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JIM STRICKLAND'S MAIL BAG: VOLUME #25 FOR 2008 --

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...

To find an answer to a specific VA benefits question, use the VA Watchdog search engine... click here...

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by Jim Strickland

NOTE:  Letters in my mailbag are reprinted just as they come to me. Spelling and grammar are left as is and only small corrections are made to improve readability, ensure anonymity or delete expletives that may offend some readers. This is not legal advice. You should always seek the advice of an attorney who is qualified in Veterans' law before you make any decisions about your own benefits.

Jim;

I thought I'd take a minute to drop you a line. I've written you a few times in the past and thought it was time to do so once again.

I've been following your column regarding the filing of claims on the VAWatchdog very closely and commend you once again for the great advice you're providing to all of us vets. I'm rated at 100% for PTSD and live my life just waiting for the other 'shoe to drop' so to speak, i.e., a letter from the VA informing me that they want to re-evaluate my 'Permanent and Total' disability rating which I've held for a couple of years now. I've spent more time fighting the VA than I did fighting the VC and unfortunately I feel that I have to stay on guard all of the time in order to avoid being broadsided by the government that I chose to fight for 40 years ago. It's a damned shame, but that's the reality of the situation.

Anyhow, the reason for my note tonight is this. Over the years, whenever I've filed a claim, it was me, not the DAV who put together all of the paperwork. I did the research, I provided all of the supporting evidence, I made sure it was in a presentable form, etc, etc and then I handed it off to a DAV representative who probably put my claim in a DAV envelope and then forwarded it to the VA for processing. Quite honestly, they really did little more than that. I've always felt that no one was going to care as much about my claim as me and so I felt that I was the one that needed to take the initiative and make sure that things were addressed properly. All of the information in your column seems to support my personal involvement, so I guess I'm a step ahead of many in that regard. Anticipating the other 'shoe to drop', here's a general question that I'm sure would be of interest to many other 'do it yourself' vets who read your column.

Every veteran whose claim was processed through a veterans service organization had to sign over a power of attorney allowing that organization to represent us and speak on our behalf. We've turned over the right to speak for ourselves to that veterans organization and hoped that they would do just exactly that, speak up on our behalf, but sadly, you and I both know that often times that hasn't happened. So here's a hypothetical situation: the veteran has, in the past, given the veterans service organization the power of attorney. The veteran's claim is then decided upon and, at least for the time being, it appears as though the issue in question has been resolved. Time passes until one day, the veteran is once again contacted by the VA indicating that the veteran's case is to be re-evaluated......... ARGH!! Can the veteran, at this juncture, take action based on their own initiative and respond directly to the VA themselves, thereby bypassing the veterans' service organization or does the veteran have to work through the service organization since we've already given them the power of attorney. In other words, once we give some other entity the power of attorney to represent us, do we lose the power to represent ourselves individually? Do we have to revoke the power of attorney that we gave the veterans service organization in order to personally represent ourselves and if so, what needs to be done to accomplish this?

I'm hoping the situation doesn't come up where I have to do battle with the VA again, but if it does, I want to be prepared and knowing where I stand on this matter seems to be part of the issue. As I alluded to previously, there are undoubtedly many other veterans who are in the same situation as me, those who have submitted previous claims paperwork through a service organization but who at this point are more than willing to handle any future contact with the VA themselves personally.

Thanks in advance for any light you can shed on this matter and keep us the great work.

(Name Redacted)

Former Proud member of A Troop, 3rd Squadron 4th US Cavalry, 25th Infantry Div- Cu Chi Viet Nam

Reply;

The Veterans Service Organizations like to tout what a great job they're doing and I always retort what a crock that is. I receive daily email from veterans who complain that their chosen Veterans Service Officer won't return their calls, isn't allowed to use email or has simply disappeared and been replaced by a stranger who has no clue of what has happened with a particular case.

In any case, at any time you wish you may begin to take control of your case.

I did just what you're contemplating. A few years ago my Veterans Service Organization "represented" me so poorly that I was losing a lot of ground and I began to correspond directly to the VA. I discovered that as my chosen Veterans Service Organization was still my POA of record, the VA would receive my letters and then copy it to send a copy to the VSO.

