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JIM STRICKLAND'S MAIL BAG: VOLUME #14 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;
This is not exactly VA related but interesting Yesterday I had an IME
appointment for Social Security Disability. I arrived 20 minutes early,
nobody was there (doors locked & lights out). I waited thinking the doctor
may be stuck in traffic. 40 minutes after my appointment time I left a
note under the door stating that I was there and requested that they call
me and or my SS rep and left the phone numbers.
This morning I called the SS office and was told that they got a fax this
morning saying that I showed up on time and that the exam results were
going out in today’s mail. She was as surprised as I was when I told here
that there was no exam and nobody was there.
Ok, I have no history of Hallucinations, no mental disorders other then
PTSD and related conditions and I’m pretty sure I was not abducted by
aliens LOL!
I am a realistic person so I believe that there has to be some doctors out
there that would fudge reports from time to time but I am having a really
hard time believing that a doctor would attempt to not show up at all and
then still turn in all the paperwork as though he/she did an exam that
never took place, especially without first talking to the person in
question.
I am curious if you guys have ever heard of anything like this before?
(Signed) More confused then normal
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Reply;
This morning I would have told anyone interested that nothing surprises me
any more. I'm just too jaded from dealing with the VA for too long. You've
shattered that illusion. I don't know whether to laugh or cry at your
circumstance.
If you're sure that no alien abduction was involved, it might seem that
you've uncovered a charlatan practitioner. That the quack seems willing to
fake an exam for a fast buck isn't surprising. That he was dumb enough to
not chat with you prior to faxing the SSA is pretty amazing.
I'm betting the doctor attended the Governor Eliot Spitzer school of “How
(Not) To Cover Your Ass When You're Doing Something Stupid”, but that's
another story. To be honest, I hate this for you. I'll bet that someone
will eventually need a statement from you as they pursue charges against
the guy.
The other option is that he may have been at another office and this was
an honest mistake caused by a secretary faxing the wrong info about the
wrong patient. It's always the new secretary who is to blame.
I'd advise that you be *very* careful about what you say and who you say
it to as this unfolds. You can bet that someone will try to shift blame to
you.
Jim;
I recently won a case with the VA that retrograded my disability back to
1993 when I first applied for it. In the VA decision all 9 of the
disabilities were denied but one…PTSD. The PTSD disability was placed in a
deferred status until more proof was shown. In 2005 I finally figured out
that the proof was my CIB which was convieniently left off my DD-214. I
applied for a change and received my DD-215 with my CIB and 3 other medals
that were left off my 214. After reciveing my 215 and submitting it to the
VA I had no troubles getting my rating. I understand why the PTSD was no
problem cause it was in a deferred status but the others were denied. As
of today and several years of submitting paperwork and medical records I
received disability for 3 more of the original nine. The question that I
have is can any of the other disabilities that I applied for be
retrograded back to the first time I applied for them?
Reply;
The best answer is "maybe".
The oft used approach is to file a claim that says that VBA made "Clear
and Unmistakable Error" back then. The CUE claim is the most challenging
of all. Not only do you have to prove that you deserved the benefit under
the law of the era, you must show how VBA ignored or violated the law. I
can't imagine approaching a CUE and winning without a lawyer. Even then, a
great lawyer should tell you up front what your chances are.
In your case I can imagine VA testifying that your evidence changed, the
214 to the 215, and with the correct information they then granted you the
deserved benefit. With the info they had at the time from DoD, their
decision was the proper one.
Your best bet is to seek good legal opinion and proceed from there.
Jim;
I'm a veteran in need of help i have been going to the ptsd session every
wednesday here at the va hospital and meat this guy Mike that gave me your
name and web site to ask for help. Here is my problem i'm 80% disable 70%
for ptsd 10% for shell frag to the head. I was told by a few vets that i
should put in for 100% unemployability witch i did and was rejected. I
need this help because i been out of work now for 10 month was forced to
retire from my last job and find it hard to get another job i just can not
work anymore i need to visit the va center two or three times a week. for
the ptsd sessions. anyway what should i do to appeal this decision what
steps i should do etc. Thanks for any help
Reply;
You need an attorney. You deserve the 100% and I have no doubt you'll get
it but you'll have to have some help. Your situation is complex enough
that you should be represented by a lawyer. The good news is that a lawyer
doesn't cost anything unless he wins your case. Then he'll get a
percentage of back pay. It's well worth the effort. Now that you have a
denial, it's a great time to get a lawyer.
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Scott
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