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JIM STRICKLAND'S MAIL BAG: VOLUME #35 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 a veteran who reopened my claim in January of this year. Some of my medical problems have worsened since my original claim. I'm rated 60% now.

I'm also asking for consideration for "unemployability". I know there is a backlog of claims; however, I'm uncertain how to track progress on my claim on record at the Seattle VA.

I'd appreciate any advice you may have for me. Thank you.

Reply;

There is simply no reliable way to "track progress" of your claim.

As a rule, your claim will be acknowledged upon receipt. You'll receive a letter and the file will have been assigned a unique number that you'll use to identify your claim in the future. As time passes, you'll receive other letters apologizing for the delay or asking for more evidence.

Depending on how much delay is built into your claim by the need for VA to search for records on your behalf, your claim may sit undisturbed for weeks or months. As evidence in the form of records accumulates, that will be added to your folder but probably not evaluated.

Eventually a Veterans Service Representative (VSR) will assess whether or not your file is complete or "perfected" and it will move into line for review by a Ratings Veterans Service Representative (RSVR). The RSVR will evaluate your file and if it is complete, the RSVR will adjudicate by deciding if you qualify for an award, how much that award will be or if you will be denied.

A few keystrokes on the computer and your file moves on to other stations for finance, letters are generated notifying you and so on. The RSVR will likely accomplish those tasks on about 5 folders during that workday.

During the waiting to get to the desk of the RSVR, your file is mostly static. It sits in a cardboard box, stacked in an enormous holding area with thousands of other folders waiting their turn. While the handlers of these files are supposed to understand the system in place and are able to retrieve a file on short notice, this information isn't usually shared via computer with the people who answer the telephones.

This is why I don't recommend calling to check up on your case. It's likely that the person you speak to won't really have any idea of where your file is or what is happening to it.

If the VSR or RVSR needs information from you, they'll call you. As a rule, they won't respond to calls from you...if they did, they would be on the phone all day listening to complaints and wouldn't ever satisfy their work quotas.

If you write a letter to the VA asking the status of your claim, the letter isn't likely to be read but instead will be filed away in your folder awaiting its turn at the desk of the RVSR.

I recommend you don't attempt to track your case progress. There really isn't anything you can do to speed it up other than to submit as much good evidence as you can early in the process. If you have copied and delivered your medical records in a format that's easy to read and neatly presented, your file may jump ahead of others.

Otherwise, communications with VA should be akin to a tennis match...you hit the ball to them and then you wait patiently for them to hit it back. If you've followed my advice and used certified mail with a return receipt requested, you can be sure your papers are there, waiting in that line.

Today's VBA has a backup of some 400,000 to 600,000 files awaiting adjudication. VBA rarely responds to your pleas of financial hardships or any needs for benefits for your dependents or anything else. The VBA attitude is overwhelmingly that of, "We'll get to it when we get to it and not one second before. If you bug us with daily phone calls and if you start to call your Congressman, the OIG and Vice President Cheney about your case, we'll do our level best to slow it down even more."

Every veteran who has contemplated filing a disability claim would be well advised to do it now. The wait time isn't improving, it's getting worse by the day. The best way of assuring a relatively smooth ride is to b sure you've crossed all the T's and dotted all the I's. You would be amazed how many claims are delayed for lack of a signature or an incorrect address.

The patience of a saint and the tenacity of a junkyard dog are the 2 best virtues to have when dealing with VBA. If you do your part of the task well, you'll win...eventually. Plan on 2 to 3 years and you may be very nicely surprised when your claim is resolved in only 20 months.

Jim;

I have to say after reading the VSO’s letter on May 7,2008, I was quite taken aback. I would have been so lost had you not stepped in and helped me. My VSO wouldn’t help and as you know, I had fought a long time. You showed me what to do and it worked. My husband is now 100% Permanent and Total because of the letter of disagreement you helped me with. I will never be able to thank you enough and I just wanted to let you know, that I have applied for state benefits and we are in the process of getting everything done . I appreciate your help and am truly thankful to know that there are those that actually care, instead of those that pretend to care. You’re awesome and thanks again.

(Name Redacted)
Wife/Advocate of Injured OIF Soldier
Member of Veterans and Military Families for Progress
National Military Families Committee
www.vmfp.org
Member of Iraq and Afghanistan Veterans of America
www.IAVA.org
PAP member with Coalition to Support America's Heroes
www.saluteheroes.org

Reply;

Thanks for those kind words.