I assumed I'd hear from whoever my VSO was that week to question why I was doing this. After a year of progress (that I made alone and unassisted) it struck me that they hadn't noticed that I had taken control of my case. All that was happening was that I would mail in evidence, the VA would copy to my VSO and the VSO apparently filed it with no attention to it at all. They didn't contact me, ever.

Eventually I corrected all the many errors made by my VSO and I won my case. I got my award letters from the VARO and I was happy happy.

It was about a month later that I got a letter from some goofball at my VSO telling me the good news...they had won my case for me. I thought that was very special. The first communication from my “representative” in 2 years was a very bold lie taking credit for my hard work.

A year later, (as I began to write for VAWatchdog) I was bitching at them about something else and I had conversations with some of their management types. They made no apologies for the lack of email services, that I had 4 reps in 3 years and so on. Their excuse; “We're really busy.”

So...go ahead and do anything you need to do, you have the right to communicate for yourself. You don't have to go to the trouble of rescinding your POA although it may be a good idea to get that done so that they can't make any further errors on your file.

I still have my Life Membership card with that organization. That was pushed at me early on with the not so subtle hint that if I were a Life Member I'd get priority services. I wrote the check which I couldn't afford and soon after the VSO who sold that to me was replaced by another who had no idea who I was.

However, I do get a pretty slick magazine every now and then telling me of all the good that they're doing for me. I know now I should have taken the subscription to Popular Mechanics instead.

Jim;

I'm a veteran, 59 ½ years old with a service connected disability rating of 20%. I have NEVER filed a rate increase with the VA until recently when my service connected disability got worse. Then I filed papers to have my rate increased and file for Unemployable due to my SCD (service connected disability). Additionally, at that time, I also filed for my hearing, which was operated on during my service and the loss of one of my toes due to fungus. Oh, also, a connected to my back was also filed for a ruptured disk in my neck.

Now, the VA wants documentation/etc. from over 35 years ago. Names, places, doctors, corpsmen, treatment. I can't remember that far back. Can't get/keep a job because of my back. Don't sleep at night, tired in the morning, fell to sleep at work several times and got caught. Deal with (heavy equipment), can't lift them to install. Fill out job application, they ask my disability and I state my back and that's the last I hear from them.

They want the following:

Date of medical treatment during service.

Statements from any persons who knew of my disability while on active duty.

Records and statements from medical personnel; nurses, doctors

Employment physical exam.

Medical evidence from hospitals.

Pharmacy records.

Insurance exam records.

This is really a bad mark on the VA again! I have not bothered them in almost 40 years for help. Now that I need their help, the overwhelm you with paperwork that seems impossible to justify. However, I lost my job on Feb. 11, 2008 and don't have much time with the VA Process. And being out of work, I can't afford an attorney. What else can I do? Any advice?

Reply;

Everyone gets that letter. It's routine. You'll get a steady stream of letters for a few months, each one asking you for stuff you either don't have, can't possibly get or you already gave them. If you have submitted all your evidence, you can ignore the letters.

The best advice I can give is, don't sweat it. Eventually you'll get a letter called the VCAA notice. That's the Veterans Claims Assistance Act of 2000. It will ask you if you want them to move ahead or do you have more evidence? Tell them to move ahead and decide your case.

All too often that's when they'll decide to deny you any additional benefits. That's a good thing because now you can appeal the denial and hand that over to a lawyer. The lawyer will battle for you and this time you're very likely to win...with all your back pay except the 20% the lawyer keeps as his fee.

The system is way backlogged. They haven't forgotten you, your claim has 400,000 others in front of it.

I'm sorry to have to tell you that you don't have any choice but to wait. The VA has always been a mess. Then, after the Vietnam war both our military and the VA began to shrink. During the Clinton years, thousands were forced into early retirement. None of this can be blamed on the VA, they do what the leaders tell them. Congress cut funding every year until the VA was a shell of what it used to be...because we were so prosperous we'd never go to war again!

Then, 9/11 happened. Today the VA is as shell-shocked as we all are. Tens of thousands of new claims are being filed and thousands more are coming in each day. The VA is hiring some 3000 new people but it takes about 3 years to train them. So, there are 400,000 claims ahead of yours.

