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JIM STRICKLAND'S MAIL BAG: VOLUME #11 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...

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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 am a retired disabled Navy Veteran. My only income is VA Compensation and SDI. Last October, I read an article in our local paper that the Dole/Shallala report to President Bush recommended several changes to the VA Compensation paid to our disabled Vets.. One of the recommendations, was to increase VA Compensation up to 25% depending on the disability.

I have called the VA, VFW, DAV and they can not give me answer on when this increase is going to start, if ever. I was told by the VFW not to hold my breath. I am hoping that you can give me an answer, or lead me in the right direction on who to call.

Reply;

It appears to me you have the correct answer. The VFW got it right. However, it's worth pointing out that it wasn't the Dole/Shallala report that issued the recommendations to improve disability benefits, it was the Veterans Disability Benefits Commission (VDBC). It's easy to get the two confused, I've too often done it myself. They were both in the press at about the same time.

The Dole/Shallala Commission (President's Commission on Care for America's Returning Wounded Warriors) ultimately issued 6 recommendations that have been lent some small attention. Read more here http://www.vawatchdog.org/07/nf07/nfJUL07/nf072607-4.htm  There have been some improvements in the way that DVA and DOD are caring for Post-Traumatic Stress Disorder and Traumatic Brain Injury conditions.

Much of what was recommended by the VDBC has been ignored. The VDBC home page is here http://www.vetscommission.org/index.asp

The National Organization of Veterans' Advocates (NOVA) found that "the Commission’s recommendation of utilizing an interim approach to increase compensation rates 25% as a baseline benefit for loss of quality of life is reasonable." You can read more on the NOVA review of both reports here http://www.vawatchdog.org/07/nf07/nfDEC07/nf122307-3.htm

The reality is that veterans will continue to see our benefits erode. When one closely studies the recommendations made by these various commissions that are advertised as being there to improve our lot, you discover that the only "improvements" that are given consideration are the ones that cut the budget.

Jim;

I guess I am like many Nam Vets, who, with a 70% PTSD rating plus IU, I find myself constantly searching the recent news, waiting to find out if my secure world is going to crumble. All the new fingers going into the VA benefits pie in the name of improvement keep us all on edge. Do you ever foresee a time in the future when we can rest easy? Thank you, thank you, for all you do.
 

Reply;

In a word; No.

No rest, no peace, no secure place where we can breathe easy. We who gave so much are destined to continue giving and that's just how it is. Unless and until one has worn the uniform, the obligation and honor of what we face can't be understood.

I'm not a doom and gloom guy but I see reality very clearly. This is our lot and it's up to us to make the best of it.

That isn't all bad though. If we remember who we are, we win. For all the BS I've put up with dealing with the VA, there has never been one second in my mind where I wish I hadn't done all I did. This may be a terrible thing for me to confess to but I am a veteran, therefore I am a superior being to any non-veteran. Even with the crap and nonsense from VA, I am a better human than non-veterans.

I've done things and accomplished things that no person who wasn't in the uniform could even dream of achieving. More than that are my brothers and sisters who, like me, are part of the most exclusive club of warriors that have ever walked on this earth. To be a member of our club makes me 10 feet tall and if I'm not bulletproof, I'm close.

The VA could take my benefits away tomorrow but they can't take away who I am.

I just returned home from picking up my best friend at the VA hospital. He has Agent Orange non-Hodgkins lymphoma and it keeps trying to kill him. He was...is...a Marine. When we're together the way we cover each others back hasn't changed since basic training. We didn't meet until a few years ago but we've known each other since the moment we took that step forward. We have families, wives, kids...none of them know either of us as well as we know each other.

The beauty of being a Veteran is to know in your heart that no matter what they try to do, they will never be part of our club. You can join Kiwanis, Lions, Rotary or maybe a thousand others but not just anyone can be a veteran.

We are one. Don't let the bastards get you down.
 

Jim;

I have cancer,surgar and some other problems. The VA gave me 100%.rating They are treating me my for problems. I lost my job and insurance, so I file paper work to CHAMPVA FOR MY WIFE they said she is not eligibilit because my cancer may be treatable. My wife is in poor health. It takes most of my va check to pay for her treaments and I give my life for her. We will be married 40 years in july. So if the cancer kills me she will get CHAMPVA. Do you think that is right?
 

Reply;

It appears that you have been given a temporary rating of 100%. You may have words in your award letter that say, "scheduled for future examinations" or similar language. If your award letter says, "no future examinations scheduled" that will be an important difference.

The rules are that veterans who have conditions that are rated as permanent and total (P&T) are eligible for dependent's benefits like CHAMPVA. If VA believes that your condition is treatable and that you may reasonably see improvement from treatment, you are not P&T and aren't eligible for dependent's benefits.

This is often the case with many cancers. Many cancers are treatable and after treatment the patient may not be 100% disabled. Prostate cancer is one of the most likely cancers to be rated this way.

The VA won't respond to any plea that your wife needs a benefit. From the VA point of view, you are either eligible for a benefit or not because of your condition and her need isn't relevant.

If you'll give me some details about your cancer, dates of diagnosis and so on, I'll do what I can to assist you.

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posted by Larry Scott
Founder and Editor
VA Watchdog dot Org

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