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Posted on December 29, 2018 by BNG
Back disability, to include lumbar strain (LS) and (DDD) with radiculopathy [DENIED]; lumbar radiculopathy of the lower left/right extremity [GRANTED]; (TDIU) [REMANDED] Citation Nr: 18132241
DATE:	September 6, 2018
An initial increased rating for a back disability, to include lumbar strain (LS) and degenerative disc disease (DDD) with radiculopathy, in excess of 10 percent prior to December 25, 2013, and in excess of 40 percent thereafter, is denied.
A separate compensable rating for lumbar radiculopathy of the lower left extremity is granted.
A separate compensable rating for lumbar radiculopathy of the lower right extremity is granted.
Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.
1. Prior to December 25, 2013, the Veteran's back disability manifested by forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees and combined range of motion greater than 120 degrees but not greater than 235 degrees with no evidence of abnormal gait, guarding, muscle spasm, vertebral body fracture, scoliosis, reversed lordosis, or abnormal kyphosis, or ankylosis.
2. Since December 25, 2013, the Veteran has been able to move his spine and has not had ankylosis.
3. Since February 3, 2014, the Veteran has had left lower extremity lumbar radiculopathy approximating moderate incomplete paralysis of the sciatic nerve.
4. Since February 3, 2014, the Veteran has had right lower extremity lumbar radiculopathy approximating moderate incomplete paralysis of the sciatic nerve.
5. During the entire period on appeal, the Veteran has not been prescribed any bed rest to treat his low back.
1. Prior to December 25, 2013, the criteria for a disability rating in excess of 10 percent for a back disability have not been met.  38 U.S.C. §§ 1155, 5107 (2012); 38 C.F.R. §§ 3.102, 3.310, 4.3, 4.7, 4.10, 4.40, 4.45, 4.59, 4.71a, Diagnostic Code (DC) 5237 (2017).
2. Since December 25, 2013, the criteria for a disability rating in excess of 40 percent for a back disability have not been met.  38 U.S.C. §§ 1155, 5107 (2012); 38 C.F.R. §§ 3.102, 3.310, 4.3, 4.7, 4.10, 4.40, 4.45, 4.59, 4.71a, DC 5237 (2017).
3. Since February 3, 2014, the criteria for a separate disability rating of 20 percent for lumbar radiculopathy of the left lower extremity have been met.  38 U.S.C. §§ 1155, 5107 (2012); 38 C.F.R. §§ 3.102, 3.310, 3.321, 4.1, 4.3, 4.7, 4.40, 4.45, 4.59, 4.124a, DC 8520 (2017).
4. Since February 3, 2014, the criteria for a separate disability rating of 20 percent for lumbar radiculopathy of the right lower extremity have been met.  38 U.S.C. §§ 1155, 5107 (2012); 38 C.F.R. §§ 3.102, 3.310, 3.321, 4.1, 4.3, 4.7, 4.40, 4.45, 4.59, 4.124a, DC 8520 (2017).
The Veteran served on active duty from June 1982 to November 1991.
This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  The Board remanded the issue in February 2018.
The record reflects that the Veteran may be unable to secure and follow substantially gainful employment due to his service-connected disabilities.  Because a TDIU rating is inherent in any claim for an increased rating, it has been added as an issue on the title page.  See Rice v. Shinseki, 22 Vet. App. 447 (2009).
The Board notes that the Veteran's nonservice-connected DDD is also a disability of service origin, in that the June 2018 VA and December 2017 private opinions inextricably link the Veteran's service-connected LS and nonservice-connected DDD by determining that the Veteran's symptoms cannot be separated.  On evaluating the condition of a service-connected disability, if it is not possible to separate the effects of a service-connected condition from that of a nonservice-connected condition, then 38 C.F.R. § 3.102 requires that reasonable doubt be resolved in the Veteran's favor; that is, any such ambiguity as to the origin of such signs and symptoms shall be attributed to the service-connected disability.  Mittleider v. West, 11 Vet. App. 181, 182 (1998).  Thus, if any symptoms cannot be distinguished as between service-connected and nonservice-connected symptomatology, the Board will consider both as service-connected disability. Id.  As such, resolving any doubt in the Veteran's favor, the Board finds that the all relevant signs and symptoms will be attributed to his LS and DDD and will address the disability as a single back disability which encompasses both diagnoses.  See 38 C.F.R. § 3.310.
1. Back disability
The Veteran's back disability has been evaluated by the RO as 10 percent disabling prior to December 25, 2013 and 40 percent disabling thereafter under 38 C.F.R. § 4.71a, DC 5237.  The Veteran seeks an increased rating.
Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities (Rating Schedule).  38 C.F.R. Part 4.  The Rating Schedule is primarily a guide in the evaluation of disabilities resulting from all types of diseases and injuries encountered as a result of or incident to military service.  The ratings are intended to compensate, as far as can practicably be determined, the average impairment of earning capacity resulting from such diseases and injuries and their residual conditions in civilian occupations.  38 U.S.C. § 1155; 38 C.F.R. § 4.1.
Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating.  Otherwise, the lower rating will be assigned.  38 C.F.R. § 4.7.  When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant.  38 U.S.C. § 5107(b); 38 C.F.R. §§ 3.102, 4.3.
In any claim for an increased rating, "staged" ratings may be warranted where the factual findings show distinct time periods when the service-connected disability exhibits symptoms that would warrant different ratings.  Hart v. Mansfield, 21 Vet. App. 505 (2007); Fenderson v. West, 12 Vet. App. 119 (1999).
Where the appeal arises from the original assignment of a disability evaluation following an award of service connection, the severity of the disability at issue is to be considered during the entire period from the initial assignment of the disability rating to the present time.  See Fenderson v. West, 12 Vet. App. 119 (1999).
Under the General Rating Formula for Diseases and Injuries of the Spine, with or without symptoms such as pain, stiffness, or aching in the area of the spine affected by residuals of injury or disease, the following ratings will apply: a 10 percent rating is warranted for forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or, the combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees; or, muscle spasm, guarding, or localized tenderness not resulting in an abnormal gait or abnormal spinal contour; or, vertebral body fracture with loss of 50 percent or more of the height.
A 20 percent rating is warranted for forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis.
A 40 percent rating is warranted for flexion of the thoracolumbar spine 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine; a 50 percent rating requires unfavorable ankylosis of the entire thoracolumbar spine; and a 100 percent rating requires unfavorable ankylosis of the entire spine.  38 C.F.R. § 4.71a.  "Unfavorable ankylosis" is defined, in pertinent part, as "a condition in which... the entire thoracolumbar spine or the entire spine is fixed in flexion or extension[.]" See id., Note (5).
In determining the degree of limitation of motion, the provisions of 38 C.F.R. §§ 4.10, 4.40, and 4.45 are for consideration.  See DeLuca v. Brown, 8 Vet. App. 202 (1995).  The basis of disability evaluation is the ability of the body as a whole, or of the psyche, or of a system or organ of the body to function under the ordinary conditions of daily life including employment.  38 C.F.R. § 4.10.
Disability of the musculoskeletal system is primarily the inability, due to damage or infection in parts of the system, to perform the normal working movements of the body with normal excursion, strength, speed, coordination, and endurance.  Functional loss may be due to the absence or deformity of structures or other pathology, or it may be due to pain, supported by adequate pathology and evidenced by the visible behavior in undertaking the motion.  Weakness is as important as limitation of motion, and a part that becomes painful on use must be regarded as seriously disabled.  38 C.F.R. § 4.40.
With respect to joints, in particular, the factors of disability reside in reductions of normal excursion of movements in different planes.  Inquiry will be directed to more or less than normal movement, weakened movement, excess fatigability, incoordination, pain on movement, swelling, deformity or atrophy of disuse.  38 C.F.R. § 4.45.
DC 5243 provides that intervertebral disc syndrome (IVDS) is to be rated either under the General Rating Formula for Diseases and Injuries of the Spine or under the Formula for Rating IVDS Based on Incapacitating Episodes, whichever method results in the higher rating when all disabilities are combined under 38 C.F.R. § 4.25.
The Formula for Rating IVDS Based on Incapacitating Episodes provides a 20 percent disability rating for IVDS with incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months.  A 40 percent disability rating is warranted for IVDS with incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.  A 60 percent disability rating is warranted for IVDS with incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.  38 C.F.R. § 4.71a.
Note (1) to DC 5243 provides that, for purposes of ratings under DC 5243, an incapacitating episode is a period of acute signs and symptoms due to IVDS that requires bed rest prescribed by a physician and treatment by a physician.  38 C.F.R. § 4.71a.
Prior to December 25, 2013
Following a careful review of the record, the Board finds that an initial rating in excess of 10 percent prior to December 25, 2013, is not warranted.
The Veteran filed a claim for service connection for his lumbar disorder on May 20, 2010 and was granted an increase to 40 percent effective December 25, 2013.  Accordingly, the relevant time period is from May 2010 to December 2013.
The Veteran underwent a VA examination in April 2011, wherein he reported daily back pain with numbness and weakness since 1989.  He did not report flare-ups and physical exam did not show weakness or incoordination.  His range of motion, after repetitive use, showed movement with forward flexion to 78 at worst upon consideration of pain and a combined range of motion of 177 degrees.  The examiner opined that the Veteran did not have intervertebral disc syndrome (IVDS) and his lower extremity sensory functioning was normal.
As shown from the evidence above, the Board finds that a rating in excess of 10 percent is not warranted prior to December 25, 2013.  At no point prior to December 25, 2013, has the evidence shown forward flexion of the thoracolumbar spine less than 60 degrees; or, the combined range of motion of the thoracolumbar spine less than 120 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis.
In this regard, despite the Veteran's complaints of mild lower back pain with stiffness and spasms that was aggravated by bending and twisting, the providers noted the Veteran had normal strength, reflexes, and coordination and was neurologically intact with no gait problems ( December 2009, April 2011, December 2012, January 2013, April 2013, June 2013, October 2013).  Indeed, the April 2011 VA exam reflects that the Veteran had flexion to 78 degrees and a combined range of motion of 177 degrees.
Although the Veteran consistently reported lower back pain with stiffness and spasms and contends "some days" he is unable to move, such inability to move is of limited duration and is given little probative weight.  As such, an increased rating is not warranted.
The Board is aware of the recent decision in Correia v. McDonald, 28 Vet. App. 158 (2016), which held that for an examination to be adequate it should include joint testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with range of motion measurements of the opposite undamaged joint. The April 2011 VA examination did not fully comply with Correia in that the examiner did not test for pain in weightbearing and nonweight-bearing modes. However, the examiner tested for ROM in repetitive mode times five with documentation of further range of motion loss due to repetitive use; further, a remedial examination in 2018 or 2019 would be too remote to reasonably relate to the original examination in 2011.  The Board has also considered whether the recent holding in Sharp v. Shulkin, 29 Vet. App. 26 (2017), in which an examiner must provide an opinion regarding additional range of motion loss due to pain, would require a remand for a new VA examination.  However, the Veteran specifically denied any flare ups at the April 2011 VA examination and therefore, a new examination to determine the effects of flareups in 2011 when the Veteran specifically denied them, is unnecessary.
In excess of 40 percent from December 25, 2013
Following a careful review of the record, the Board finds that an initial rating in excess of 40 percent from December 25, 2013, is not warranted.
As described above, the Veteran was granted an increase to 40 percent effective December 25, 2013.
A February 2014 VA examination reflects the Veteran reported back pain since 1989 that "waxes and wanes," with more frequent flare-ups in last 10 years.  He could not "run anymore," had a "hard time" bending over and "picking things up," and recently lost his job because he "couldn't load trucks anymore."  The physical examination showed that the Veteran had flexion to 15 degrees and a combined range of motion of 110 degrees; abnormal gait; positive bilateral straight leg raise testing; and moderate radiculopathy with intermittent severe pain that lasts "about 5 minutes."
An April 2014 VA examination reflects that the Veteran reported persistent back pain with loss feeling in both legs and he used a cane to ambulate.  While the physical examination showed that the Veteran had flexion to 30 degrees and a combined range of motion of 140 degrees, the examiner noted normal bilateral lower extremity strength, reflexes, and sensation and negative straight leg testing.  There was no painful motion, guarding, atrophy, radiculopathy, ankylosis of the spine, nor did the Veteran have IVDS.
An October 2017 VA examination report shows diagnoses of chronic LS, IVDS, and moderate radiculopathy.  The Veteran reported constant lower back pain that was aggravated by bending, difficulty with ambulation, and he stopped working due to difficulty with prolonged standing due to his lower back condition.  The examiner noted that the Veteran had flexion to 30 degrees and a combined range of motion of 120 degrees, decreased bilateral lower leg sensation, and positive bilateral straight leg testing.  There was no guarding, spasms, atrophy, or ankylosis of the spine.
As described above, a December 2017 private examiner noted diagnoses of LS and lower extremity radiculopathy; complaints of low back pain since 1989; and opined that due to the direct linkage and causation of LS and Lower Extremity Radiculopathy, "no baseline or degree of aggravation can be established."
In a June 2018 addendum, the October 2017 VA examiner noted diagnoses of LS and bilateral lower extremity radiculopathy.  She opined that the Veteran's report of pain "is likely due to both conditions," "his LS likely causes aggravation of his lumbar spine DDD with radiculopathy," and "it cannot be stated without resort to mere speculation the degree of disability of his current symptoms as they are subjective and cannot be separated out as to which condition it is attributed to."
As shown from the evidence above, the Board finds that a rating in excess of 40 percent is not warranted at any time during the appeal period.  To warrant a disability rating in excess of 40 percent, the evidence should show unfavorable ankylosis of the thoracolumbar spine.  In this regard, the Board notes that the evidence of record has consistently shown, and it does not appear that the Veteran has ever claimed otherwise, that the Veteran has movement in his spine.  Because the preponderance of the evidence reflects that the Veteran is able to move his spine and does not have the functional equivalent of ankylosis, an increased rating is not warranted.
With respect to the provisions of 38 C.F.R. §§ 4.40 and 4.45, in Johnston v. Brown, 10 Vet. App. 80, 85 (1997), the Court determined that, if a claimant is already receiving the maximum disability rating available based on symptomatology that includes limitation of motion, it is not necessary to consider whether 38 C.F.R. §§ 4.40 and 4.45 are applicable.  In the instant case, the Veteran is receiving the maximum rating allowable under the current General Rating Formula for Diseases and Injuries of the Spine, absent ankylosis.  Accordingly, 38 C.F.R. §§ 4.40 and 4.45 are not for consideration for the appeal period.
The Board recognizes that a February 2014 VA lumbar disability benefits questionnaire (DBQ) notes a diagnosis of IVDS with incapacitating episodes of at least 6 weeks over the last 12 months.  However, the Board affords this opinion less probative weight as the examiner provides no rationale and the record does not show that the Veteran has been prescribed any bed rest to treat his low back during the course of his appeal.  Because the prescription of bed rest is a fundamental requirement of a rating under DC 5243, the absence of any prescribed bed rest precludes a rating from being assigned under it.  As such, a rating based on IVDS is not appropriate, and it is therefore more beneficial to evaluate the Veteran's back disability under the General Rating Formula for Diseases and Injuries of the Spine.
As for the lay assertions of record, the Board notes that the while Veteran is competent to report his lumbar symptoms, there no indication that he is competent to provide an opinion concerning causation.  See Jandreau v. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007); see also Buchanan v. Nicholson, 451 F.3d 1331, 1336 (Fed. Cir. 2006); Layno v. Brown, 6 Vet. App. 465, 470 (1994).
Finally, to the extent the VA examinations failed to comply with Correia, supra, or Sharp, supra, such non-compliance is harmless error because a higher rating is not available unless the functional equivalent of unfavorable ankylosis of the thoracolumbar spine is shown.  However, the record shows that the Veteran has retained motion in the thoracolumbar spine during the entire relevant appeal period.  As such, any failure of the VA examinations for the period after December 2013 to comply with Correia or Sharp are harmless.
In sum, the preponderance of the evidence is against an initial disability rating in excess of 40 percent from December 25, 2013 for the Veteran's service-connected lumbar strain.
2. Separate disability rating for bilateral lower extremity radiculopathy
The Veteran contends a separate compensable rating for lower extremity lumbar radiculopathy is warranted.
DC 8520 provides ratings for paralysis of the sciatic nerve.  DC 8520 provides that mild incomplete paralysis is rated 10 percent disabling; moderate incomplete paralysis is rated 20 percent disabling; moderately severe incomplete paralysis is rated 40 percent disabling; and severe incomplete paralysis, with marked muscular atrophy, is rated 60 percent disabling.  Complete paralysis of the sciatic nerve, the foot dangles and drops, no active movement possible of muscles below the knee, flexion of knee weakened or (very rarely) lost, is rated 80 percent disabling.  38 C.F.R. § 4.124a.
The term "incomplete paralysis" with this and other peripheral nerve injuries indicates a degree of lost or impaired function substantially less than the type pictured for complete paralysis given with each nerve, whether due to varied level of the nerve lesion or to partial regeneration.  When the involvement is wholly sensory, the rating should be for the mild, or at most, the moderate degree.  The ratings for the peripheral nerves are for unilateral involvement; when there is bilateral involvement, the VA adjudicator is to combine the ratings for the peripheral nerves, with application of the bilateral factor.  38 C.F.R. § 4.124a.
As shown from the evidence above, the Board finds that separate 20 percent ratings for moderate bilateral lower extremity lumbar radiculopathy is warranted.  In this regard, VA and private treatment records reflect diagnoses of bilateral lower extremity radiculopathy and complaints of lower extremity pain and numbness since 2014 (December 2009, December 2012, February 2014, April  2014, May 2014, March 2015, October 2017, December 2017, April 2018, June 2018).
The Board is cognizant that the October 2017 VA examiner opined that the Veteran's radiculopathy is less likely than not caused by or related to or a progression of the Veteran's LS.  However, the Board notes that in the June 2018 addendum the examiner opined that the Veteran's report of pain "is likely due to both conditions," "his lumbar strain likely causes aggravation of his lumbar spine DDD with radiculopathy." Since both disabilities are of service origin and therefore are considered a single lumbar spine disability for rating purposes, the opinions as a whole support a finding that the Veteran's radiculopathy is relate dto the service connected lumbar spine disability.
Further, in December 2017, Dr. F.A., opined that all the Veteran's lumbar "abnormalities were the direct result of injuries sustained while in active Army service."  In this regard, he noted that the Veteran's current lower extremity radiculopathy, "was caused by the lumbar spine sprain condition that manifested in service" and "due to the complex, severe, and progressive nature of the lumbar spine sprain injury."
Accordingly, the Board finds a separate rating of 20 percent for moderate radiculopathy of each lower extremity is warranted.
TDIU
The Board notes that the issue of entitlement to a TDIU is part of a rating issue when such issue is raised by the record during the rating period.  Rice, 22 Vet. App. 447.  The Veteran has reported that he stopped working due to back pain and difficulty with prolonged standing, as well as the inability to work with noise and crowds.  Indeed, he reported that "was released from his last job as a bus driver for disagreeing with the union representatives" in June 2015.
Moreover, a February 2014 examiner noted the Veteran had a decreased ability to lift, bend, reach, and carry; ability to interact with others due to pain and depression; and reliability as a worker.  The record shows the Veteran is currently unemployed.  The Board notes that the evidence has reasonably raised the issue of entitlement to a TDIU in conjunction with the increased rating issue decided herein; therefore, a remand for the Agency of Original Jurisdiction (AOJ) to adjudicate TDIU in the first instance.
The matter is REMANDED for the following action:
1. The AOJ should send the Veteran VCAA notice that addresses a claim for a TDIU.
2. The AOJ should obtain copies of VA treatment records for the Veteran's disabilities from June 2018 to the present.  The AOJ should ensure that the complete records of all VA evaluations and treatment the Veteran has received for his disabilities are associated with the record.
3. After all available evidence has been associated with the record, the AOJ should review the evidence and determine if further development is warranted for a TDIU.  The AOJ should take any additional development as deemed necessary.
4. After the above development has been completed, the AOJ should adjudicate the issue of entitlement to a TDIU on appeal based on all of the evidence of record.
5. If upon completion of the above action the issue is denied, the case should be returned to the Board after compliance with appellate procedures.
E. I. VELEZ
ATTORNEY FOR THE BOARD	A. Roe, Associate Counsel
Posted in Board of Veterans Appeals (BVA), Initial Appeal Denied, Initial Appeal Granted, Initial Appeal RemandedTagged back disability, Compensation and Pension, degenerative disc disease (DDD) with radiculopathy, lumbar radiculopathy of the lower left/right extremity, VA, VA Appeal, VA Appeal Process, VA Appeals Claims Compensation, VA Benefits, va claims, VA Compensation, VA Disabilities, VA Disabilities Compensation, va disability, VA Disability Benefits, VA Pension Quick Start, VBA, Veterans, Veterans Administration, Veterans Benefits, Veterans Compensation, Veterans Disability Compensation
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Trying to wrap one's head around the many problems associated with fashion consumption—environmental costs, poor labor standards, etc.—can feel overwhelming, especially when attempting to figure out which brands and items to steer clear of and which to embrace. Luckily, there are websites like Roozt. This online portal aggregates fashion from responsible companies that are having a positive impact, whether it's through sustainable production, fair labor practices, community giving, or other avenues. Just signing up for a free Roozt membership does a little good: for each membership, the site donates a meal to a hungry American through Feeding America. The site hosts an impressive array of stylish and unique finds, and I loved how many new, fascinating brands I was introduced to. A few of my favorite discoveries so far are pictured above.
The Drape & Flare Racerback tank, Vintage Tribe Bag and Solar Cuff are from a company called 4 All Humanity, whose apparel is made at a cooperative in Uganda and whose accessories are made with recycled materials in cooperatives in India, Thailand, Mexico and South Africa. The Macy Clark earrings—made with reclaimed brass chains—are by eco-jewelry company Hovey Lee. The Dusty Purple Square Scarf was handwoven by women in Ethiopia for Ugandan-based ethical fashion brand Sseko Designs. Lur Apparel, an environmentally and sustainably responsible American company, is behind the comfy and funky Lodgepole Pants.