There is no way to speed it up. You couldn't hire a lawyer if you could afford one. The law doesn't allow you to use a lawyer until your original claim has been denied. That will take 1 to 2 years. Then a lawyer can take it over for you and that appeal will take another 1 to 2 years.

You'll hear from other veterans how you can write your Congressman or Senator for help. That's not true. They will be sympathetic and conduct an inquiry. The VA will reply in 45 days and tell them your claim is in the line with all those others. You'll get a form letter telling you to wait your turn.

If you haven't already, you should collect all the evidence you can. During the last 30 or 40 years you've been to doctors and so on...get copies and send them to VA.

The best thing you can do for yourself is to understand what's happening. Take an hour or two and read through my previous VA Watchdog articles. You'll be much better prepared for what's to come. There's a link in this email to the archives of my work.

If you don't have a good history of a back injury in the military and if you can't show a steady decline in your back condition, it's not very likely you'll be approved. The VA doesn't hand out awards on your word. You must present evidence. I've written about all that.

There is no question in my mind you'll be tied up for a minimum of one year, more likely two years and probably three or four years before you see a check, if then. It's a tough system under the best of circumstances and today the system badly broken.

If your SC condition is your back, things may go a little quicker but I wouldn't count on it. If you're 20% for your back, you may get a bump to 40%. Until you're at 60% or 70% you don't qualify for the Individual Unemployment (100% IU) category except in rare circumstances.

One thing you can do while you wait for VA is to file for Social Security Disability Insurance (SSDI). If you have a doctor who will write you a letter saying that because of your back you are totally and permanently disabled, SSDI may work work for you. A lawyer may take that on as a contingency fee case.

I wish I had better news for you. I don't gild any lilies though...it is what it is today and we just have to deal with it.

Jim;

I disagree with some point in your article. I am a veteran with almost 22 years of military service and a veteran service officer in the state of New York and accredited through the American Legion. Here in NY, you must have a DD-214(military service), be recommended by the local post, and County and District Levels. You must attend the state level or national level Service Officer Training with in one year. And this past year we had to pass a national test which was approved through The National Headquarter in IN. I have taken the TRIPs Training through the V.A. as well.

As in any demographics, there are people more qualified and better at a job than others. This situation is no different; however, we have to be first, accredited and second, must go through advanced training every two years or risk loss of accreditation. I feel very confident that the veteran, surviving spouses, and family member who come to a NY state American Legion Veteran Service Officer are getting very qualified assistance. I, like several other agencies wish that that we had more money for our office to get an assistant that can answer the phone and do some of the paperwork associated with the office. This way, I could concentrate on the client that’s in front of me or be doing some of the investigative work digging through 38 CFR trying to best serve our veterans. There are times when we do get backed up. I have things delayed for while waiting on more specific info or medical evidence from the veteran. There are times when you have to prioritize your efforts for terminally ill or pension claim.

Please put something in your article that does reflect that some organization (like the American Legion in NY State) have a more stringent guideline for the accreditation process and continuing education.

Reply;

Thank you for taking the time from your busy schedule to write to me. Of course, you are correct. Across America there are many outstanding, dedicated, and well trained Veterans Service Officers who do a very good job.

My frustration, and I believe the point of my piece, is that there is no national standard that will assure a veteran that the service he receives in another state is equal in quality to what he'll receive from your office.

That the AL has a high standard in New York is great. However, I see reports from veterans served by AL in other regions where the quality of service has been abysmal. I receive thousands of emails, some from your AL VSO colleagues, asking for help and guidance. Many can't spell, construct a proper sentence or, "THEY RITE TOME LIKETHES ANI HAVE TRUBLE REEDING IT."

You get the idea. I'm not trying to be mean or condescending. This is what I do and I see the results of poor representation every day. I will include your comments (anonymously) in a future Mailbag piece and as always, I'll present your thoughts with respect.

Thanks again for reading and then writing to me. Please keep up your efforts on behalf of our veterans.

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posted by Larry Scott
Founder and Editor
VA Watchdog dot Org

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