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;

The following may be of interest:

http://www.usdoj.gov/oip/foiapost/2008foiapost29.htm

What the VA did to me is called "Tolling". The twenty day response requirement (which is statutory) is suspended while they 'seek clarification of the request'.

"Section 6(a)(1) of the OPEN Government Act imposes limits on an agency's ability to "toll" or stop the twenty working-day time period to respond to FOIA requests. Specifically, beginning with requests made on December 31, 2008, agencies will be precluded from tolling the time period to respond to requests except in two circumstances. First, an agency will be permitted to “make one request to the requester for information and toll the 20-day period while it is awaiting such information that it has reasonably requested from the requester.” § 6(a)(1)(I) (emphasis added). Second, an agency may also toll the time period “if necessary to clarify with the requester issues regarding fee assessment.” § 6(a)(1)(II). For this second circumstance, where tolling is necessary in order to clarify fee issues, there is no numerical limit given for the number of times an agency may toll the response period, provided it is "necessary" to do so. In both situations, the FOIA now provides that "the agency's receipt of the requester’s response to the agency’s request for information or clarification ends the tolling period.” Id."

5 USC 552 (the FOIA) limits non-fee-related 'tolls' to one. There is no limit on fee-related 'tolls'. Section 6(a) covers this.

Reply;

The readers of VA Watchdog dot Org are often the best source we have for great information like this. The flood of data that occurs daily would be impossible for Larry or I to review, there's just too much. We rely on you; the intelligent, concerned veteran, to percolate much of this stuff up to us as you're using it for your own case and as you discover it.

Veterans helping veterans is one of the keys to getting the job done right.

Thank you for sharing.

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Jim;

You seem to be interested in veteran disability issues so here is one. I am appealing the turn-down of my request for additional benefits due to a service connected hearing loss. I am talking to the area DAV office who have what they call "National Service Officers" [NSO]. I am unimpressed by these folks so far as to their ability to play a quasi-legal role representing me on this appeal.

What are the requirements to be a NSO? Education? Training?

Why is there a tremendous turnover among them (as I’ve been told by their office staff)? They turn over about every year evidently. How much are they paid?

How can a vet evaluate the NSO before using him? The one I’ve talked to got upset when I asked for statistics–how long at the job, how many cases, how many won and lost.

Thanks.

Reply;

Yes, I have a sort of passing interest in veterans disability issues...it's sort of a hobby of mine I suppose.

I've written so much about all this that I hardly know where to begin. Suffice it to say that I fired the DAV years ago and then went about winning my case for myself. That's how I started as an advocate. My first client was me.

Rather than trying to feed you the whole history, I'll ask you to do some reading. Here are links you'll no doubt find interesting.

After you've read and updated your knowledge banks, please feel free to write to me again with any comments or questions you may have.

In fact...I'd really enjoy your take on what I have to say and how well it matches your feelings today.

I'll look forward to that.

Links:

My "Knol" Guide
http://tinyurl.com/5wxapm
A 3 part series
http://vawatchdog.org/08/nf08/nfAPR08/nf040208-1.htm
http://vawatchdog.org/08/nf08/nfAPR08/nf040308-1.htm
http://vawatchdog.org/08/nf08/nfAPR08/nf040408-1.htm
VSO? Yes or no?
http://vawatchdog.org/08/nf08/nfMAY08/nf051908-4.htm
Miscellaneous
http://vawatchdog.org/07/nf07/nfJAN07/nf012907-3.htm
http://vawatchdog.org/07/nf07/nfNOV07/nf110207-12.htm

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Jim;

I have asked for help from every organization and group I know. My congressman, my senators, my state government and even local groups, I have even asked the DAV of which I am a member since 1973 yet no help comes. I may as well be dead, which is probably what everyone wishes? I just thought I joined the Marines to serve my country even though Vietnam was very active in 1968. It never crossed my mind that I would become a prisoner of my own country, or that they would take all my weapons away and lock them up.

When the enemy over ran our unit and killed unarmed young men I never thought I would have so much trouble getting our country to Honor them?

Parents I am telling you right now do not let your son or daughter join this country's military.

They do not respect them and they do not take care of of them when their normal life is over. They do not honor nor do they even acknowledge that you exist or that what you went through even happen! This country runs on filthy greed and as long as they get theirs they don't know you. They have a job and they will not stand up for the truth and say STOP something must be done.

To my comrades of the 1st marines,11th Reg., 2nd Battalion I am sorry that I could not get you the honor you deserve. This country will honor drug addicts, alcoholics, perverts, child molesters, drug dealers and even murderers but not honest Marines that stood and was murdered in the name of the United States of America.