The club runs a very successful 'Learn to Swim' programme of swimming lessons during term-time. It provides a fantastic opportunity for children to develop water confidence and swimming skills, in a fun, yet structured way. Our teaching programme follows the Swim England National Plan for Teaching Swimming.
There are 10 stages, which each swimmer will progress through as levels and awards are achieved.
All of our teachers and helpers are unpaid. We do, however, aim to have regular teachers. It is always the case that we are looking for new helpers so if you are regularly watching and feel that you have something to offer please let us know. If you are a qualified swim teacher or have some competitive swimming experience, that would be ideal. However, there are various jobs where swimming knowledge is not required. If you are keen we will find you a job!
Beginners – Stages 1 and 2. 30 minute lessons once per week. Either a Tuesday or Thursday evening.
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if you are interested in your child joining our 'Learn to Swim' programme, please provide the following information when you contact us.
We take children from the age of 4 in Stage 1. We are happy to take children's details in advance of their 4th birthday so that they can start soon after.
Has your child completed any formal Learn to Swim lessons?
If so, what is the highest stage that they have completed?
We will then be able to provide you with accurate information regarding potential waiting lists and session times.
We expect all swimmers to arrive in correct attire and on time ready for each session. All teaching equipment is provided by the club.
Boys – swimming trunks or specific swimming shorts (not baggy), Girls – swimming costume, Both – swimming goggles and swimming hats if you have long hair.
Attendance at all scheduled sessions is compulsory. The absolute minimum expected attendance across any one cycle is 80%. In the case of a one-off missed session there is no need to inform the club. However, if your swimmer misses three or more consecutive sessions please let us know the reason so that it can be marked on the register. If your swimmer is missing consecutive sessions without an explanation, we may assume that they have left and the place could potentially be allocated to another person.
All swimmers advance at different speeds and improvement is typically non-linear. It is normal for swimmers to spend longer in some classes and shorter in others and improve in 'fits and spurts'.
There is a comprehensive assessment process in place, and all swimmers are constantly reviewed. We also run specific assessments, which are carried out regularly across all groups (usually without parent or swimmer knowledge) so we can have a full and true picture of each individual's progress.
If your child is ready to move at the end of the assessment and there is a space in the next stage, they will be moved.


