to detail in this matter.”

Protecting Yourself

With the current deployments, Spurlock said troops need to take steps while in Iraq to reduce problems later.

“Keep a copy of all of your medical records,” he advised. “Any time you see a doctor for anything, you need to keep that. Don’t wait too long... and don’t be dismayed by any instant denial. That is just routine.”

Veterans should also research their own medical conditions and have the information on hand when talking to the VA.

“The biggest thing is not to give up,” Spurlock emphasized. “They will try to wear you down, but don’t let them.”

Making sure all medical records are available is crucial to avoid delays, McAleer acknowledged. Currently the VA is working with the Department of Defense for access to medical and personnel records. He said this will help veterans and the VBA to process claims more efficiently.

Although he couldn’t speak about any individual cases, he said Marcus must make every effort to go to a clinic and get screened for PTSD and any other ailments.

“We have a clinic in Salem,” he said. “We are trying to make it as easy as possible for our veterans to get the help and services they need.”

One of the biggest pieces of advice that was offered by McAleer is to file all the known claims at one time.

“The process can be really frustrating if you are doing it in bits and pieces,” he said.

He added that veterans should keep a call list of people they served with to verify claims if needed.

Despite efforts to treat returning troops, one thing is certain: many of these complexities are leading to tragic endings.

In 2008, the Army reported nearly 150 suicides within its ranks. Every military branch except the Coast Guard has seen an increase in suicide rates. However, steps are being taken to curb the rise.

Both the Joshua Omvig Suicide Prevention Act, increasing mental-health assessments, and the Wounded Warriors Act, designed to help soldiers transitioning from active-duty to veteran status, are intended to aid active duty and returning soldiers. Studies are under way at the Madigan Army Medical Center near Fort Lewis, Wash., to assist in this effort.

This is little consolation for veterans who don’t have a desire to kill themselves, but simply want care for physical and mental injuries and benefits they were promised upon enlistment.

Marcus said his experience with the VA has left him soured and he doesn’t have any immediate plans to return. He admits he occasionally daydreams about refilling his antidepressants and taking them in a one-night alcohol-induced party for one.

He said he won’t do it, because “God doesn’t accept cowards who take the easy way out.”

In the back of his mind, he believes he’ll get help one day, or simply be cured by a miracle.

“I don’t know what may change, tomorrow or next year,” he said. “F*** the VA. I don’t need 'em. One of these days I’ll get my head straight and have a family. It’ll all be good.”

Read Tim Weir's VA correspondence




OR legislature fails National Guard as they deploy (#1)
by Anonymous on Tue Jun 30, 2009 at 10:36:34 PM PDT
Legislature cuts National Guard Budget by more than 16% and also cuts their family emergency fund 50% of requested amount. See our Press release: http://oregonwarvets.typepad.com/owva_blog/2009/06/oregon-legislature-cuts-national-guard-budget-whi le-troops-deploy.html

VA in Crisis (#2)
by Anonymous on Wed Jul 01, 2009 at 05:01:02 AM PDT
The article claims, "VA does not know the number of veterans it now treats for PTSD [post traumatic stress disorder]." In fact, VHA diagnosed and treated 115,000 Iraq and Afghanistan war veterans as of December 2008. However, VBA only provided disability benefits to 51,000 of those same veterans as of January 2009. This shocking disparity is what VA does not want veterans to know. The facts show VBA fights hard against veterans diagnosed with PTSD. To learn more about how VHA and VBA often fight against veterans, please read about the lawsuit filed by veterans at www.veteransptsdclassaction.org. You can also learn more by visiting Veterans for Common Sense, one of the plaintiff organizations involved in the lawsuit. Finally, veterans, families, and supporters should contact their Congressman and urge them to co-sponsor HR 952, a bill designed to streamline PTSD claims. The House Veterans' Affairs Committee unanimously passed the bill out of committee in June 2009. Now we are waiting for the full House and Senate to approve the bill. Paul Sullivan Executive Director Veterans for Common Sense Washington, DC 20013 (202) 558-4553 www.veteransforcommonsense.org

PTSD (#3)
by Anonymous on Wed Jul 01, 2009 at 06:01:08 AM PDT
With many veterans having PTSD form their service in the combat zone the VA takes great pain is not doing the veterans claim for PTSD right. The National Gulf War Resource Center (NGWRC) has a self-help guide for the veteran to use in his fight. The link is: http://www.ngwrc.org/ptsd.php We also have information for other illness veterans have.