Millions of dollars are spent for liar's and cheaters and thieves and our government argues and fights among themselves. They won't even come together for a common bond of honor for the young men that gave their lives for them to act this way. I will soon join you Marines I just wish I could have done some good for you and your families. I am sorry this country does not even care about the living veterans. America used to be looked upon as Great, now they are a great disappointment.

We the people of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity do ordain and establish this Constitution for the United States of America. Today, I feel that all the lives lost fighting for this country has been a waste and the ones left in wheel chairs and other devices, gave of themselves for what reason?

Reply;

You emailed this to almost 100 people. Your list included Senators and Congresspersons, television news stations, the POTUS, all of your friends and neighbors, the DAV-VFW-AL groups and many more.

You have assured yourself that nobody will read what you've written. Well, I did but only because I'm publishing it on a public site and I wanted to be sure that there wasn't too much colorful language.

In the 453 words that you wrote, you never once got to your point. You opened with, "I have asked for help from every organization and group I know" but you never get around to telling me what help you may need. I have to assume that your frustration must come from a denied claim for a disability benefit.

It's unfortunate that I see a lot of this sort of thing. I understand the frustrations of dealing with VA when you *know* you're right and they're wrong...I do it every day, time after time.

But when you lose control of yourself, you've then lost all control of the situation and your claim. If you're allowing yourself to go off on rants to strangers, your case won't ever be resolved.

Any of us that ever file with VA have to remain focused. VA only cares about 3 elements when you claim that your military service caused you some degree of disability.

(1) Are you eligible to receive benefits? Were you honorably discharged from service? Did you spend enough active duty time to be eligible?

(2) Is there historical evidence available that reasonably proves that there was an event (an injury or illness) that may have caused a continuing disabling condition?

(3) Do you have a current medical diagnosis that you are disabled to any degree and is there reasonable evidence of a link (nexus) that the in-service event caused or contributed to the disability today?

That's all. There is no more. It really is that simple. If you have the 3 pieces of data above, you have already won your claim.

I'll grant you that it becomes more difficult if either one of two things happens.

(1) You screw it up at the start.

You get an attitude at the beginning and carry it through the process. You decide that VA owes you so you don't do your homework and you don't do the hard work for yourself. Hand it off to a VSO who you don't know and haven't investigated and then 6 months later try to ask him or her what's happening. It's their job to do it all for you isn't it? Hey, it's also the job of the VA to gather all those complex records from your doctors, right? So screw 'em, you're too busy to do it for yourself, let them handle it. Why should you have to search around for records or buddies who may sign "Buddy Letters" for you? You told VA what happened and by God, your word should be good enough...do they think you'd lie?

(2) VA screws it up at the start.

We can rely on VA to make a hash of it. I can easily face 10 of you and look you in the eye and tell you that 7 of you are going to have to appeal your case because VA is FUBAR. Knowing that, it's your job to bird-dog every step of what they do all the way through. If you can't say anything else about our friends at the VBA, you have to give them credit for being consistent. It's a sure bet that 7 of 10 of you will have some other guy's records in your folder and the rater won't notice. There isn't any doubt in my military mind that 7 of 10 of you will come to realize that nobody read all the information in your C-File before your claim was denied. The C & P examiner will write a report about 7 of you 10 that is so wrong that you won't know whether to laugh or cry when you finally read it.

You're a smart veteran, right? You did well in your service and after that you made out pretty good as a civilian. You've been reading VA Watchdog dot Org and it's no surprise to you that your claim was completely SNAFUed by the VA.

You know how to fix it. I've written tens of thousands of words about what you do when your claim leaves the tracks. Larry Scott has written even more. I've published works that have contributing authors who are learned lawyers, men and women of distinction who ply their trade before some of the highest courts in our country. Other co-authors are veterans just like you. These are people who have been there, done that and they have all the souvenir t-shirts.

The step by step instructions on how to win your claim are right in front of you.

Writing to the POTUS (and 100 others) won't help you.

VA has a process. You must stick to the process to win. VA doesn't believe that it has to stick to the process. As VA holds all the cards, if that seems unfair to you, get over it. You must stick to the process...end of that story.

Filing a claim for benefits isn't about fair or unfair or how you feel about what goes on in the country. It has nothing to do with criminals and illegal aliens or your political beliefs. Nobody cares that you think, "This country will honor drug addicts, alcoholics, perverts, child molesters, drug dealers and even murderers".

If you have a legitimate claim, your goal is clear. You want to win an award of a fair disability compensation benefit. If you have a legitimate claim and reasonable evidence to support it and if you stick to the process, you'll reach your goal.

Once you start diverting your energy to writing out your angst to 100 others, you've already lost the game.

There isn't one person on that list who can help you until you decide to help yourself.

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