Veterans' Advocate Jim Strickland answers questions from VA Watchdog dot Org readers.

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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...  And, be sure to use Jim's:  A Military Veterans Guide To Disability Compensation and Pension Benefits -- A Compendium of Resources and Knowledge For The Disabled Veteran -- click here...   JIm's series for new vets, "Welcome Home," is also featured on Military.com. And, you can follow Jim on TWITTER here ...

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by Jim Strickland

NOTE:  Letters in my Q&A columns 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.

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Jim;

I have a dilemma. Last year I requested my file through the "Freedom Of Information Act. This was over a year ago. A VA person called me about it and wanted to know what I wanted. I said I was not sure so he suggested he send me all my files.

Well I just got it. First problem is the dilemma. In my file was another veterans paperwork. It has his name, SS Number and file number. I though all this is supposed to be private information. I have not contacted that vet as of yet but I am thinking I will.

I am so angry with all the duplication and mostly were they ask for more information from me in which they already had. Duplication on top of duplication. My file was over 6" high. I just been on disability for three years and this is the second time I claim on my diabetes, soft tissue sarcomas and Tinnutus. The soft Tissue sacroma I file back in 1998 and I never file on tinnutus. I see were you said how the pick and choose. On one statement from a mental health doctor they took out the negative to just denied me my PTSD. This was even when I was diagnose with PTSD from their own Doctors.. Also they ask the Army about my experience and not the Air Force. The letter from the Army stated that as far as they knew I was station at this one base during that time and they were told by the Army to ask the Air Force for an AF Form 7 and 11. I sent them those forms four times and they still insist I was not station in Vietnam even when my DD form 214 along with those other two forms says I was there in that time period. Then it seems that this mental health test I took at the VA Mental health Clinic, told them that I was reacting as a person with a chemical dependents. This was all done to denied me PTSD. I will be honest I did smoke in Vietnam but I spend 26 years in the service and you would think with all the drug test I took if I was such a person I would have been caught. But there are other problems. I am just going through it right now.

I listen to the Senate Hearing and found out since my case is over one year, a so call "Tiger Team" is supposed to take it over. Ever heard of them, this so call super team. That I am not sure of. Its been almost 1.5 years. But that is not here or there.

My question is what shall I do with this other Vets information besides turn it over to higher authority. I love to be able to blackmail them and use it toward my advantage. I read that by sending me his information they are breaking the privacy act. I love to be able to screw them. If I could treat just one of those sucker they way they treated us Vets I would be more then happy to wait another year. I just don't know how strong of a incident this is. This poor guy is probably just like me waiting for a rating and them telling him he needs more information.

You tell me what should I do. I do know I will let that Vet know. That is for sure. He is a brother and brothers don't let brothers down.

You know what we need? We need a march on Washington. All the other nuts are doing it and according to the VA all of us Vets are either nuts are stupid. You tell me when to march and I will. If you need help in organizing a march I am all there. But we have to understand what happen the last time vets march on Washington. They were shot at by their own government. This was back I believe in the 20s I think. Need an answer??? (Vietnam Vet)

Reply;

This sort of thing happens all the time. It's another indication of just how sloppy the work is at your VARO.

You won't be able to use it to your advantage. The VA will respond to you that it was an error, a regrettable error, but that no harm was done to anyone. The veteran whose papers you inadvertently received wasn't harmed so there is no reason for you to do anything other than return the papers and notify the RO.

If the veterans address is on there you may try to contact him. I'd have to caution you though...he may not react in the way you hope. He could wonder why you have his paperwork and get angry with you. He may also be deceased and you could step into an awkward situation by trying to contact him.

I understand why this angers you. That this is a frequent problem angers me. I've seen this happen more times than I care to count. I've seen decisions that were made and it was obvious that the rater had used records from someone else's folder.

The Tiger Team is mostly used to process the claims of older vets...often the WWII guys.

It sounds as if your folder/files are the same as everyone's...they're a mess. You're discovering things that confirm what you suspected all along. All you can do now is to use what you've discovered to set the record straight.

Getting pissed off won't help. If you want to "get even" now is the time to get smart, not angry. VA could care less if you're angry. Your best bet is to carefully go through their mistakes and to file again and again.

If you believe that errors have been made and you were wrongfully denied in the distant past, you should speak with one of the lawyers who have ads on VA Watchdog Dot Org. You may find that a lawyer will want to take up your case for you.

I won't be leading any marches on Washington. I'm way too busy working to try to help veterans with their claims, one vet at a time.

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Jim;

I read your article about this on vawatchdog .org Thank you for sharing the important information. I have a question, please:

I am IU and Permanent and Total, what is the likelihood of me being re-evaluated considering my situation, as follows?

* I was granted TDIU effective January 2007
* I am 62 years old
* My disabilities are all combat related (60%, 50, and 10 for a combined of 80%), Vietnam, 1968, with Purple Heart
* I do not work, cannot. I always send-in the VA questionnaire concerning me working or not.

When I got the rating approval, I proceeded to secure (successfully) the
following:

* $10,000 free life insurance
* Commissary and Base Exchange privileges (card indicates an expiration date of "indefinite")
* CHAMPVA eligibility for my wife

Jim, what is the likelihood of me being re-evaluated ?

Thank you for the information. I fear being re-evaluated and after I read your article, anxiety set-in.

Reply;

Because of your age, the chance you'll have any reexam is practically zero. Were I you I wouldn't give it any more thought. Do remember that each year you must file the 4140 form. If the VA doesn't send it to you, it's up to you to download the form, complete it and send it in.

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Jim;

I need your advice in regards to my claims I filed with the VA.To recap so you know where I am at. My first claim for my hearing was received September of 2006.The claim was considered in June 2008.Also received a decision on the claim as denied hearing loss service connected .I filed a notice of disagreement on June 25,2008 and filed to appeal BVA and VA form 9. Waiting for hearing at this point. Second part,I also filed a claim for my tinnitus on December 2008. Received reply on July 2009 also claim denied for tinnitus .I am planning to appeal this decision as well. During this claim process I have pretty much handled this on my own.And to be honest with you I am dumb founded that the VA makes vets jump through every hoop they could find. Could you recommend me to an attorney ,because at this point I definitely need some help with this. I feel overwhelmed and don't know what else to do but continue this fight,as I will not give up for something I feel I,am entitled to. I live in VA and any info you give will be appreciated .

Reply;

There are a number of excellent lawyers who advertise their services on the VA Watchdog Dot Org web site. Your VA lawyer doesn't need to be local to you. You may never meet the lawyer you choose. As these are federal cases, the attorney doesn't have to be in your state. Click here http://www.vawatchdog.org/  and contact any one of them.

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TOPICS: veterans, veterans' benefits, VA, Department of Veterans' Affairs, Jim Strickland, Veterans' Advocate,