Kate Gosselin Wants To Be On 'DWTS'!
Newly-divorced Kate Gosselin showed up on "The Jay Leno Show" for Ten @ Ten and confessed she wants to learn how to dance on "Dancing with the Stars."
The mom of eight told Leno, "I cannot dance! I want to laugh at myself." She continued, "It would be a sad sight."
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This modern opera is one of a series of "parables for church performance" composed and produced by Benjamin Britten, one of the great British composers of the 20th century. The opera's librettist, William Plomer, was a well-regarded British poet during the second half of the century. Its influences include classical opera, Japanese Noh plays, and medieval English mystery plays.
Once again a great modern artist has been drawn to the parable of the Prodigal Son and has retold it for a contemporary audience. And once again a great modern mind has encountered the parable of the Prodigal Son through an encounter with a work of art. Benjamin Britten, the composer, was standing in front of Rembrandt's painting of the Return of the Prodigal in the Hermitage Museum in St. Petersburg when the idea for the opera took root. It was his reflections on that same great painting that inspired Henri Nouwen to pen his meditative masterpiece, The Return of the Prodigal Son. See "Encountering its Spiritual Meaning" on this website for a discussion of Nouwen's book.
There is something powerfully paradoxical about Britten and Plomer's version. As is the case in many modern depictions of the parable, the story is retold meaningfully and movingly and is, at the same time, altered, even subverted. The main character, the Tempter, has been added to the plot of the parable. It is as if Prodigal Son of Jesus' parable meets Satan from Milton's Paradise Lost. The younger son's life in the far country is fleshed out in a modern way. And the older son's action at the end offers a new twist on the old parable. In spite of the many liberties Britten and Plomer take with the plot and characterization of the parable, the point, the character of the parable, remains profoundly intact.
The sub-title is also significant. Britten envisioned this and the other productions in the series as the stories of the church, conveying a core message of the church, and thus staged most appropriately in church buildings.
1) Listen to the production, noting the modern musical style of the composition.
 heard on YouTube. Go to YouTube and search for Britten Prodigal Son.
 express the story? How has the plot been altered by the composer and librettist?