I don't take offense when I receive such. I'll confess it worries me though. If that Texas VSO has been representing veterans over a period of time, imagine what the claims must look like.

I'm a harsh taskmaster when it comes to communication of the written word. I'm harder on myself than anyone else. It's silly but I'll agonize for hours if I catch my own errors of spelling or grammar.

I don't criticize those veterans who write to me when they make mistakes. If they can communicate and get their point across, that's good enough for me. A veteran may not have spent a life in an environment that required a high level of reading and likely possesses skills I wouldn't dream of being capable of.

However, if an individual writes to me and professes to be a professional who will represent our brothers and sisters to adversaries who are always looking for any reason to deny or delay our claims, that person had best be able to write to me clearly, succinctly and professionally.

Much of what advocates accomplish is based on the credibility of that advocate. As often as not, anything we submit on behalf of a veteran may be read by dozens of others, including lawyers and judges. How much credibility can we expect to have if we can't spell?

I'm pleased to hear that you're now moving toward getting those benefits from the state. I hope your veteran is doing better now that these stressful issues are resolved for you. Please give him a salute from me and remind him that a VAWatchdog is standing by should he need us.

Jim;

You have helped me in the past with specific advice, as well as your archives providing help in solving problems.

I am an 80% IU/PT vet. I applied last April for ILP. In December I was granted the ok to have a therapeutic hot tub installed in my bathroom for pain management. 2 contractors came out to give bids. In January the work started, the contractor promised to have the work done in 4 weeks. At the end of the 3rd week I contacted the ILP case manager with a punch list of 30+ items. All this was documented using email. The next day the ILP manager contacted me to say that the contractor was coming over to look at the problems I had documented. As we started the walk-thru I could tell that she (contractor) was upset. They had to take out the bedroom door to get in the tub. The door was 30 years old and had to be replaced. They cut out the old jamb using a sawzall, destroying the drywall. She would not replace the drywall but was going to patch. I will need to send pictures if you look into this to see the damage. In the bath itself, they left the air vent next to the toilet, so when you use it you have to stand on top of it, or when sitting down your right foot is on vent. The vent has cracked twice so far. The sink electric socket is under the vanity and you can only use one sockets. We went over another 5 items when we came to the shower, I asked her why there was not a light in the shower. She stated "that you can't put a light in there, that you'll get electrocuted". She said that she was not fixing anything on the list that everything was up to standards of the contract with the VA. I had been authorized a new water heater, 80 gallon. The drain on the tub does not work.The current water heater was old and did not fill up the tub, got cold water about 70% filled. She said I did not need one, that my water heater was good enough. At this time I asked her to leave my home, I was very upset. I was frustrated to the point of crying. I have been diagnosed with anxiety, mental depression, so this only made matters completely untenable. She called the VA and said I threatened her, or made her and her carpenter scared. I only asked her to leave my home after she told me about the electric light could not be installed in the shower, I could not take any more lies. I have had strokes, I can barely stand and can't use my left arm. So now I have a 25K bathroom that does not work. I feel she did it to cover her back side with a plausible story-just my guess.

There is so much more to this story. I was later to find that she bid $24,999 on the job. I was shocked. I had another contractor give me a price on what was done in my bathroom and he would have bid $8500 tops. I also found out the reason she did not want to install a new water heater. She wanted to bid seperately for the installation, to the tune of another $2500. That it would have impacted her profit on the 25K. Please read article below, it talks about how money is tight for ILP and other issues. If their was any kind of oversight on this job, two other vets could have had a tub installed for pain management.

Status as of today: The ILP manager has sided with the contractor. That it is my fault that the problems were not fixed by this contractor. I requested a new contractor and was denied. They are sucking the system dry. Follow the money. I stopped all work, contacted the VA OIG, a less than professional employee said I might find something out in 60 days.

I am running out of steam here, Jim. I need help in getting this story out. If you feel it is newsworthy that IU vets are at the mercy of unscrupulous contractors and suspect VA employee's and programs then please assist me. There was no VA oversight on this job. You would think they would have a project manager, at least.

I look forward to your response.

P.S.

