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;

what rate should I get with both a foot and knee Injure in the army I have a compensation hering coming up Bilateral foot and knee Thank You

Reply;

I don't have a clue. It depends on the severity of the disability. If you strained a foot and knee you could get 0%. If you had to have surgery and need a walker or a wheelchair, you may get 60%. Since I know nothing about you, I can't hazard a guess.

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Jim;

Just wanted to say "thank you" for all of your comments and good information about Vets.

Reply;

I appreciate that! It's the notes like yours that make my day and keeps me working for you and your brothers and sisters.

Thanks!

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Jim;

I am a Vietnam Vet in the process of filing a compensation claim for prostate cancer. I am using the services of my county VSO and things are progressing ok. They have asked the Detroit VA facility to schedule me for an examination in connection with my claim. I suffer from the typical side effects of surgery (ED and Incontinence). My question is should I bring any paperwork with me concerning my claim and how do they reach a conclusion as to what percentage rating I might get? I thought I read it in your mailbag but I can't seem to locate it. Thank you for your time.

Reply;

Unless you are told to bring papers, don't bother. The examiner will have all he or she needs.

Residuals ratings for prostate cancer are based on 2 things;

First, how many pads or adult diapers do you use each day and how often are you up at night to urinate? The rating will fall at 40% for 4 pads or less and 60% for 6 pads or more. Up 4 times or more at night helps keep the rating at 60%.

Second, Erectile Dysfunction is rated as a Special Monthly Compensation issue and is graded as SMC-k. It adds about $100.00 each month to your 40% or 60% rating.

Be sure to tell the examiner you have erectile dysfunction.

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Jim;

A few years ago my father was diagnosed with Multiple Myeloma Cancer. He passed away this past June. He was 65 years old. He will be buried with full military honors at Arlington National. He enlisted in the Navy in 1970. He was onboard the USS Tang and The USS Sailfish. I believe that he was exposed to something harmful while in the Navy. He was also stationed at the shipyards in Philadelphia and Mire Island. Do you have any advice for me on how to fight back? I believe the Navy is responsible for his untimely and early death. Any help you can give me will be appreciated.

Thank you in advance for your time.

Reply;

My condolences for your loss.

Multiple Myeloma is a "presumptive" condition for veterans who served during the Vietnam era and who were exposed to the herbicide known as Agent Orange.

http://knol.google.com/k/jim-strickl
and/-/i4hm0dxfnnzs/17#view

The term "presumptive" means that VA cedes that the disease was likely caused or contributed to by exposure to that chemical. This then relieves the veteran of having to prove a cause and effect relationship.

The presumptive theory (Agent Orange) only applies to those veterans who set foot on the soil of Vietnam. Navy veterans who may have sailed in the waters off the coast of Vietnam aren't eligible for presumptive benefits and must apply for benefits by proving that they have a condition that could be attributed to exposure to a carcinogen, that they were in fact were exposed and that the exposure was more likely than not the cause of the condition.

This is very difficult when the veteran is alive and almost impossible after death.

If your father had a claim in at the time of his death, his estate may continue the claim on his behalf. This is a relatively new twist in the law. In the not too distant past, when the veteran died, any claim died with him.

If he did not have a claim active at his death, you or his dependent spouse (now widow) may file a claim for any benefits you believe you may be entitled to.

However, to prevail you must meet the 3 basic elements of any claim. (1) You must prove eligibility by showing proof of his honorable service. (2) You must show that he has (had) a condition (disease or injury) that is (was) disabling. (3) You must prove that the condition you claim (multiple myeloma) was caused by his military service.

To do that you must first name the cause...you believe exposure to "something harmful" caused or contributed to his death. Thus, you must name what "something harmful" was. Then you must provide evidence that he was exposed to that named carcinogen, when the exposure occurred, how much and how often there was exposure and the conditions that the exposure happened under. Finally you must provide expert testimony, usually in the form of a letter from a qualified physician, that clearly states, "I have examined the available records of the named veteran. It is my medical opinion that his death was more likely than not caused by his exposure to the carcinogenic chemical (named here)."

Without all those elements above, you it's very unlikely that you have a case.

I wish I had more encouraging word for you but this is how the system works. The VA will not respond to your feelings that something caused his death. The response will be that thousands of people who never served also die of multiple myeloma and that without rock solid evidence that military service caused his illness, he was just one of those who had the disease.

If I've missed or misunderstood something, I'd be happy to listen and do what I can to help.

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