text:
Dollar books under seige
by Dan O'Connor
It's a truth universally acknowledged, here in the Melville offices, that folks in publishing don't buy books. At least, they don't buy shiny new $25.00 hardcovers — or $16.00 paperbacks, for that matter. As do so many other banal truisms, this one applies to me. Publishing people are swimming in books, the theory goes, and they have access to channels outsiders don't. They get all their books for free. That's the supply side explanation — publishing people don't need to spend money on books. My explanation, from the demand side, is equally popular: I don't have the money.
When I worked at the old Coliseum bookshop on 57th and Broadway, I would marvel (and still do) at the customers who brought stacks of fresh hardcovers to the counter, stacks of not-very-interesting books, and slapped down a credit card to pay for them. (Any retail store is a good place to be jostled by herd behavior or to listen in on hive consciousness but a bookstore can afford a particularly dispiriting vantage on the dominant strains of literate culture. I stood by helplessly as thousands of middle-aged, middle-class, college educated, white people made a bestseller out of The Celestine Prophecy.) As my Coliseum colleague Patrick Shannon used to say, "those people don't know the value of a dollar."
The problem with the they-get-all-their-books-for-free argument is that it doesn't account for the restricted choice of selection. Who is content with what can be had for free? Most of the books I want or think I want are not available to me for free. But I have found that with patience, and with the involuntary doggedness of the mildly compulsive bibliomane, anything can be had for a dollar.
Anyway, I need more books than you do. And different ones. Many are out of print, if that makes you feel any better. Like any naturalized New Yorker I like to crow about the stuff I've picked up for next to nothing, to say nothing of the things I've found in the street, but the fact that I can buy these things for a dollar tells you how esteemed they are by the market's invisible hand. "One man's trash," and all that.
Luckily, I've stockpiled for the much trumpeted "end of print" but before reckoning with that cataclysm, a more immediate threat has arisen. The used book dealers that I have relied on for my entire hoard may soon be out of business — depending on how the Supreme Court rules on the interpretation of copyright law advanced by John Wiley & Sons Inc. v. Kirtsaeng.
According to the Christian Science Monitor:
Under scrutiny is the Copyright Act's 1908 "first sale" doctrine, which provides that after a copyrighted good (like a book or CD) has been sold once, it can be resold for profit without the authorization of the copyright owner. At the crux of the matter (and what the Court is ruling on) is whether the "first sale" doctrine applies to any copyrighted work, regardless of where it was manufactured, or only those manufactured in the US.
If it rules that the "first sale" doctrine only applies to copyrighted goods manufactured in the US, it could render illegal the sale of used books, media, art, and other copyrighted works produced abroad. Which is why interested parties, from the Association of American Publishers to Goodwill to eBay, Powell's Books, and the American Library Association are watching the case closely.
Local secondary market stalwart Strand bookstore has joined Powell's Books, Half Price Books, and the Harvard Bookstore in a brief of amici curiae on behalf of the defendant, Kirtsaeng. (You can read all the briefs on the SCOTUS blog, here.) "In the modern world," the brief says,
traffic in ideas and goods is international. Books first published in the United States are frequently manufactured abroad. Books first released abroad are sold over the internet everywhere in the world. Buyers of books also travel, and frequently resell their books in a different place from where they bought them.
The "practical effect" of a ruling in favor of John Wiley & Sons would be
to make it more difficult for struggling bookstores to sell used books. A bookstore has no way of knowing whether the used books it buys were first sold in the United States or not. But under the Second Circuit's ruling, bookstores could be sued at any time for offering books that turn out to have been lawfully sold by the publishers on the wrong side of a border.
Get yours while you still can.
Dan O'Connor is the Managing Editor of Melville House.
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redpajama_set_name: RedPajamaCommonCrawl


MOLINE-- Democrat Gregg Johnson announced his candidacy for the Illinois 36th Senate District seat.
Johnson, a Rock Island native, formally announced his run on Thursday, July 20 at the Moline Township Activity Center.
"The leaders in Springfield have been letting us down for decades now and i think we need to send people to Springfield that are actually going to solve the problems of everyday people," he said.
Johnson is a 34-year member of AFSCME Local 46 and was elected President of the local in 2010.
The candidate said he will focus on issues such as education funding, tax reform, and middle class growth.
"I think we need a fair taxation system in our state...too much of the burden is put on our working class," Johnson said.
Currently Johnson is the only announced Democratic candidate for the primary.
Republican Neal Anderson currently holds the 36th district seat.


Calling all school advocates. The Arizona School Boards Association wants concerned school supporters to attend a free advocacy training session tonight at the East Valley Institute of Technology campus in Mesa in a grass-roots effort to pressure legislators to stop budget cuts to K-12 schools, The Arizona Republic reports. Gov. Jan Brewer last week approved the Legislature's $300 million budget cut, a large portion of which gouged K-12 school soft-capital funding that typically is spent on new desks, textbooks and other items that students work with in the classroom. Brewer, who previously had vetoed those same cuts in the summer, said this time she believed they were inevitable due to the state's massive deficit. School district officials and board representatives anticipate many more cuts in the coming months. They aim to lessen the blow through advocacy and lobbying efforts.


