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 can’t seem to find the answer to this question and the VA is back logged and not accepting calls. My daughter has a friend who is supposed to begin receiving benefits for education. He is 18 and currently enrolled as a full-time college student. He was told he would receive his first check in October. He is considering going out of the city for college beginning next year, but his mother has told him she will see to it that he will receive no more checks from the VA. Does she control the benefit or is he automatically entitled to it. His natural father is deceased and his mother is retired disabled. I believe she based it on her status.

Thanks for any help you can give us.

Reply;

As a rule if a dependent is entitled to a benefit, the veteran who is the person the entitlement is based on has no input at all into the entitlement. We communicated a bit more and discovered the mother is rated at 100% P & T. It's likely the C-35 DEA benefit.
http://www.gibill.va.gov/GI_Bi
ll_Info/benefits.htm#DEA

The benefit to the child has no impact on the veterans benefit...she doesn't pay a dime for it. The child should contact a school financial aid counselor...they're all familiar with this. The child must apply through the school. The child is often denied and required to appeal...paperwork glitches. If that happens, I'm well versed in what to do and would be happy to help. The money is generous...about $1000.00 per month. It may be extended to age 26 for grad school work. The child is also eligible for CHAMPVA, a generous health insurance program. The CHAMPVA covers a ton of expenses with routine, preventive and major health care issues. The child must apply separately for that.

An application is here
http://www.va.gov/hac/forbeneficiari
es/champva/champva.asp The only way the parent/veteran could possibly interfere is to rescind her own 100% benefit. That would be above and beyond stupid but I know some who would go there for spite. The law is very clear...these are the dependent child's benefits and the veteran parent has no control.

VA can be very annoying to deal with so if there are any issues, I'm always here. I annoy the VA more than they annoy veterans and that brings me great happiness ;-)

Bless you for looking out for the child. You're pretty special to do that.

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Jim;

I admire what you are doing with your website and blog on almost a daily basis. From this DAV to another, thanks for what you do, bro! I was with the 25th ID during the 1st Gulf War (I am not a Gulf War Veteran) but sustained major internal injuries to my body both in and out. Spent 6 months in the hospital and almost died from a parasite contracted in Thailand that has residuals today. I am at 40% and have about 8 issues at the rating board as we speak, should be rated at 80% or more from what I have. Four other issues are on appeal. Voc rehab was just approved for me and I start in a few months. Went to work for the feds, but my PTSD and other issues were so severe that I have to take disability retirement and find another line of work. I have a couple of Masters Degrees and love to teach, so maybe I’ll teach some vets a thing or two. My second passion is to become a veteran advocate as yourself at some point. The DAV and other VSO’s in my area have their hands full, they are doing the best they can, but if I could only help a few at the beginning stages. Pretty sad our government does whatever they can to hide the benefits available to folks getting out. This is where we, older, VA experienced vets come in.

Now, I ask for your help. I am about ready to lawyer up if the decision does not come in favorable, and trust me, I don’t expect it too. Do you have a connection or a name of an attorney in the New Hampshire area that would take on a case? What do they usually charge for a VA case? Thanks for what you do, Jim!

Reply;

First...if you care to advocate let me recommend that you take the course from NVLSP. http://www.nvlsp.org/  Then get your credentials from VA and you can get serious about helping veterans. I'd be happy to coach along the way.

Yes...I have selected lawyers based on my research of who does the best work in my own opinion. You don't need a lawyer near you. These cases are federal so most of the work is handled electronically, not face to face. I may recommend a friend in the northeast but another friend in California could do as well for you.

Charges are pretty standard. It's a "contingency fee" arrangement and the lawyer will receive 25% of the retro pay of any award when the case is won. No win = no pay. The lawyer will explain that to you as
you become a client. Save this email and let me know when you need a referral by replying. I'll be happy to set something up.

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Jim;

I am married to a Vietnam veteran who suffered for years with the reality of the war. He became ill with seizures on July 19th, 2001, his birthday. When we rushed him to the hospital we were told within 20 minutes he had a lung tumor with metastasis to the brain.
His surgeon asked it he had been exposed to any agents, aerosols, asbestos. He immediately said yes. In Vietnam, he worked on heavy equipment with asbestos brake shoes and used multiple aerosols. He also did bunker duty at night while they exfoliated with Agent Orange. Now 29 1/2 years later, we rushed to file a claim with the VA. Over 2 1/2 years I fought through the system, but did not give up. Now paralyzed, unable to speak and frequent seizures after multiple surgeries, chemo and brain radiation, this strong active man was struck down at the age of 50 by this horrific condition. He wanted to live, so we fought through the system. He is physically a vegetable but can understand what everyone is saying, and cannot write or express himself.

The VA system had awarded him 200% disabled (100% each for the 2 tumors) but can only award compensation at 100%. They are taking very good care of him now. I do have a question you may be able to answer for me. I have never seen a breakdown on the benefits he receives and how it's broken down in his monthly check. Do you know how I can find out just what they are paying him for?..... Aid & Attendance, clothing allowance, etc. His checks did increase substantially several years ago, but I was never told what it covered. I'd like to make sure he receives all that he deserves. We did receive the $50,000 grant for our new home, $11,000 allowance for the handicapped van, the right to the mortgage life insurance; he is in the home based program, has a nurse and doctor who follow him, but not very often. He was seen weekly at first, but they've backed off some and he only sees his nurse once a month or so and only the doctor when he needs a home evaluation. We have authorized ambulance transport when he goes into the clinic. I would just like to know what his monthly compensation covers. Do you know where I can find this information?

I appreciate reading all the VA info you'll provide and hope you keep up the great work. Will appreciate any info you can provide.

Reply;

I'm sorry to hear of all your veteran's health issues. I am pleased that you report that VA has done a good job of helping to care for him. You are a very special person yourself to shoulder all this. You'll both be in my thoughts and prayers. I think all the data you'll need is probably on the VA web site. I'll provide a few links below my signature for you to click and follow. The VA site has terrific information but by its very nature, the site is deep and often a bit confusing to navigate.

Give this a look and if you can't find just what you need, I may be able to put you in touch with someone who could provide a more direct answer.

http://www.va.gov/

http://www.vba.va.gov/bln/21/Rates/

http://www.vba.va.gov/bln/21/Rates/special1.htm

http://www.vba.va.gov/bln/21/Rates/comp02.htm

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