Free Legal Help for OIF/OEF veterans (#4)
by Anonymous on Wed Jul 01, 2009 at 11:48:20 AM PDT
Organized by the National Veterans Legal Services Program (NVLSP), Lawyers Serving Warriors <sup>TM</sup> offers free legal help to active duty personnel who served in Iraq or Afghanistan and are facing administrative separation, or going through a mental or physical evaluation board. They also help Iraq and Afghanistan veterans who have received an inappropriate discharge or disability rating, or are having difficulty with a claim with the VA for disability compensation, or a claim for Traumatic Servicemembers Group Life Insurance benefits. With several cases already under way, Lawyers Serving Warriors <sup>TM</sup> is planning to amplify its efforts over the next year and expects to assign hundreds of cases to attorneys from high-dollar law firms wanting to help for free. The VA takes an average of 177 days to decide a benefits claim. But if the claim is initially denied and the veteran appeals, it can take years to resolve the appeal. Meanwhile, the veteran waits, without benefits. In February 2008, the U.S. Government Accountability Office reported about 392,000 claims were pending before the VA. "Lawyers Serving Warriors <sup>TM</sup> is designed to ensure that our nation keeps its pact to care for its active duty personnel and veterans when they are injured and disabled due to their military service in Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF)," said Bart Stichman, co-executive director of NVLSP. "A wounded service member being evaluated through a mental or physical evaluation board will be well-served by having an attorney at his or her side who can advocate for healthcare and monetary benefits." In several cases, noted Stichman, he has been contacted by OEF/OIF veterans with post traumatic stress disorder (PTSD) who have been administratively separated from the military, instead of being treated for PTSD. This means they receive no military disability benefits, and no military healthcare for the rest of their lives. "In effect, these veterans are being kicked to the curb and abandoned by the country they swore an oath to protect and defend. That is unconscionable and unacceptable," said Stichman. One in five veterans returning from Iraq and Afghanistan suffer from PTSD or major depression, according to a study by the RAND Corporation announced in April 2008. With 20 percent of our returning military service members affected, that amounts to 300,000 people needing help, yet only a little more than half have sought treatment. OIF and OEF veterans seeking help from Lawyers Serving Warriors <sup>TM</sup> are urged to visit the website at www.lawyersservingwarriors.org and submit information through the "Request Free Legal Help" button on the left side of the screen. More information is available at www.lawyersservingwarriors.org

Hillsboro Center (#5)
by Anonymous on Wed Jul 01, 2009 at 09:48:09 PM PDT
I drove ass all the way out to that center and back. Not a very convenient location for most vets who live no where near it and are already suffering with physical and mental issues. The VA is full of it, and we're gonna have to raise some serious hell to change things.

