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JIM STRICKLAND'S MAIL BAG: VOLUME #28 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...

-------------------------

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 am an army retired veteran of 20 years. I retired in 1996 and received a disability rating of 10% . I have several injuries substained while I was in the military, but I was only awarded this amount. How can I resubmit for my rating? Since I retired my injuries have grown worse and I am constantly in pain mainly because of the arthritis in both knees, wrists, elbows and ankles. I played a lots of company, battalion and post level sports with my units and sustained my injuries that I am paying for now with constant pain. I have lost probally 50% of my hearing, I am missing 60% of my teeth, constant ringing in the ears, and wife states that she constantly watches me toss and turn while in bed. I never get to sleep until 3 or 4: am . Then I have to get up drive 50 miles to work every morning. Here is phone number, call me anytime.

Reply;

I don't do many telephone calls. Although I'm sure you and I would have good conversation, it really doesn't provide a good record for you and won't help as much as a couple of emails might.

Taking care of securing an increase of your benefits is actually pretty simple. It takes some work, tenacity and a lot of patience.

The VA benefits system is backed up. I estimate that from the time you first file to the moment you're happy with what you have will take a minimum of one year and as much as three years. There are 400,000 claims in line ahead of yours today. The sooner you file, the better. Filing sets the start date of benefits. Anything you win is retro to that date.

I recommend to most veterans that you should do it yourself (DIY). You have the option of contacting a Veterans Service Officer (DAV, VFW, AL, MOPH, etc.) to hand over Power of Attorney to them. I don't recommend that approach unless the veteran isn't able to comprehend the forms required or can't use a computer.

There are many tricks to be successful in getting the highest possible benefit award. I've built up a library of my work that's archived at VAWatchdog. There's a search tool right there that will seek out key words on VAWatchdog for you. A link to those archives is on this page. I'd strongly advise you spend time doing some reading as you complete your initial application...you'll then have a good feel for the task at hand.

My articles offer the reality of the system. The DVA has it's own web site here http://www.va.gov/  and there's plenty of info there.

You'll begin by downloading, printing and completing this form http://www.vba.va.gov/pubs/forms/VBA-21-526-ARE.pdf

Once you've completed it, use certified mail, return receipt requested to send it to your VA Regional Office. You can get that address here http://www1.va.gov/directory/guide/home.asp?isFlash=1

I recommend only certified mail, no faxing, no email, no phone calls. All that is covered in my previous work.

At the same time you are doing this, contact http://www.archives.gov/st-louis/  to begin gathering your records. VA will also do that but you'll want your own copies.

If you have sought health care for any reason since your discharge, whether civilian or VA...get those records.

It's just that simple. Once you mail the 21-526 form to your VARO you're off to the races. They'll notify you that they've received your claim and assign a number to it. You'll soon have regular mail from them requesting evidence, notifying you of your rights and so on.

Now the waiting begins. You may wait a year with nothing happening and you'll believe that you've been forgotten. The reality is that your file is in a dark room in a box waiting it's turn to be adjudicated.

While you wait, seek out as much VA health care as you can. Go to your local clinic and get appointments. That will result in more frustration for you as they'll be backed up too. But...you need the records that will be created and if you're going to have to wait, you might as well start now.

Jim;

I am presently recovering from the removal of my prostate gland. I was told by a nurse and a friend that this could be an 'agent orange' issue. I do remember receiving something from the Veterans Administration a number of years ago stating that the area I was stationed in was connected to agent orange use. I was stationed in Cam Rahn Bay and made courier runs to NaTrang and surrounding outposts where burnt rubber tree plantations were evident. You have a great web-sight and I thank you for the time and effort you have given to those of us who served. Have a great day....

Reply;

If you are a Vietnam veteran and you are diagnosed with prostate cancer, you are eligible for a benefit "presumptively". You don't need to prove that your prostate cancer was caused by AO, the DVA has ceded that it probably was.

Click here http://www.vba.va.gov/benefit_facts/Serv
ice_Connected_Disabilities/English/Presumpeg_0307.doc

You must file for your benefit. You should be covered at the 100% rate while in treatment and a lower rate after recovery. You can fileyourself, use a Veterans Service Officer or just call the VA and they'll help you. 1-800-827-1000 is a good place to begin.

Jim;

I just recently became aware of VA Watchdog and I have only seen your most recent articles concerning the CVSO’s NSO’s in Ohio. Before I continue I would ask that you shed some light on your background as a veterans advocate. (I am a CVSO in Ohio.)

Have you ever filed a claim for a veteran and have you worked that claim from the initial application to the award? If the claim was denied have you filed an appeal and followed the claim through the appeals process to the BVA or beyond?

Besides being a veteran yourself, what other qualifications, experience, education, credentials do you possess that would qualify you to place in judgment the CVSO’s and NSO’s in Ohio (or anywhere else)?

Awaiting your reply.

Reply;

I'm not a VSO, I do not represent veterans to the VA. I am a disabled veteran who became disgusted with the way my claim had been handled by VSO's over the years. To win my claim ultimately required that I fire my representatives and become educated as to how to handle it myself. After correcting numerous errors that occurred in a 4 year span, I won my benefits at my VARO by DRO review.

I served in the Army 1967-1970 as a 91D20 Surgical Technician. I'm not a Vietnam veteran, I served in Germany.

After my honorable service I attended college at U of F and UTSA along with a couple of junior colleges. I have no college degree.

