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;

Had my c&p examine and I was told it would definately be service connected. I was also told that he guessed I would be rated at 30%. He also said he wasn't suppose to tell me, but if I get the 30% rating to appeal and claim unemployability. He said I should be able to recieve somewhere around 3,000 dollars a month. If this is so, will they go ahead and award me what I am due. What should I do to make sure that I get my unemployability claim. How do I go about unemployability? I would appreaciate any help or advice you care to give.

Reply;

I wish examiners wouldn't do this. They don't have a clue what the rating will be. The decision is not theirs to make. The decision rests with a Ratings Veterans Service Representative at the Regional Office. The RVSR will consider the examiner's opinion but isn't bound to it.

Besides all that, 30% won't get you 100% IU and even if it did, the amount isn't $3000.00 per month.

The examiner has no say in the issue of service connection.

To be eligible for IU requires a rating of at least 60% or a rating of 70% with at least one condition rated at 40% or greater. You're a long way away from that.

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Jim;

I'm a Viet Nam era veteran that was stationed in Korat, Thailand from 1967 to 1968. In my military job I transported medical supplies. I was TDY in different areas of Thailand and Viet Nam. Since my duty station was in Thailand I don't qualify for exposure to Agent Orange as I understand the rules. It is my understanding that your DD214 must show your duty station to be Viet Nam not Thailand. I know I received TDY pay that showed combat pay for being in Viet Nam. I've had Diabetes since the early 90's and two heart surgeries. I've been reading about Viet Nam vets getting compensation who have specific medical conditions. My question to you is will other vets stationed in Southeast Asia qualify for compensation?
Thank you for your response,

Reply;

The rule says that if you set boots on the ground in Vietnam, you're eligible. You don't have to be stationed there...just so long as we can prove that you touched the dirt, you're good to go.

The problem is that VA sometimes won't accept TDY orders as evidence. The rationale is that TDY orders show that you were ordered to go but don't prove you went.

Here's what you should do...

First, file a claim right now. The sooner you file, the better. Go to my benefits guide to learn how to do that yourself. It isn't hard and you can ask me any questions as you go along.

Then let's think of how to prove you were there. I recently did a case similar to yours and we came up with a photo of the veteran at an airfield in Vietnam with friends. One of the friends signed a "buddy letter" and that did it...we won.

Get started...get back to me with how you think we'll prove you went to RVN.

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Jim;

I’ll try to be brief, I know you must be busy. I applied for increase for service connected problems and unemployability in April 2008. Received rate increase and new rating of 90% in January 2009, unemployability denied. Filed NOD (your basic form) in February 2009 requesting a DRO hearing in person and a review of records as several blatant errors regarding my condition were included in their decision. In June 2009 I received another letter asking me what I wanted to do. For lack of a better term, I called it a “stall” letter. I referred them to my February 2009 request for hearing and went on to point out several of the errors in their January 2009 decision. I have yet to receive a response on this subject.

During this period, my daughter graduated high school, turned 18, and will continue on to college. They have discontinued her benefits due to age 18. My son, age 21, was also discontinued when he turned 18. He will graduate college (B.A. degree) in Spring of 2010 and has attended school since age 18.

My questions:

1. Should I request my daughter be added back to my benefits at this time? Would it pull my file out of sequence on the full disability issue?

2. Should I also request benefits for my son? I was not aware dependants could get continued benefits after age 18 until I started following your writings.

Thank you for what you do. I has been a great help to me.

Reply;

Yes, you should send a letter telling them that both dependents are continuing their education. It shouldn't interfere with the bigger event...a hand salute to you for thinking about that and making an educated choice. This business of adding the dependents back isn't a "decision" but is purely administrative so won't (shouldn't) pull your folder out of line.

The dependents benefits are back dated one year from the time you apply. In other words, if your son has been eligible for 2 years but you didn't know about it, they won't retro his benefit the entire 2 years...only one year retro from the date you apply.

Once you have the 100% IU they are each eligible for Chapter 35 DEA benefits and those will go back as far as your benefit's effective date does.

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Jim;

A Very Good friend of mine gave me your website and said that I should contact you for help. Several years ago I filed for Agent Orange disability and was promptly turned down.

The Facts I submitted to them are as follows.

1. 1993 I got ALL Cancer – which is soft tissue cancer – and haven’t worked since.
2. I have permanent short term memory damage.
3. Anger control from short term loss – doc. By Social security.
4. Permanent lower leg vein damage.
5. Hip and knee joint damage and deterioration that has been doc.
6. Retina eye damage with almost 100 loss of vision in left eye – doc.
7. Depression from all this damage with no help from the VA
8. Social security has declared my situation 100 disabled.
9. No one in my family died of cancer, my father lived to 88 yrs and my mother is 86 and still living
10. I severed in Vietnam in the years of 1967 to end of 1968 and was in charge of supplies.

I was station in the northern part of the country where the spraying was the heavy.

I am inquiring if you believe I have sufficient grounds for a VA Claim and could you Tell me how to properly write the evidence so the claim is not rejected. If you would prefer I contact someone else that could help me please sent me there contact Information. Thank you

Reply;

ALL (Acute Lymphoblast Leukemia) isn't a soft tissue cancer. ALL is a blood cancer. Sarcoma is a soft tissue cancer. ALL is not on the list of conditions approved as having been caused by exposure to AO. CLL (Chronic LL) is on the list.

The other conditions you name are all conditions associated with getting older and unless you have some evidence that military service caused those conditions, VA won't compensate you for them.

I assume that if you had ALL in 1993 you must have had chemo and you've been in remission since? If you're in complete remission, VA wouldn't see it as a disabling condition even if it were somehow service connected. The standards used by Social Security and those used by VA differ greatly in many respects. If you have one award, it doesn't mean you'll receive the other. In this case SSA may see you as totally disabled overall. However, the VA looks at service connected conditions to establish disability. Your conditions don't seem to be service connected so VA doesn't find that it should be required to compensate you.

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