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JIM STRICKLAND'S MAIL BAG -- Veterans' Advocate Jim

Strickland answers questions from VA Watchdog readers.

Veterans' Advocate Jim Strickland provides regular columns for VA Watchdog dot Org.

If you would like to contact Jim about his columns, you can email him here...

The archive of Jim's articles is here...

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NOTE:  Emails from readers will always be anonymous. Changes may be made to protect the identity of the Veteran who wrote to me, make a letter shorter or easier to read and to remove some expletives. Spelling, punctuation and grammar are left as is.

Jim;

Do our Service connected VA compensation checks affect our Social Security entitlement?

Reply;

No. Service connected VA disability compensation has no offset to Social Security retirement or to SSDI entitlement. VA disability pension, other pensions and military retirement income may be seen as "earned" and could have tax and other implications. For example, if you collect 100% VA disability compensation and also SSDI, at age 62 the SSDI will quietly convert from SSDI to retirement at that same "full retirement" rate. You don't have to do anything, the SSA will do it automatically.

The income tax, Social Security and other laws are always complex and subject to influence by variables. I recommend that you check with a professional tax accountant to be sure that your situation isn't unique. Even though my personal tax preparation isn't all that challenging in my retirement, I wouldn't dare do it myself.

Jim;

I am in the process of preparing a NOD for my claim. First, I want to obtain my claim file. Do you have suggested wording for a FOIA request that "should" get me my entire VA claim file and any other VA information concerning me?

Reply:

You don't need to use FOIA. Just write to your VARO and ask for your file. They're usually pretty prompt...3 to 6 months being the VA definition of "prompt". Use registered mail, return receipt requested. Never use fax or email with VA.

Your VA medical file is available at the Release of Information (ROI) department at your clinic or hospital.

Be specific in what you ask for. If you've had a C & P exam, you must ask for it specifically from the Regional Office. C & P isn't part of your medical record.

Read through the archives of my work to find other hints about getting info from VA and how to write an effective letter. It will be worth your time!

Jim;

I am recieving IU for about 2 years now for PTSD/Major depression and an ankle and knee condition. I have not been able to find work. I have trouble even leaving the house. My family has fallen apart and I am truelly lost. I have this fear that I am gonna lose my benifits. If so they are my only source of income. I have interviewed for jobs ,but they all want to know what Ive been doing for a year and a half. When I try to explain they all never call back. I did ten years and lost my career because of this. Not to mention my family. Am I at risk of losing these benifits?

Reply;

I can't say that any of us are free of risk. However, when you are granted IU, in order to reduce your benefit, VA must show substantial improvement and employability. Even if you were to find gainful employment, you are usually allowed to work for a year before VA reduces the benefit.

If you were to get work and be successful at it, well...you're no longer "unemployable" and yes, the benefit may be reduced.

I'm of the opinion that IU is a better category than 100% schedular. Were I you, I'd do my best to live as normal a life as possible and put the VA out of your mind. Do keep all your doctor's appointments, take your meds and so on to keep the record straight. Other than that, enjoy it as best you are able.

Jim;

I am new to reading your articles, but I realize that you are one of the few sources that provide accurate information and are loyal to all Vets. I am a 60 year old Viet Nam Vet who has been in the VA Health Care System for some time. A few years ago, after some incidents, my Physician recommended a Psychiatric Consult. To make a very upsetting and long story short, I was told that I suffered from PTSD. I had no idea about thisor even what PTSD really involved. I now know that almost 40 years of unhappiness, anger, sad relationships, fears, nightmares/flashbacks and depression resulted from combat service in that wasteland VietNam. Unlike many of your reders, I have had nothing but the best treatment from the VA. The Doctors and other health professionals have been extremely competent and compassionate to me. Now for my question. Since 2006, I have been rated Totally and Permanently Disabled and receive the Compensation payment each month. A Godsend as I have not worked in almost 15 years. Having been told that this condition is incureable and permanent, I now fear that this disability rating could be reduced and/or eliminated by the VA's whim. My DAV contact and my Doctor say no way...but I still live in fear of this. Can you give me the straight skinny on this. Thank you for this and for all you do for our brother and sister vets.

Reply;

The straight and up front skinny is that at any time that VBA deems it to be necessary, with some few exceptions, you may be required to report for a Compensation & Pension reexamination.

This is a fact no matter what others may tell you.

In such a reexamination, the examiner is directed by your VARO to seek assessment of and report on your condition. This reexamination may be done because the VBA believes that your condition may have improved. The only exception is when you have been rated as 100% disabled for 20 years. There are some age recommendations to consider but the 20 year
rule is the only one I'm aware of that is hard and fast. Even then, I'm assisting some vets who have been 100% for over 20 years and they are still getting mail from VBA.

In the archives of my VAWatchdog work I elaborate on why "Permanent & Total" in VASpeak is anything but. I also write about how you can and should protect your rating.

Is it likely that you will be called in? Probably not.

Am I answering questions from a handful of Veterans today who have been surprised by a reexamination? Yes, I am.

Are there proposals by VBA to reduce those Veteran's benefits from 100% to 60% or even less? Yes.

VHA doctors rarely understand the details of how VBA works. They work for VHA, a totally separate division of DVA. These doctors only rarely have any input into disability decisions.

The DAV contact should know the correct answer but they usually disappoint...no different this time. This is part of the recurrent problems of using a Veterans Service Officer. I see misinformation like this ever day.

That's the straight skinny!

Jim;

I'm trying help out the family of veteran. Is the spouse of a WWII veteran eligible for nursing home care at VA or State nursing home? Best I can determine he was never service connected.

Reply;

To the best of my knowledge, the answer is likely "no". This is one of those things that may be tricky depending on some variables. If I were you, I'd go to the IRIS site by clicking here
https://iris.va.gov/Scripts/iris
.cfg/php.exe/enduser/cci/ask_1.
php?p_sid=x4Ojb1Ti&p_lva=&p_sp=&p_li=
and ask the question of them. Provide as much info as you can about the Veteran. If you don't get a reasonable answer, get back in touch with me and I'll see what else I can do.

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Larry Scott  --

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