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Intravitreal aflibercept for the treatment of radiation-induced macular edema after ruthenium 106 plaque radiotherapy for choroidal melanoma
Purpose: To assess the efficacy of intravitreal aflibercept in patients suffering from post-radiation macular edema following plaque radiotherapy for choroidal melanoma. Methods: This prospective, interventional case series included patients affected by radiation maculopathy (RM) with macular edema secondary to ruthenium-106 plaque brachytherapy for choroidal melanoma. The effect of intravitreal aflibercept on best-corrected visual acuity (BCVA), central foveal thickness (CFT) detected by spectral domain optical coherence tomography (sd-OCT), and Horgan's grading scale of RM was evaluated throughout the 24-month follow-up. Intraocular pressure (IOP) and possible complications were also recorded. Results: Nine eyes of 9 patients were included. A mean of 4.4 ± 1.2 injections were given over the 24 months. At the end of follow-up, mean BCVA was significantly improved, from 0.9 ± 0.19 logMAR at baseline to 0.56 ± 0.3 logMAR (P = 0.028), and mean CFT was significantly decreased, from 546 ± 123 μm at baseline to 223 ± 34 μm (P < 0.001). Intravitreal aflibercept lowered baseline maculopathy stage as well. No significant change in IOP values and no complications, such as endophthalmitis, was recorded. Conclusion: Intravitreal aflibercept is an effective treatment for patients with radiation-induced macular edema, allowing functional and anatomical improvements to be achieved with a relatively low number of injections.
Fallico M., Reibaldi M., Avitabile T., Longo A., Bonfiglio V., Chronopoulos A., et al. (2019). Intravitreal aflibercept for the treatment of radiation-induced macular edema after ruthenium 106 plaque radiotherapy for choroidal melanoma. GRAEFE'S ARCHIVE FOR CLINICAL AND EXPERIMENTAL OPHTHALMOLOGY, 257(7), 1547-1554.
Titolo: Intravitreal aflibercept for the treatment of radiation-induced macular edema after ruthenium 106 plaque radiotherapy for choroidal melanoma
Fallico M.
Reibaldi M.
AVITABILE, TERESIO
Longo A.
Bonfiglio, Vincenza Maria Elena
Chronopoulos A.
Caltabiano R.
Spatola C.
Russo A.
Citazione: Fallico M., Reibaldi M., Avitabile T., Longo A., Bonfiglio V., Chronopoulos A., et al. (2019). Intravitreal aflibercept for the treatment of radiation-induced macular edema after ruthenium 106 plaque radiotherapy for choroidal melanoma. GRAEFE'S ARCHIVE FOR CLINICAL AND EXPERIMENTAL OPHTHALMOLOGY, 257(7), 1547-1554.
GRAEFE'S ARCHIVE FOR CLINICAL AND EXPERIMENTAL OPHTHALMOLOGY
Digital Object Identifier (DOI): http://dx.doi.org/10.1007/s00417-019-04347-6
Abstract: Purpose: To assess the efficacy of intravitreal aflibercept in patients suffering from post-radiation macular edema following plaque radiotherapy for choroidal melanoma. Methods: This prospective, interventional case series included patients affected by radiation maculopathy (RM) with macular edema secondary to ruthenium-106 plaque brachytherapy for choroidal melanoma. The effect of intravitreal aflibercept on best-corrected visual acuity (BCVA), central foveal thickness (CFT) detected by spectral domain optical coherence tomography (sd-OCT), and Horgan's grading scale of RM was evaluated throughout the 24-month follow-up. Intraocular pressure (IOP) and possible complications were also recorded. Results: Nine eyes of 9 patients were included. A mean of 4.4 ± 1.2 injections were given over the 24 months. At the end of follow-up, mean BCVA was significantly improved, from 0.9 ± 0.19 logMAR at baseline to 0.56 ± 0.3 logMAR (P = 0.028), and mean CFT was significantly decreased, from 546 ± 123 μm at baseline to 223 ± 34 μm (P < 0.001). Intravitreal aflibercept lowered baseline maculopathy stage as well. No significant change in IOP values and no complications, such as endophthalmitis, was recorded. Conclusion: Intravitreal aflibercept is an effective treatment for patients with radiation-induced macular edema, allowing functional and anatomical improvements to be achieved with a relatively low number of injections.
URL: link.springer.de/link/service/journals/00417/index.htm
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Last updated on February 15, 2018.
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Хайнрих фон Насау-Диленбург (; * 15 октомври 1550 в Диленбург; † 14 април 1574 при Моокерхайде в Лимбург) е най-малкият брат на княз Вилхелм Орански, нидерландският военачалник през нидерландския бунт срещу испанците.

Той е дванадесетото дете и последният син на граф Вилхелм фон Насау-Диленбург (1487 – 1559) и втората му съпруга Юлиана фон Щолберг (1506 – 1580).  По-големите му братя са княз Вилхелм Орански (1533 – 1584), граф Йохан VI (1536 – 1606), Лудвиг (1538 - 1574) и Адолф (1540 – 1568).

Хайнрих следва в Льовен и Страсбург. Той и братята му Вилхелм и Лудвиг се присъединяват във войската на Луи I Бурбон-Конде и участват в битка на 3 октомври 1569 г.
Хайнрих и брат му Лудвиг фон Насау-Диленбург са убити на 14 април 1574 г. от испанската войска в битката на Моокер Хайде в Нидерландия. Техните трупове никога не са извадени.

Литература
 Pierre Even: Dynastie Luxemburg-Nassau. Von den Grafen zu Nassau zu den Großherzögen von Luxemburg. Eine neunhundertjährige Herrschergeschichte in einhundert Biographien. Schortgen, Luxemburg 2000, ISBN 2-87953-600-6, S. 94 f.

Източници

Графове на Насау
Дом Насау
Германци
Осемдесетгодишна война
Родени през 1550 година
Починали през 1574 година

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Turkmen President Reform Push Only Goes So Far
Turkmenistan has a new constitution that gives citizens the right to form political parties and endorses their right to own private property. But if President Gurbanguly Berdymukhammedov's latest initiative seems aimed at signaling the energy-rich country is on the road to reforms and opening to world markets, it also leaves many questions unanswered regarding his vision for the future.
OSCE Cites Progress As Summit Opens
The OSCE's Human Dimension Implementation Meeting (HDIM) convenes in Warsaw on September 29, bringing together government officials and members of civil society groups for an extended opportunity to work together for democracy and human rights. RFE/RL spoke with the head of the U.S. delegation to the summit, Ambassador W. Robert Pearson, about his expectations for the meeting.
Russia Thrives On Crisis, Says Andre Glucksmann
Russia's August military offensive in Georgia has drawn strong international condemnation. Some of the most stinging has come from Andre Glucksmann, a prominent French philosopher and Russia watcher. Glucksmann discusses Moscow's foreign policy, Europe's stance, and what the philosopher describes as "the Putin doctrine."
Russia Wards Off Crash, But Fears Linger
Russia last week avoided a massive financial crisis by pumping tens of billions of dollars into its economy. A repeat of the 1998 meltdown now appears unlikely, but Russia will need much longer to repair its investment reputation.
OSCE Chairman Says Russia In 'Driving Seat'
The chairman of the 56-nation Organization for Security and Cooperation in Europe (OSCE), Finnish Foreign Alexander Stubb, met with Russian Foreign Sergei Lavrov at the United Nations on September 25. He spoke to RFE/RL correspondent Nikola Krastev about that meeting and the chances of resolving the conflict over South Ossetia.
Georgia Argues Its Case To OSCE
Georgia is continuing its campaign to convince the world that Russia instigated the armed conflict that broke out between the two countries in early August. Tbilisi made its case again this week at an OSCE meeting.
Kidnapping Case Linked To President's Son-In-Law
An exiled bad boy of Kazakh politics appears to have found safe haven in the West. But some of Rakhat Aliev's associates haven't been so lucky. In Kazakhstan, authorities have hinted at possible charges against two powerful acquaintances; in Vienna, another former colleague claimed to have been attacked by armed men.
A Different Account Of Ashgabat Shoot-Out
The Turkmen government's vague explanation of the deadly all-night shoot-out in the capital, Ashgabat, on September 12-13 has raised more questions than answers. Although the country remains very closed, RFE/RL's Turkmen Service spoke with veteran opposition figure Nurberdi Nurmammedov, who lives where the shooting occurred and gives some details that the government did not mention.
U.S. Economist Sees No Need For Government Bailout Of Wall Street
Despite skepticism from many members, the U.S. Congress seems poised to approve the White House's proposal for a $700 billion bailout of the country's financial institutions. But at least one economist, Allan Meltzer, dismisses warnings that the program is essential to restore confidence in the U.S. free-market system. Meltzer, a respected expert on monetary policy, says there's plenty of private money -- and confidence -- to rescue Wall Street without risking a penny of the taxpayers' money.
Report Says U.S. Policy Can Discourage Islamic Extremism
In Washington, a group calling itself the U.S.-Muslim Engagement Project has released its findings on a study that looked at whether a comprehensive new strategy for U.S. policy and action in the Muslim world can reverse the drivers of Muslim extremism and enhance U.S. international security.
Foreign Minister Lavrov Now Kremlin's Advance Guard
Sergei Lavrov arrives at the United Nations as the Kremlin's point man, the most visible face of Russia's new, more aggressive foreign policy. Once seen as an urbane, soft-spoken diplomat, will he continue to present his new tougher side?
Yulia Tymoshenko: Gold-Plaited And Teflon-Coated
A commentator once compared Ukraine's Yulia Tymoshenko to a nuclear powerhouse: Left uncontained, she will rage out of control. But she's blamed the latest government collapse on former allies in the "orange coalition," and her history suggests that she'll come back strong.