No Different With The VA Anywhere (#6)
by Anonymous on Thu Jul 02, 2009 at 10:49:02 AM PDT
The Oakland Regional VA Office is at least as much a disgrace as Portland, which in reality, exists throughout the total unresponsive bureaucracy. As a retired Congressional caseworker with years of experience working to assist those who were eligible and deserving of benefits, on Veterans Day, Nov. 11,2008, my two tour Vietnam retired Air Force veteran spouse, was diagnosed with metastatic lung cancer, a condition considered "presumptive" for disability benefits because of exposure to Agent Orange. I filed a new case as required on December 23, 2008 that was by definition "fully developed," with all required information showing the diagnosis and the evidence of "boots on the ground" in Vietnam. His retirement orders alone, refiled as a requirement for original documents and had been previously on file for another case with established service connected disabilities since 1992, showed his last re-enlistment to have been at Cam Ranh Bay and for that period alone service of 313 days in Vietnam though his medical records also on file since 1992 showed treatment at Na Trang, RVN on the first tour in 1965/1966. Even still, though his condition is now terminal and metastasis to the brain and spine, though he remains in treatment, not by the VA, but through Medi-Care and Tri-Care-For-Life benefits based on age and his retired status, though the U.C. Davis Medical System and Cancer Center, he is also no longer able to care for himself alone and I am his sole care giver at age 74. Because of the lack of a disability decision, additional care by the VA to assist me remains denied. Maybe some one somewhere could explain the need for a "lung function" test for a man who is terminal with lung cancer as that is what the Oakland office demanded, though the VA doctor who received the results could not. Little more than a waste of recourses in both time and effort, but even still more than 6 months from the filing of a "presumptive" and "fully developed" case the Oakland Regional Office has not made a decision and continues to demand a terminally ill man respond by explaining after flying for two years in Vietnam on cargo aircraft and then after those two years returning to fly as a flight engineer on both 141s and C-5s back in country for almost 5 more years, a requirement, he is mentally unable to complete, explaining how he might have been exposed to Agent Orange, a condition that by law is considered to be "presumptive." The unfortunate reality is the VA now admits to being near 1 million disability claims and appeals that are unanswered. The response by the Obama Administration and the Congress, is within the next two years there is hope for improvement. The service connection still "pending" for my husband's case, may well leave me without the DIC for which I am eligible for years as well, until the disability decision is made even following his death, I can't apply for the DIC. While my husband has had excellent medical care, in the end I can only offer sympathy for those who currently serve or have served in the two on-going wars who have no other method of acquiring health care other than through the Department of Veterans Affairs. Then over the years of my experience, though much of my years as a caseworker didn't include the levels of warfare currently in progress, in Administration after Administration, while "support the troops" remains the mantra, such efforts only appear to be while their warm bodies remain healthy enough to send back over and over again to combat zones, but they are quickly ignored and/or forgotten once they are no longer "world wide eligible" for further service though denial of PTSD does cause some to be returned even though they are not mentally healthy. I suspect my story is shared by many of those who chose to serve and are among those like my spouse. In conclusion, I, like those I worked with in the position of a caseworker for a long time CA Member of Congress, did ask for assistance from my M.C., but with little being provided though the constitutent services of that M.C. and the Congressional Liaison at the Oakland Regional VA Office. The system remains a severely unresponsive one with little hope for "change."

OREGON NATIONAL GUARDS (#7)
by Anonymous on Sat Jul 04, 2009 at 06:39:40 AM PDT
The facts are true - they do NOT care for their own. My son was just held back from going over, due to an injured right hand (suffered over 3 years ago while in combat training in Yakima). The Or. National Guards chose to ignore this and thought he was faking it, even though this is his dominant hand and he is a gunner! Finally, he tried to get permission from the ONG superiors to take time out of one day to see a private physician for this injury which they refused. He went against what was dictated by the Guards superiors - to NOT do - and took the day (which they would not allow, thus terming it AWOL), so he could see an independent surgeon. The CT scans,and all the tests and charges, etc., were automatically taken out of his Guard pay! (Over $4000), which if any of you know, is NEVER that much pay that they receive - EVER! The military refused to pay for any of the charges nor would they do anything prior to this at the VA, and he was charged with going AWOL as a result. Treatment toward him by his superiors has been absolute intolerance. As mentioned, all the promises made to these men and women prior to enlistment are lies out of the pit! He has had to be his own advocate - and if he had not done this, there would have been no way for self defense over in the war zone due to this injury. Our government is really broken, as are the ones representing us that we voted into office.

