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;

Just thought I'll share with you some good news.

Followed your advise sent by certified mail citing the facts and supported with documentation and yesterday, got the check for the difference and all payments up to the end of August. Your advise works! Just stick to the facts, document, send by certified - and in less than 10 days - got resolved! VA pays attention after all! Thanks again Jim. My prayers are that you keep doing what you are doing, you are indeed a blessing to many!

Reply;

That's such good news to hear. You wrote to tell me that after many telephone calls and emails you just couldn't get an issue resolved with the VA.

I gave you what has become my standard lecture:

Don't ever call the VA toll free number. It connects you to a call center somewhere on another planet, possibly not even in our solar system. Also, don't fax and don't send emails...never, not ever. I can't say it enough. A huge volume of the business I tend to here is generated by lost information or misinformation that results from poor communications to the only people who can actually resolve a problem for you.

Don't even use the toll free line to change your address. Just don't do it.

A written letter is the most powerful weapon you have available. If you do a good job of making your point, keeping it short and sweet and maintaining a businesslike demeanor and courteous tone, a letter will often win the day for you.

The telephone call is forgotten the second you hang up. Emails roll off the screen as fast as they come in and are replaced by a more urgent issue than yours. Faxes are full of problems you'll never know about...the printer cartridge needs changing or there's a paper jam.

A letter lies there waiting for someone to do something with it. They aren't able to shred them as easily as they were doing this time last year so it's more likely that someone will actually do something to resolve the issue.

If you've done your part and written it as it should be...brief and full of facts only...you're much more likely to be a winner.

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Jim;

I was in USAF SAC stationed in Utapao, Thailand at the 4258 FMS working as an aircraft electrician on B-52's, Kc-135's, The U-2, Huey's, C-47 Dragon ship, C-140's, C-141's, C-123's, and A.G.E. MD-3's, M.A. 1A's, Buffalo turbine sprayer for base perimeter defense, mowing the lawn, and insect control.

The RanchHand C-123 I repaired in 1967, from Udorn or Takilli in northern Thailand, that had landed at UT, had broken wiring to the sprayer head dispensers. I was not told there were any special handling precautions, and had the misfortune of getting a milky white liquid all over my leg, along with a dark tar substance on my clothing. I knew what they were spraying, and it wasn't for mosquitoes. I did what I was ordered to do. I repaired the Buffalo turbine sprayer twice that I remember, in 1969-70, when among other things, I was assigned to A.G.E.(aerospace ground equipment), to support all the aircraft that landed at UT, including commercial aircraft from various airlines.

I saw the white topped black 55 gallon drums with defoliants orange, white and blue 3-4 inch wide stripes, and insecticide drums with skull and cross bones, stored in a locked shed. Now I'm 62 years old and I'm dying from non-hodgins lymphoma. The VA gave me chemo and saved my life in April 2007, but it came back much worse, and right now I'm back in chemo, going for a bone marrow transplant. I have not been able to work since I was "layed off" in Aprial 2007, have no income, so when I saw you site, I decided to let you know that I have been denied VA compensation twice now.

I have applied thru the DAV for a hearing, which I have been told the VA has not scheduled yet. The medical staff at the Boston Jamacia Plain VA hospital have identified this specific non-hodgins lymphoma, can only be caused by Dioxin (AO) poisoning, but the administration part of the VA has denied my claim. Because I was never stationed in country Vietnam, they want me to produce documentation or proof that I am telling the truth.

They are calling me a liar, because everything I did in the service was Secret security clearanced, and all paper work, the C-5's, the 210's, 212's, 781's, 829's, and 992's, were all kept by the Air Force, at the command where I worked. It would have been treasonous for me to keep any copies of those documents. They want me to produce something that is impossible to produce. I'm still going to try to both live and get them to pay me for this unbelievably horrendous thing that has happened to me. I know I'll never again be able to make a living again, which is sad, because that's what I did my entire life. Work and be happy, look forward to retirement, and have the satisfaction of having served my country in it's time of need. That's gone now. I just feel sick all the time.

Reply;

I'm familiar with non-Hodgkins lymphoma. My best friend here where I live has the condition. He was diagnosed almost 7 years ago and like you, he's had a number of chemo treatments. He had a bone marrow transplant almost 2 years ago and has done pretty well. The cancer may
be back but we aren't sure yet.

Let's talk about 2 things.

First...do you have any evidence of where you were stationed, your MOS and any involvement with Ranch Hand? Is there anything in your records that would indicate that you were trained to work on the aircraft most often used?

Second, has anyone told you about how to use a "nexus letter"? Do you understand that if you can get a friendly doctor to make a statement that "it is more likely than not the this veteran's n-Hl was caused by exposure to AO" that you will probably win your case?

If you didn't set foot in Vietnam you aren't eligible for the "presumptive" benefits that would otherwise apply to n-Hl. However, you should be able to establish direct cause and receive the benefits that you're due.

I'm saddened to learn that your Veterans Service Officer who represents you hasn't explained this to you and then tried to get you a nexus letter. However, I'm not particularly surprised. Many VSO's aren't well enough trained to understand how to pursue a direct cause cancer case and they just accept whatever VA rules as Gospel.

If, as you say, your treating physicians are saying that your particular cancer was more likely than not caused by AO exposure you just need to get that in writing along with some evidence of exposure to herbicide and I'd anticipate that you would prevail.

I've agreed to take up your case personally and I'm optimistic about both a bone marrow transplant for you as well as winning your case.

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Jim;

You and I had an opportunity to speak regarding my condition…MM w/ plasmacytoma tumor and lytic lesions at t4 and t6 on my spine. It was sometime last year when I contacted you and we spoke on the phone. I have since filed my claim with the VA (23Oct2008) for SC of MM and the related secondary conditions… I have a C&P exam on 23 Sept ’09 for the claimed disabilities.

I have been unable to find any data on what the C&P for MM would consist of. All of my treatment has been private and prior to speaking to you I was unaware of any compensable disability. Can you shed any light at all on the nature of a C&P for MM?

Reply;

You may have me confused with someone else. I rarely use the telephone and I have no records nor recollection of a conversation with you.

In any case, You can read about the exam protocols here

http://www.vba.va.gov/bln/21/Benefits/exams/index.htm 

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