Our elegant Laminated Paper Carrier Bags are available in both gloss and matt finishes and are perfect for clothing or shoe boutiques, Jewelery of craft shops or indeed any retailer seeking to add that extra touch of elegance and luxury to their brand.
Please note that all sizes are approximate. Image is for illustrative purposes only.


This property sold for $1,013,519 over 2 years ago.
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Das Copyright-Law [] ( 'Kopierrecht', aus  'kopieren' und  'Recht') bezeichnet im Recht der Vereinigten Staaten ein Rechtsgebiet zum Schutze geistigen Eigentums. Es ist dem deutschen Urheberrecht ähnlich, unterscheidet sich jedoch in wesentlichen Punkten. Bereits der Ansatz ist ein anderer: Während das deutsche Urheberrecht den Urheber als Schöpfer und seine ideelle Beziehung zum Werk in den Mittelpunkt stellt, betont das Copyright den ökonomischen Aspekt.

Im Copyright des amerikanischen Rechtssystems werden im Gegensatz zum kontinentaleuropäischen Urheberrecht die Entscheidungs- und Verwertungsrechte über ein Werk oft nicht dem Urheber (beispielsweise dem Künstler) zugestanden, sondern den wirtschaftlichen Rechteverwertern, zum Beispiel dem Verlag. Der Urheber behält dann eingeschränkte Veto-Rechte, die den Missbrauch des Copyrights seitens der Rechteverwerter verhindern sollen.

Rechtsgeschichte

Im Gegensatz zum Urheberrecht in Deutschland musste das Copyright bis 1989 in den USA explizit angemeldet werden (US Copyright Act 1909, Chapter 1 Sec. 11) und erlosch 75 Jahre nach der Eintragung in das zentrale Copyright-Verzeichnis. Inzwischen gilt in den USA für neue Werke ein Schutz bis 70 Jahre nach dem Tod des Urhebers bzw. 95 Jahre für Firmen (Copyright Term Extension Act). Eine Anmeldung des Copyrights bei der Library of Congress ist für den Erwerb des Rechts nach aktueller Gesetzeslage nicht erforderlich, kann aber zum Beispiel bei der Geltendmachung von Schadensersatz vorteilhaft sein.

Am 28. Oktober 1998 verabschiedete der US-Senat den heftig umstrittenen Digital Millennium Copyright Act, der die Rechte der Copyright-Inhaber stärken soll. Dieser stellt eine Reaktion auf die durch das Internet und andere digitale Technologien immer einfacher gewordene Reproduktion und Verbreitung von Werken dar.

Schreibweisen
Der Copyright-Vermerk ist primär vom Rechteinhaber und nur sekundär von Ort und Zeit(raum)/Jahr/Datum abhängig. Als Schreibweisen sind im deutschsprachigen/europäischen Raum möglich:
 Copyright ©/℗ Rechteinhaber, Ort Zeitraum/Jahr/Datum – alle Rechte vorbehalten
 (Copyright) ©/℗ Rechteinhaber, (Ort) Zeitraum/Jahr/Datum

Im angloamerikanischen Raum sind folgende Schreibweisen verbreitet:
 Copyright ©/℗ Ort Zeitraum/Jahr/Datum by Rechteinhaber – all rights reserved
 (Copyright) ©/℗ (Ort) Zeitraum/Jahr/Datum (by) Rechteinhaber

Die Ergänzung Copyright vor dem © kann weggelassen werden, ist aber empfehlenswert, da sie das Erkennen von Copyrights erleichtert und so für Unversierte oder bei Kodierungs-/Darstellungsproblemen eine Hilfe sein kann.

Selbiges (siehe unten) gilt für den Tonträger-Vermerk mit ℗.

Copyright-Vermerk
Der Copyright-Vermerk (Copyrightzeichen: © (deutsch: "alle Rechte vorbehalten") – behelfsweise auch (c) gefolgt von einer Jahresangabe und dem Rechteinhaber) oder auch Urheberrechtshinweis stammt ursprünglich aus dem angloamerikanischen Recht. Mit ihm soll der Nutzer eines urheberrechtlich geschützten Werks auf das Bestehen von Urheberrechten hingewiesen werden. Hintergrund ist die alte Rechtslage des US-amerikanischen Copyright, nach der Rechte an einem Werk erlöschen konnten, wenn es nicht mit einem Copyright-Vermerk versehen war (wie im Fall des Filmes Die Nacht der lebenden Toten von 1968). Nach dem Beitritt der USA zum internationalen Berner Übereinkommen zum Schutz von Werken der Literatur und Kunst (RBÜ) im Jahr 1989 ist der Copyright-Vermerk heute nicht mehr notwendig, kann aber nach eigenem Ermessen gesetzt werden.

Im deutschen Recht entstehen Urheberrechte automatisch mit der Schaffung eines Werks. Ein Copyright-Vermerk ist nicht erforderlich. Der Hauptzweck des Vermerks liegt in der Übermittlung der Aussage, dass jemand Urheberrechte für sich oder andere reklamiert. Der Vermerk selbst führt jedoch nicht zum Bestehen von Urheberrechten. Ob ein Werk urheberrechtlich geschützt ist, bestimmt sich allein nach dem Gesetz. Dazu ist zum Beispiel eine ausreichende Schöpfungshöhe notwendig. Weitere Bedeutung kann der Copyright-Vermerk dadurch erlangen, dass ein angegebenes Datum unter Umständen Rückschlüsse auf den Ablauf der Schutzfrist erlaubt. Allerdings bemisst sich die Schutzfrist nur in wenigen Fällen nach dem Datum der Veröffentlichung. Schließlich können Vermerke im Rahmen der Beweissicherung nützlich sein. Die Kennzeichnung fremder Werke mit eigenem Copyright-Vermerk kann eine Urheberrechtsverletzung darstellen.

℗-Vermerk für Tonträger

Bei Tonträgern und Filmen wird häufig auch noch ein ℗-Vermerk – an einigen Stellen auch (P) bzw. inkorrekterweise (p) – angegeben.

Die Ergänzung Copyright vor dem © kann auch hier weggelassen werden, ist aber empfehlenswert, da sie das Erkennen von Copyrights erleichtert und so für Unversierte eine Hilfe sein kann.

Das P steht für phonogram (zu deutsch: "Phonogramm" bzw. "Fonogramm" rsp. "Tonaufzeichnung"). Der ℗-Vermerk ist in einigen Ländern (nicht in Deutschland) erforderlich, um Tonträgerherstellerrechte geltend machen zu können. Das sind so genannte Leistungsschutzrechte. Geschützt werden sollen dabei nicht künstlerische, sondern wirtschaftlich aufwendige Leistungen des Tonträgerherstellers. Nur die erste Aufnahme auf einem Tonträger ist Gegenstand des Schutzes (z. B.: das Masterband). Im deutschen Recht finden sich entsprechende Regelungen in § f. UrhG.

Vom Recht des Tonträgerherstellers zu unterscheiden sind Urheberrechte an den Kompositionen, Liedtexten oder der grafischen Gestaltung des Covers. Bei Bildtonträgern greift auch das Leistungsschutzrecht des Filmherstellers, im deutschen Recht nach  UrhG.