Response to #6 (#8)
by Anonymous on Sat Jul 04, 2009 at 07:12:07 AM PDT
I cannot fathom what you have been experiencing throughout this horrible ordeal. I am the one who wrote Comment #7, and can understand only a tiny bit of the frustration you have been, and are having. I can only hope that somehow these situations will be cared for - but of course am a hopeless optimistic thinker too. It appears that the only way any of these things will change with the VA and military is to have someone in Congress in DC experience a loved one who has met with a mental or physical challenge as a result of the war before it will change. molleenme3@gmail.com

Contact Information (#9)
by Anonymous on Tue Jul 07, 2009 at 06:23:51 PM PDT
This is Troy Spurlock, and any veteran wishing to talk more about the VA and understanding the compensation and pension process for disability claims, feel free to email me at "gulfwar_veteran@verizon.net" It is my intention to help any and all veterans with the information I, like many veterans before and after me, never get from the VA or others, in order to understand and navigate the claims process. You can also check for updates and helpful links and other information at my MySpace page listed in the article above. Thank you all for your service; and thank you Salem Monthly and Mr. Traver for working on and printing this news story.

Fabrications of the truth (#10)
by Anonymous on Thu Jul 09, 2009 at 06:44:40 PM PDT
Troy Spurlock here...regarding this statement in the article: ""Our organization has established a strategic goal of completing a claim in 125 days," said Lisa Pozzebon, Assistant Director of the VA Regional Office in Portland. "Currently we have an average of 146 days."" This is COMPLETELY FALSE! I took over Mr. Wehr's case in December 2007, and here it is July 2009 and we are still getting unjustified, unsubstantiated, and legally unsupported runarounds in delaying the process of his claim(s). The VA only tells the GAO, GOP and veterans and their families what they want to hear, not what is really happening behind closed doors. That is the truth, and the truth is an affirmative defense.

SUCCESS (#11)
by Anonymous on Mon Dec 21, 2009 at 11:20:54 AM PDT
The VA has finally ruled in Tim's favor increasing his PTSD rating. Now we're waiting for the VA's Statement of the Case on the other two conditions. As usual, it's a hurry up and wait game.

VA Committing Insurance Fraud Against Veterans (#12)
by Anonymous on Fri Jul 30, 2010 at 10:25:11 PM PDT
Despite Obama rescinding the proposal to charge veterans' private insurance for service-connected injuries in May 2009, the VA is doing it anyway. July 30, 2010 By: Troy Spurlock Early May 2009, President Obama proposed that the federal government, via the Department of Veterans Affairs Health Administration, begin charging veterans private health insurance for service-connected injuries. In immediate response a hailstorm rained down upon the Obama Administration from veterans across the country, to include veteran groups and organizations; not to mention members of Congress like Senator Patty Murray, D-Washington, said that such a proposal would be "dead on arrival" if it were sent to Congress. As a result of this hailstorm of immediate and intense criticism for such an asinine and unpatriotic proposal stabbing veterans in the back, Obama rescinded this proposal. So it seemed all was well and veterans health care would continue to be taken care of, cost free to the veteran, for service-connected injuries. Well, so we veterans thought. As a 100% Permanent and Total service-connected Desert Shield/Storm veteran seeking treatment from the Department of Veterans Affairs Health Administration in Portland, Oregon for those service-connected ailments; I just learned that the VA has been charging my private health insurance company for visits dating back to July 2009 to present to a tune of $5,618.76. These charges are unsubstantiated and tantamount to insurance fraud on the part of the Department of Veterans Affairs, Portland Oregon Medical Center. Despite the POTUS declaring this proposal to charge veterans' private insurance company for service-connected injuries would not be pursued, it's patently clear that it is done. If it has happened to me since July 2009, just months after this declared rescission, there is no question it has happened to other veterans. I highly encourage every veteran who has been granted a service-connected disability rating for a condition for which the VA has been billing their private insurance company, to advise their insurance company immediately that the VA is not entitled to such claims and seek reimbursement of those paid funds. In addition to contacting their insurance company, they should contact the VA medical center they have been seeking treatment from for those service-connected disabilities and demand they reimburse their insurance company of funds that they were not entitled to. Moreover, I would recommend that each veteran write a letter to the editor of his or her newspaper - and contact your local media outlets - announcing this unpatriotic insurance fraud on the part of the Department of Veterans Affairs.


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