Question:
Jim,
I am hoping you can give me some insight on filing for IU. I am 60% with 50% for PTSD and 10% for a shoulder injury, they are a result of the same etiology. I have not worked full time since 2003 and have not made over $4000 any year since. I am retired from the Postal Service (regulare retirement) but due to shoulder problems and to much confrontation with co-workers, superviors, and customers. My C&P examiner for my shoulder said that I have a mild to moderate impairment with very limited avocational interest as well as duress with working with arm in elevated position. My C&P exam for PTSD, says that I get rather surly and have admitted filing over 3500 grievances. Also stated my PTSD was Mild, but gave me a GAF score of 45. My regular mental health DR. has given me GAF'S of 48, 48, and 50 over the past 6 months. I have filed for IU have looked for employment but unable to find something that I can do that would fall into my limitation Thanks for any info you can give me.
I have a VSO it is the DAV, but trying to talk to them is almost impossible they never return my calls.
Answer:
The level of help you're getting from DAV is the standard for them, not the exception. I'd recommend that if you aren't filing your application for benefits yourself that you should contact a local state or county Veterans Service Officer.
I'm not sure what DAV has planned. You aren't usually eligible for IU unless you have a single service connected disability rated at least at 60% or multiple SC disabilities rated at least at 70%. Your DAV Service Officer should have told you that before you attempted to file. I'd likely have advised you to get an increase on the shoulders and then maybe file for IU.
I think that if I were you, I'd wait until I had a denial from VBA and then retain a lawyer. You have to wait for the denial, you aren't able to get a lawyer at the stage you're at today. If you were to get approval, problem solved! If not, it's time to lawyer up.
Jim Strickland's Mailbag: Volume #06 for 2008
NOTE: Letters in my mailbag 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.
02.14.08
Question:
Jim,
I have some questions regarding Article 15. My son tested positive for Marijuana. He is in the army. At the time he tested positive he was a specialist. This happened in July right after coming back from Iraq. In October he went in front of the commander. He was given a article 15, they took away 2 stripes and 60 day work. He also had to go to classes he completed. He has not given another dirty test or got in trouble. He is suppose to get out of the army in October. Yesterday he was called in by the Commander and was told they may give him a General Discharge under Honorable. No one told him this when he agreed to the initial punishment this was going to happen? Is this normal in the army? The commander said it was going up the chain of command and he should go see jag?
Answer:
Yes. This is normal for the Army. Personally, I believe the laws that pertain to marijuana should be changed. However, as an active duty soldier, he knew he was not to use marijuana. There are no arguments that hold water here...that it is or isn't a big deal isn't relevant, he broke a rule and he got caught. Now he has to man up and accept his fate and learn from it.
The military is the ultimate rules based organization. Breaking rules isn't cute or harmless no matter the circumstances. If people don't maintain discipline, others will die. We soldiers trust the people who stand next to us to obey orders and if they don't, trust is lost. Trust is earned, not given.
He should show appropriate regret to his superiors. He must prove to his commander that he is very sorry for what happened and that other than that event, he was and is a good soldier.
If he is given an other than honorable discharge, it won't be the end of the world although it will hurt him. "Other than honorable" isn't "dishonorable". In time he will be able to petition his branch of service and request that his discharge be issued as honorable. If his civilian life shows that he has overcome the mistakes he made and that he is a good American with no further criminal record, he stands a good chance of ending up with an honorable discharge.
Finally, some VA benefits may be affected by a less than honorable discharge. He should visit with the JAG and work very hard to convince his command that he understands and regrets his mistake.
Question:
Jim,
I think your (Do It Yourself) advice is very sound. I submitted my first claims in December 2004. I'm up to 70% now, have one recent Notice-of-Disagreement and a claim for I.U. in the mill. Your info is the best I've come across in my extensive browsing. (Against your advice, I joined DAV.) The only advantage for me (a Life Membership to DAV) is the VARO gives my award info to the DAV VSO first, then they send it to me, it's like a $180 heads-up. I should not have joined.
The DAV's office at the VARO, has no voice mail, no e-mail, and they change your rep. frequently. I e-mailed the National office twice about these archaic communication methods, and of course, no reply to either. Perhaps they have no time for 22 l/2 yr. Vietnam Vet. Keep up the excellent job you're doing for us.
Answer:
Thanks for your kind words. Your complaints are similar to those I hear every week. The DAV observes the same code of silence that the VBA keeps as they march in lock step formation with the VA. Their attitude is clear that we Veterans are too ignorant to understand these complex issues and we should be ever so grateful as we remain in the dark and stay silent.
Question:
Jim,
I was ex;posed to radiation in our missle silo's, I know I was in those silo's however, in my records it only reflects that I worked as an A/C tech on the base. I had some mental problems while in the service (I was honorably discharged from the service because of the mental problem) and developed lymphoma about a year after discharge. I knew being in those silo's was the cause of the mental problems and the lymphoma. Do I have a case for either the mental problems or the lymphoma? I belong to the DAV but they have been less than responsive, which is very disappointing to me. Any help would be appreciated.
Answer:
I'm sorry to hear that you aren't being helped by the DAV. That your DAV service officer isn't responsive is just business as usual for them. I strongly recommend that you get in contact with a state or county Veterans Service Officer to assist you. The state and county VSO's are highly trained and skilled and dedicated to helping Veterans.
If you believe that you were exposed to radiation and that the exposure caused your lymphoma and any mental health issues, you should file for a disability award.
Once you've filed you have time to research the issue and find evidence to support your claim. The Internet and Google make more records available each day. You can also use the Freedom of Information Act (FOIA) to uncover records that may still be classified.
Just because the VBA may tell you "no" doesn't mean you must accept that. The levels of appeal are many and if you're researching, time is on your side. Nobody will do it for you though. If you'll read through the archives of my work by clicking the link below, you'll learn a great deal on filing your case.