Literatur

Weblinks

 U.S. Copyright Office, loc.gov (englisch)
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Einzelnachweise


Here, in the south of England, we have been having days of warm, sunny weather which has allowed me to be out in the garden cutting back the plant material. The result is that the place not only looks double the size, but much more tidy and 'shipshape' for the new season as well.
I find that many people are afraid to cut back woody material since they think that they will kill the plant. The solution to doing something to the 'wretched thing', is to trim it into a rounded lollipop shape, so that the growth becomes thicker and thicker and you end up with a series of balls in the garden, looking like the local parks department.
Really pruned, that is thinned to reduce the head of the plant, and its thickness at the right time of year, you in fact rejuvenate your plant, and they take on a new lease of life.
But what is the right time of year to give your garden this attention? Well obviously, and if you can avoid it, you do not cut back a plant just before it comes into flower. So cut back when it has finished flowering so that you allow a full years growing time before flowering again. It makes sense?!
The walled garden prior to cutting back.
The winter before last I really tore into our walled garden which was initially a mixture of both shrubs and perennials, but the shrubs had taken over, making the garden too dark for the flowering of the perennials, which generally prefer plenty of sun.
While I like the look of mixed planting, because of course the shrub material gives interest throughout the whole year, particularly if you use decorative evergreens as well as deciduous material.
By decorative evergreens I mean plants such as choisya ternata, some ceanothus, forms of eleagnus, fatsia japonica (in town), ilex (holly) rosemarys, skimmia, viburnum forms, that sort of thing. Illustrated is the walled garden three years ago, and this was it last summer. I also removed some of the shrub material altogether, a pittosprum and choisya. There is also a self-seeded Portuguese laurel that I am training into a pyramid. It will not happen overnight I fear, the boxwood balls have been in the garden for 40 years or so!
Just recently I have tackled a fatshedera lizei that makes a handsome architectural backdrop to a sculptural piece of Two Doves, by Marie Gill. I used the birds first of all in a Gold Medal Chelsea Flower Show garden for the FT in 1972, and I then took them as part payment of my fee for designing the garden.
The bird's architectural backdrop seemed to have suffered badly through last winter, so I am wading in there to cut it all back. It may look a bit naked at first, but will thicken up and be fine very soon.
In another part of the garden there is a huge viburnum mariessii which is deciduous (that is it drops its leaves in winter), which is ready for a cut back, but if I do it now, when it will flower in a month or so's time, I will lose its beautiful, layered white flowers. So it will have to wait for its prune!
This viburnum is in for the chop after flowering.
By mixing shrubby material with perennials I can get a variation in size, in foliage forms, colours and textures and flower colour is a bonus on top of that usually.
So with pruning saw in hand, loppers and secateurs get out there and start pruning if you have an established garden, or at least think about shaping your plants in a newer one.
The daffodils are going to be just right at Easter time this year and the early Narcissus February Gold and February Silver are looking at their peak right now. Come see!


1. Don't Drink & Drive - New Year's Eve is a time to party, so expect that you'll be enjoying a few "happy drinks" even if you didn't intend to because you were driving home. Instead of planning the evening out like this, don't bring your car and take a taxi. Better yet, join a carpool or ride with someone sober and have this arrangement finalized before you start drinking. We're not saying it's best to stay sober when everyone else is partying hard; you might not want to sober, but you sure want to be safe, right?
2. Check the house before leaving - aside from the rare chance of a housefire starting due to firecrackers, it's more likely for a housefire to start when appliances are left turned on or problematic electrical systems mysteriously decide to act up when you're not home. It's best to close all doors and windows before you leave to prevent firecrakers from accidentally getting into the house. Turn off the lights and appliances, too. It's best to have your home checked for fire safety annually to rid yourself of this worry. Oh, and make sure that your grill is off after cooking that pre-party BBQ with the family.
3. Bring some crackers and water before travelling - What the-- are you serious, Cain Realty Group? Well, if you are one of the many who needs to go on a long commute home to celebrate with the family, the traffic jams along the way can prove too much for a stomach looking forward to the family's New Year's eve dinner. Just prepare for a possible extended travel time and avoid coming home all grumpy because you are hungry and missed dinner by five hours (or more!).
4. Watch what you eat (and drink) - Statistics show a mathematical increase in hospital admissions due to health conditions worsened by overeating or consumption of food that aggravates existing health conditions. Let's make it simple: avoid too much dessert for diabetics, lower your salt intake if you have kidney problems, fatty foods are a no-no for hypertensive individuals, and avoid alcohol altogether if you have renal health issues. Consume those sumptuous delights in moderation, and you'll be fine.
We hope that all of us will have a fun, safe evening as we welcome the New Year! With the New Year comes hope, a fresh start, an opportunity to make things better. Stay safe as you celebrate the coming of things made better!


The Korea Institute for Curriculum and Evaluation released the answers for this year's Suneung, or college scholastic ability test, on Monday, after reviewing complaints filed against this year's exam questions.
The institute, which organizes the multi-subject standardized exam, released the answers to this year's Suneung, held on Nov. 15, on its website. It said it reviewed all 991 complaints submitted by test-takers and confirmed no errors were made in the 107 questions that faced objections.
The institute received objections for five days, from the day of the exam to 6 p.m. on Nov. 19. The number of complaints were more than the 978 cases filed last year.
More than half of the objections concerned social studies subjects such as ethics, with 583 cases, followed by 150 cases related to the Korean language subject, 118 cases in mathematics and 70 cases in English language.
None of the 978 objections over 191 questions raised after last year's Suneung were accepted for correction. Since the exam was introduced in 1994, there have only been eight questions that were fixed to accept either multiple or all-answer choices.
For this year's Suneung, 594,924 people applied for the test, 11,397 more than last year, according to the Education Ministry.
The level of difficulty for this year's Suneung appears to be similar to that of the previous year. The test results, based on the answers announced Monday, will be released on Dec. 5.


Prints of Social & Political events.
Published by Adam & Charles Black, London & Edinburgh 1892.
Durand dedicated much of his life to recreating in fine detail the engraved plates of Rembrandt, Durer and others by a photographic process he called Heliogravure in which he reproduced images from early prints rather than the old worn plates and woodblocks, carefully reinforcing the engraved lines to produce an image almost identical to the early originals. His prints were published by G. Duplessis from 1869.
This later version was published by A & C Black in 1892.


