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JIM STRICKLAND'S MAIL BAG: VOLUME #36 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 JUST READ YOUR RESPONSE TO THE CVSO IN OHIO. "WOW"--- WHAT A GREAT COME BACK. IT WOULD BE INTERESTING TO KNOW HIS CREDENTIALS AND EXPERIENCE AS A CVSO. YOUR RESUME IS VERY IMPRESSIVE. WE LOVE YOU FOR ALL THE HELP AND SUPPORT YOU GIVE TO US VETERANS. GOD BLESS YOU.

Reply;

Thanks for your kind words.

That exchange has generated much more interest than I expected. That Ohio CVSO had every right to question my credentials and I'm happy he did.

I want every veteran to question the credentials of every VSO in a similar fashion.

I do wonder how he'd react to a veteran getting in his face with the same questions he posed to me? I have a sneaking suspicion he wouldn't be as candid, open and honest as I was. It's easy to take cheap shots on the Internet when you're anonymous. I publish my name and mug shot for all to see.

Sometimes that brings a handshake, sometimes not. I was a little surprised a week ago when a friend introduced me to a "ranking" member of a Veterans Service Organization. He looked hard at me and told my friend, "Yeah, I know him." and he turned and walked away.

I wasn't too surprised. I stand up for veterans, not for any organization. That isn't winning me any popularity contests amongst the groups that huddle together, patting each other's back and feeling warm and fuzzy in their cute little caps, vests and all the shiny "flair" they wear.

But...that's OK. There's work to be done and I'd much rather win a claim than attend a good-ol'-boy meeting any day.

Jim;

how much is the monthly DIC benefit? Thanks

Reply;

I'll let you read about DIC for yourself. This is good stuff.

Click here;
http://www.va.gov/
and then;
http://www.vba.va.gov/survivors/index.htm
then;
http://www.vba.va.gov/bln/dependents/spouse.htm
then;
http://www.vba.va.gov/benefit_facts/Dependents_and_Survivors/English/DICeg_0107.doc
and scroll down to the question,
"How Much Does VA Pay?"

Jim;

I wanted to let you know, that I got a call today from the VBA. They have reviewed my husband's c-file, and have changed their decision from (temporary) continued, to PERMANENT AND TOTAL. I was ecstatic. I want to thank you for everything and to let you know that it will never be forgotten.

I was told I would receive the letter next week, but they wanted to inform me ASAP. Now, is it over, or what can happen next?????? My husband wanted to let you know, how much he appreciates your support and your help. I was at my wits end, and now, it seems that the weight may have been lifted a little.

I would have never been able to do this without you. So thank you and God Bless you.

Reply;

Your husband was injured during his OIF duty. His ordeal began there and continued through the “scandal” at Walter Reed Hospital. You were one who testified before the Congress about the issues of Walter Reed.

When he was handed off from Walter Reed to the VA you had hopes that life would settle down a bit. It didn't.

Typical of the VBA he was classified as 100% disabled as a temporary benefit and future examinations were to be scheduled. This added to his significant stress and withheld any possibility of dependent's benefits.

When you contacted me I reviewed all your data and it was immediately apparent that there would be no reasonable expectation of any future improvement to his condition. He was and is a badly injured veteran and his condition is combat related.

It's becoming more apparent that we're making a lot of promises to young veterans that aren't any more than just whitewash. Yes, you get some free health care. Yes, you move to the head of the line to process your application for disability benefits. Now we hear that VA will call you to tell you that you have benefits waiting for you.

The reality is that once you apply, you're as likely to receive a badly flawed decision as any older veteran. Your rating will be too low or you'll be denied or your traumatic brain injury will be listed as a temporary condition that VA expects to improve.

We appealed at the local level using the DRO process. In less than 2 months, you received the notification as you report it above.

While getting a decision that was so obviously wrong fixed that quickly is unusual, it can be done. To do so requires getting the attention of a single decision maker who has the authority to use his or her common sense when giving the file a de novo review.

The Decision Review Officer is a senior person with skills, education, training and experience to understand a much bigger picture than most raters. The DRO may even be the manager of the VARO. As a rule, a DRO understands that if a flawed decision is continued, it will be back for rework again and again until it's made right. The BVA and the COVA are remanding cases and deciding veterans appeals favorably every day.

I'm very pleased that this is finally done right for you. However, you've been in the fight for almost 2 years. He was in country and in battle for less than 1/3 that time when he was injured.

It's simply and plainly wrong that any veteran should need to go to war with their own government and that the fight should go on for longer than the original skirmish took to be wounded.

Our VA should be faster than any IED, RPG or 7.62 round. There isn't any mystery to most of this stuff. If you're in the uniform and you have a condition that is easy to see is related to your service, that should be it....end of story, you get care and compensation.

Jim;

Personally speaking, I think the VA would rather hear from the veteran than a slick attorney or a poorly informed VSO.

VIETNAM-ERA ONLY 65-71

A word on Agent Orange to those VSO's who don't know squat. Any veteran can collect a disability as long as they show that AO was used on their base. The government sprayed AO one way or another on almost every US base. If the sprayer had some left he dumped it into the ground and eventually into the base drinking water.

A DAV VSO in West Palm Beach Florida told a friend who applied for disability that you absolutely had to be in Vietnam to collect....WRONG

in-country it's presumptive not in-country write to your branch of service under the FOIA and simply ask if they sprayed AO while you were there. But you must have one of the listed diseases AO has caused to collect.

Reply;

Close but not quite on target.

If a veteran has a condition that is on the presumptive list and there is evidence of boots on the ground service in country, then exposure to herbicides as a possible cause of the condition is ceded.

If a veteran has any condition, whether or not on the presumptive list, and the veteran did not put boots on the ground of Vietnam, then the veteran has a heavier burden of proof.

First, the veteran must prove that he was exposed to herbicides. Then he must have solid medical opinion that the condition was more likely than not due to exposure to dioxin.

The VA does not agree that exposure equals disease. Unless you had those boots on the ground during specified periods during the war in Vietnam, nothing is taken for granted.

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

posted by Larry Scott
Founder and Editor
VA Watchdog dot Org

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