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;

a couple questions..my husband has been rec service connected / unemployability for 3 years now,,he is 80.. we told the truth and said he had medicare A & B..we notice now they are filing his Dr visits/care to Medicare..can they do that?? He has no secondary ins...next question...hes been wheelchair bound 8 years..as his wife Im the total caregiver...am I eligible for the aid to dependents ( spouse) benifit?? Thanks

Reply;

If they're filing to Medicare, it shouldn't impact him at all. It may be that they're doing it just to track it as Medicare doesn't pay VA for anything.

You'll only know eligibility if you apply. I never try to guess without going through the process. You should apply and if you aren't, they'll explain why.

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Jim;

I could really use your assistance in identifying one or two high quality web sites, that focus soley on products, services, and airflight discounts for disabled veterans. I am a 100% service connected Army disabled veteran, residing in New York, and am always searching for discounts from companies that appreciate their veterans by offering discounts on their products. But I find myself jumping all over the Web if I want to buy an Apple IPhone, or seek out a discount on a air flight; is there any web sites that condense all the companies that offer discounts to disbled vets in one location on the web. Your assistance would be most welcome, as I jumping from [site to site], and am simply finding it too hard to find one great site. I can shop on Post, at Fort Hamilton, N.Y., but the prices are not that competitive and products not diversified.. Would appreciate your help if you or your readers know of on or two great wen sites offering all the products and services available at discount rates for disabled veterans. With many thanks and appreciation,

Reply;

I'm afraid I don't know of such. Readers?

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Jim;

I am a Vietnam veteran who did not go to Vietnam. In March of this year I was diagnosed with prostate cancer, I began researching to see if I could file a VA disability claim, I found out that even though I was a Vietnam veteran I could not file a claim if I did not go to Vietnam. On July 6, 2009 I completed proton therapy at MD Anderson in Houston. Upon my return from Houston I began research again the possibility of filing a disability claim, that when I came across your website, I have since filed a disability claim on August 4, 2009.

My questions to you are:

Is it true I can get presumptive disability as a Vietnam era veteran if I did not go to Vietnam?

What can I do to prove my prostate cancer may be service connected do to my exposure to asbestos, lead paint and TCE toxins at Fort Ord which is now closed and listed as a superfund site.

Can you give me the names of California doctors who can provide me with a nexus letter.

Any help you can give me will be greatly appreciated.

Reply;

If you served during the Vietnam war but didn't get to the country of Vietnam, you aren't a "Vietnam veteran", you're a "Vietnam era veteran".

I served from 1967 - 1970 and I was sent to Germany. I'm always very careful to ensure that it's clear that I'm not a Vietnam veteran.

I believe that the privilege of that title is reserved for those who risked their lives by serving on the soil of the Republic of Vietnam. Had I been ordered there, I'd have gone but I was a lucky one.

I'd advise you not to claim status as a Vietnam veteran...you aren't.

The factor that is "presumptive" to prostate cancer in the Vietnam veteran is his exposure to Agent Orange. To cede such exposure the VA requires that you can show "boots on the ground" service. Since you can't claim such, there isn't any presumptive path to benefits for you.

If you believe that your condition was caused by other carcinogenic chemicals, you first have to prove exposure. To say that you served at a base that is now known to be contaminated isn't usually enough. The burden is on you to prove through evidence that you were exposed to what chemicals, when that occurred and in what amounts.

Once you've shown that you must have an expert physician who has reviewed your records and is willing to state "It is my opinion that this veterans current (conditions) are more likely than not caused by the exposure to (chemicals)."

No...I don't know of any physicians who would write such a thing for you. Dr. Bash is a frequent advertiser on VA Watchdog and his ads run near my columns many days. You might try contacting him. However, in my research over the years I don't know of any link between asbestos, lead paint and TCE to prostate cancer...I doubt that you'll find a physician who would agree to say that without a lot of science to support the thinking.

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