The only person that is going to manage your career is yourself.
The best career advice on advancement I've received was from my first mentor. I was working for the federal government and complaining about how bureaucratic management had an iron grip on my career. My mentor replied, "The only person that is going to manage your career is yourself." I was stumped because didn't this perceived authoritative bureaucracy decide my professional fate? Not entirely.
If you put all the power of your professional future in the hands of one person, or a single authority, you will repeatedly be dissapointed. Even the best managers get distracted and overwhelmed by the responsibilities of their role and can't be psychic to your needs. Whether you have a stellar boss or the opposite, practicing the art of managing up will help you take the reigns of your career.
There is nothing wrong with telling your boss that you aspire to be Indra Nooyi one day. Whatever role or person you aspire to be, before you ask your boss for advice on how to get there, draft a map of what you think the trajectory is to attain that goal. Present your draft to your manager to get her/his thoughts and advice on your draft.
If you have that kind of clarity early in your career, awesome. It's also ok if you don't. When I was twenty-three, my mentor asked me to create a timeline of my personal and professional life for the next ten years. I was mortified. Ten years seemed like a lifetime. He then had me scale it back to five years which was more doable for me. The point of drafting a timeline isn't to create a rigid map of your professional life, but rather to have first authorship of it.
Another tip is to search your company's organization chart or open positions for roles with job descriptions that appeal to you. Whether or not you qualify for position, sharing a job description or role with your boss provides even greater clarity of your aspirations.
I learned this from a team member who managed up to me. He printed out the job description for a role he was interested in and reviewed it with me during his one on one. He started the conversation by saying, "This is a role I'd like to do in our company. What advice do you have on how I can earn it?" He was taking charge of his career by literally providing me a map to his next role. I then used parts of the job description to develop criteria so I could identify whether he could be successful in this future role and to help him achieve his goal. He succeeded, made a great impression on my boss and I promoted him to a similar role a year later.
Give your manager tangible information on what you want to achieve and then ask for assistance to attain it.
I'm a strong believer in self-education. Self education takes shape in many forms via interviews, internet articles, online courses and books. Essentially, it's the work you do out of curiosity or drive to learn something new and to personally or professionally grow. It can also be the only possibility you have for training when money for formal education is not available or attainable.
I once candidly told a junior employee who aspired to be a manager that I would not approve training funds to send her to management courses because it did not align with her current role. She was an entry level employee who had only been with the company three months and was still adjusting to her job responsibilities. I instead gave her a short list of books that would give her foundational knowledge about technology management. I also referred her to our company's learning website which had several free topics on management.
For some companies, training is not budgeted, planned or seen as an investment in employees. Do not let the lack of formal training availability as a reason that is preventing you from growing in your professional career. There is a wealth of books (don't discount your library) and online courses from EdX, Coursera and Kahn Academy in various price ranges (sometimes even free) that are available.
If your company does have a training budget, do your homework and recommend specific training you'd like to go to. Solidify your recommendation by ensuring it aligns with your current role and offer courses in low and higher end price ranges. Don't give your manager all the power in your training. Manage up by clearly telling her/him what training you'd like to do and why. If they can't or won't send you, don't let that squash your curiosity and drive to educate yourself.
Most companies have formal evaluation processes that include an end of year review of your accomplishments and areas of improvement. Regardless of whatever formal policy is in place, don't wait until the end of the year to learn from your manager how you're doing in your job.
Job Responsibility Review. If you're starting a new job, request an overview of your job responsibilities with your supervisor. Yes, this is noted in your job description but take the time to ask your manager questions around what success looks like in the role. Based on this review, build your evaluation goals around this feedback and review them with your manager. Get agreement from your manager that your end of year evaluation will be based on these goals. Continue to do this review every year.
Regular One on Ones. Don't wait for your manager to schedule one on ones. Take charge of the meeting request and schedule them instead. Your manager will let you know if the cadence works or not. Schedule one on ones for 30 minutes and list this agenda: 15 minutes for whatever topics you want to discuss and 15 minutes for anything your manager wants to discuss. Avoid going through your task list during your 15 minutes. Instead, steer the conversation around your career aspirations (review your map!), provide feedback on your work environment, or use the time to get to know your manager and company direction. Aim to have at least one per month.
Quarterly Evaluations. If you have a great manager, you're never going to be in the dark about your performance. That's not always the case though. I've been blindsided by end of year evaluations because I didn't have the courage to ask my boss throughout the year how I was performing. I just assumed he would tell me. Regardless of whether he should have provided instant feedback, I own this misstep because I never asked him directly for feedback throughout the year.
Don't be misinformed. Work hard to develop a thick skin against constructive feedback. Similar to the recommendation for One on Ones, schedule a quarterly review of the evaluation goals you agreed to. Add an agenda that notes you want to review each goal and ask for feedback on three things that are going well and three things that need improvement.
I cannot stress enough the need to set clear, short agendas for each of these meetings that include goals and expected outcomes. You are more likely to have your meeting accepted and it gives your manager a heads up on what you'd like to talk about.
Regardless of where you're at in your career, don't assume every boss is going to take care of you simply because of their position. It will not always be the case that your manager has your best interests in mind. This doesn't mean you're working for a poor manager, it's simply reality. There's a business to run and there's always a fire to put out. As a technology executive I was frankly relieved when an employee charted their course and reviewed it with me. It left the guesswork out and helped me become a partner, versus an authority, in their career goals.
Starr Corbin has spent the past two decades in the tech industry serving both the public and private sectors. She is the Founding Partner and President of Corbin Solutions Group (CSG), a boutique technology advisory firm. A self-described geek, Starr is also pursuing a Ph.D. in Computer Science where she studies blockchain trends. An ardent advocate of servant leadership and bringing more diversity into tech, Starr researches and writes about the tech industry and how to expand the field for women.


text:
Chaddesden
Derbyshire County Cricket Club groundsman sabotaged pitch in 'revenge' attack for sacking
Chris Hallam sliced open the covers hours before thousands saw Derbyshire Falcons take to the field
Chris Hallam carried out sabotage at the 3aaa Ground in Derby (Image: Dan Westwell)
A groundsman sacked at Derbyshire County Cricket Club carried out a "revenge attack" when he slashed the covers and damaged machinery hours before the club were to take to the field.
Chris Hallam caused £3,000 of damage to the pitch at the 3aaa ground in Chaddesden just weeks after being dismissed from his role.
The 33-year-old was recognised on the club's CCTV pouring a liquid into the fuel tank of the blotter machine, which soaks up water from the grass.
Chris Hallam pleaded guilty to criminal damage (Image: Dan Westwell)
Hallam, of Chaddesden, was also spotted slashing the covers with a knife just hours before the Falcons took on Worcestershire Rapids in a T20 blast match on August 18 in front of thousands of fans.
A spokeswoman for Derbyshire police said: "We were called to the county ground in Derby by staff at Derbyshire County Cricket Club who had recognised a man on its CCTV going on to the pitch and using a blade to slash the covers.
"He was also captured on the footage pouring a liquid in to the fuel tank of the blotter machine at the ground.
"At around 3pm on August 20 we arrested Chris Hallam, who had recently been dismissed as an employee at the club, at his new place of work, the Joiners Arms, in Quarndon.
"He was questioned and did not realise the club had installed CCTV since he had been dismissed and he was charged with criminal damage."
Hours after Hallam caused the damage, Derbyshire Falcons beat Worcestershire Rapids by 48 runs in the T20 Blast match.
Hallam, of Francis Street, pleaded guilty to criminal damage and was handed an eight-week prison sentence, suspended for a year.
The court was told how it was a "revenge attack" and caused "significant damage" at the ground.
A spokesman for Derbyshire County Cricket Club would not say why Hallam had been sacked, how bad the full extent of the damage was, how long it took to repair or the total repair cost.
Chris Hallam slashed open the covers at the 3aaa Ground (Image: Dan Westwell)
He said: "The Club will not be making any comment on this matter."
Hallam was also handed a 12-week curfew, confining him to his Chaddesden home between 1am and 8am each day.
Magistrates also ordered him to pay £3,000 compensation to Derbyshire County Cricket Club for the damage he caused.
The Derby Telegraph has twice been to Hallam's address to see if he had any comment or apology to make to the club for his actions but there was no answer.
We have also been to The Joiner's Arms pub, in Quarndon and where Hallam worked after being dismissed from the cricket club and where he was arrested two days after he caused the damage.
They confirmed that he no longer worked there and did not wish to make any further comment.
Derbyshire CCC
ICC World Twenty20


A small plant with masses of flowers.
The dwarf, compact form of the Astra series distinguishes it from the other cultivars in the grandiflorus genus. 15 centimetres high!
We keep Platycodon grandiflorus 'Astra Blue' especially for growing in pots or in a rock garden.
Grow in the sun in ordinary, permeable, soft soil. Hardiness: - 6°C.
It does not like too much winter dampness. Apply protective mulch in regions with harsh winters.


Do you hate seeing displays that feature dog-eared, creased or wonky pages? Upgrade your noticeboard to an Inflow and say hello to display perfection.
This medium size board is extremely versatile, will fit into most wall spaces and allows a good mixture of pocket sizes.


Maja Fleck-Baustian i 2iba var ein av dei heldige som fekk delta i High School Student Internship Program (HSSIP), eit nytt program i CERN i Sveits.
I to veker har ho fått arbeide i eit prosjekt saman med ein tilsett i CERN, vore med på eksperiment og utfordrande oppgåver.
Out of 150 people, 24 students from all over the country were elected to attend the first high-school student internship programme that CERN hosted in Geneva from 15-28th of October.
I worked at idea square which is responsible for the innovation and research and development of CERN where I wrote a report on supersonic airplanes for an upcoming project as well as attending meetings.
Additionally to the job at idea square, we had daily challenges, workshops, lectures and tours around CERNs' different touristic displays, information centers, accelerators, offices and much more.
Overall it was an incredible once in a lifetime experience. I have met so many amazing people and saw so many beautiful and intriguing places which has inspired me to push for a future within CERN.