I worked in health care in civilian hospitals using my excellent Army skills and training. I specialized in heart and vascular surgery procedures as an assistant to surgeons. As my career progressed I started climbing corporate ladders to management positions, ultimately becoming a VP of a large cardiovascular medicine, surgery and business consulting firm.

Along the way I managed heart health programs in Houston, Atlanta and other cities. I also worked with a major medical device manufacturer in Boston. I was a field service clinical educator and interacted with the FDA.

I was forced into retirement by my health in about 2002. I began to write and blog about all things that concern veterans about 3 years ago.

I had time to fill after 2002 and I began to work as a volunteer at my VA CBOC as well as my VA hospital. I volunteered to consult with DVA as they began to develop the HealthE-Vet web site http://www.myhealth.va.gov/  and I participated in research in D.C. As well as on national conference calls with DVA leaders to promote and refine that effort.

I work closely with the Library of Congress' Veterans History Project http://www.loc.gov/vets/  and I've been very fortunate to have interviewed numerous heroic men from 4 generations of American warriors. I'm sponsored by the VA Voluntary Services in that project and in 2006 I was a local Volunteer of the Year by VAVS.

I also ride with Patriot Guard Riders to honor veterans. http://www.patriotguard.org/

My father is a retired Marine, my stepson has recently returned from 16 months in Ramadi. I live near Ft. Stewart and Hunter Army Air field so I'm blessed to meet with active duty soldiers often.

I was picked up as a columnist at VAWatchdog about 2 years ago. Larry Scott and I met on-line and he generously offered me bandwidth on his site. The VAWatchdog site is very popular, second only to the DVA web site itself for its niche. I receive no remuneration of any sort for my efforts. My work is freely available to anyone who cares to republish it and it's to be found on many veteran-centric web sites.

I promote that any veteran who is able to is likely better served by taking care of his own claim than using a VSO. I coach, I teach, I lecture on how to do so.

The reason I believe that is because there is no national standard of quality across America to ensure that veterans will receive a reasonable service when choosing a representative. While you likely do an outstanding job, 200 miles from you a veteran may choose a part time volunteer VSO who he meets at a VFW bar. There is no standard.

If a veteran isn't capable of a DIY handling of his case, I always recommend that he contact a state or county VSO...never a representative of any of the "Veterans Service Organizations" that so often fail to provide the service needed.

As you take the time to read through my past work, you'll probably notice that I often go to great lengths to connect veterans with county veterans service offices.

Contrary to what you seem to think, I did not, "...place in judgment the CVSO's and NSO's in Ohio". I was contacted by a number of people who are in Ohio and I was asked to review the pending legislation there. I have openly offered my thoughts about the system that is failing veterans in your state and others.

In researching why Ohio is dead last or near last in a number of areas important to veterans, I've had conversations with the governor's office, a number of veterans activists and Ohio CVSO's.

I've recommended to the governor's office that the current system is problematic. My recommendation is that Ohio (and others) do away with any financial support of the Veterans Service Organizations (they have plenty of money) and turn that money over to the county system that is often strapped for cash. Then, if a veteran comes to you to file a claim, you interact with DVA as his POA representative. If a veteran chooses to work with DAV, VFW, etc., that's all well and good but they would not be funded by the state of Ohio.

If the veteran chooses to DIY his claim, just as I did, good for him.

I've also recommended strict quality controls be placed so that productivity, a win/loss record and other parameters that measure how well a given county office is representing veterans be tracked and tweaked as needed.

Although I don't "file" claims or represent veterans, my desk is stacked with the mistakes of others. I'm currently working with Congressional offices in 3 states to correct flawed decisions and I work with lawyers who I turn work over to. Veterans who I've coached or helped with letters win.

I believe I'm exceptionally well qualified to comment on the state of the services provided to veterans across America, as well as in Ohio. I am well studied and experienced on most of the issues and I am in daily communications with upper level management DVA-VBA employees, Ohio CVSO's, QTC examiners and VHA staff. There are very few people who are as involved as I am to the depth I am.

And...I hear from a *lot* of veterans who keep me well aware of the reality of our world across America.

Jim;

Thank you for the excellant article/email from the individual about the VA form 21-0172. I was unaware of it and the fact it could help me with my taxes. I went to my County VA office this morning to request one. Man, did I open up a box of confusion. They were unaware of the form and called the RO for me, so I could request it over the phone-from them. The lady at the RO had no idea what it was/is. However, she informed me that I was not P&T, because I was only rated at 80% and had future exams scheduled. (I am IU 100% P&T, Dependents education authorized, no future exams scheduled-per my written rating decision-since March 2000).

While this phone call was going on, the County VA official had a copy of my rating decision in her hands and was pointing out a sentence that states: "Basic elgibility to Dependents Education Assistance is granted as the evidence shows the veteran currently has a total service-connected disability, permanent in nature".

What a mess. The sad part is the VA contracted a home evaluation of me out to QTC. As surprising as it may seem, they confirmed I am P&T and unemployable.

It would be nice if the VA's right arm knew what its left arm was doing. So, made a request to the RO this morning in writing for a copy of VA Form 21-0172. Will have to see how that goes.

Sorry for the lengthy email-just wanted to say keep pushing for the vet's as we need every bit of help we can in dealing with the VA.

Reply;

What a vision you sent me. Mass confusion, near hysteria, unintelligible mutterings from sweet little ladies just trying to get along.

Just another day at your Veterans Affairs.

And civilians wonder how we came up with such acronyms as SNAFU and FUBAR.

-------------------------

posted by Larry Scott
Founder and Editor
VA Watchdog dot Org

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