They paid the contractor inspite of the fact that the job was not completed. (25K) VA INDEPENDENT LIVING PROGRAM UPDATE 01: On 15 APR Senator Daniel K. Akaka (D-HI), Chairman of the Veterans' Affairs Committee, introduced the proposed Training and Rehabilitation for Disabled Veterans Enhancement Act of 2008 (S.2864). The bill stems in part from a 5 FEB 08 congressional hearing on vocational rehabilitation, as well as Committee oversight. In addition, it responds to a DEC 07 VA Inspector General report. If enacted, this bill will improve the Department of Veterans Affairs' Independent Living (IL) program conducted under the authority of chapter 31 of title 38, United States Code, which serves veterans whose disabilities render them unable to work. VA's IL Program wa first established in 1980 by Public Law 96-466, the Veterans Rehabilitation and Education Amendments of 1980. Initially, that law provided for the establishment of a four-year pilot program designed to provide independent living services for severely disabled veterans for whom the achievement of a vocational goal was not reasonably feasible. The number of veterans who could be accepted annually into the pilot program was capped at 500. In 1986, the program was extended through 1989 and then, in 1989, it was made in Public Law 101-237, the Veterans' Benefits Amendments of 1989. In 2001, the 500 annual cap on enrollees was increased to 2,500. The VA's Inspector General found, in a report issued in DEC 07, that the effect of the statutory cap has been to delay IL services to severely disabled veterans. This delay happens because VA has developed a procedure that holds veterans in a planning and evaluation stage when the statutory cap may be in danger of being exceeded. By removing the cap on the number of enrollees in the program and making it an official objective of the program to improve veterans' quality of life Akaka believes it will lead to bettering program participant's chances of rehabilitation and future employment. [Source: SCVA Press Release 15 Apr 08 ++]

Reply;

That's an amazing story. I'm very sorry you're having to cope with all that. You can bet I'll publish this as a warning to other veterans.

I've heard similar bad events about using your VA benefits to purchase a home. Most of us think that VA will take the time to protect us in some way and as it turns out, that isn't usually the case. Yes, they require a home inspection to ensure that the property is in decent shape but depending on the state you live in, a "home inspector" may have minimal training, licensing or liability. All too often, once you accept the keys and sign those contracts, anything that crops up later is your problem.

"Let the buyer beware" should be emphasized any time you think of home renovations whether funded by VA or not.

Jim;

The organization I belong to referred me to you. I have a PTSD exam this Thurs. May 1st and I'm not quite sure how to act, if you want to put it that way. I have info from the Joint Services Records Research Center verifying my stressors, namely being blown up in a bunker, shrapnel being imbedded in my pillow at and a firefight at engaging the enemy and casualties being reported. Also they listed over 200 rocket and mortar attacks while I was stationed at those particular bases.

My case is in remand at Wash, D.C. and has been ongoing for 5 years now. Everything else seems to be falling in place as far as info I've provided, validating my stressors and sending any and all documents they requested. I thought I was home free after all that but now this exam has me worried. Do I act calm, aggressive, nuts or what? I'm not a very good speaker- especially to strangers that aren't on my side. Any advice would be greatly appreciated. The local DAV here is my rep. but my man said just relax and go to the exam. I guess they can't go with you. Thank you Jim- I'll await your answer. Nervously I wait!!

Reply;

There is no right way to act. I often stress to anyone getting ready for a C & P exam...whether physical or mental health, that you want to be prepared to tell the examiner just what your issues are. Often enough, a "cheat sheet" will help. Make a few very brief notes for yourself so that you don't forget an important part. How many times have we walked out and an hour later thought, "I should have told him....."

I also advise that you never exaggerate or "fake" anything. Being straight up and truthful is always best.

Having said that, don't try to be macho. All too often the examiner will ask you, "How are you today?" Our typical, conditioned, polite response is usually, "I'm fine doc...never been better."

This isn't the time to talk about your good days, this is the time to focus on the worst of your symptoms and not hide anything.

You tell me that your stressors are identified and that is probably the most important key to winning your benefits. The C & P examination is subjective...one examiner will see it differently from the next examiner.

I can also tell you that no matter what you say or do, you may not be happy with the rating you receive. That's OK. It just means an appeal will be necessary and that is almost the accepted routine today. Most appeals win more benefits. Just think of all this as part of the drill and don't sweat it and you'll do fine in the long run.

Your rep was right...relax and do it, don't worry about it. Yeah, I know that's easy for me to say but it's true. Worrying yourself will get you nowhere. Being prepared by understanding the routine is best. Benefits through VA should be seen as a lifetime project, not a quick fix for anything.

Most important...keep up your treatments. Work with your counselors and give them trust.

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

posted by Larry Scott
Founder and Editor
VA Watchdog dot Org

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