Question:
Jim,
I filed for total unemployability in August 2007. I still havent heard anything from the VA. What is the time line to hear what the outcome is? Also, can I claim a social security check as well? Now or after the outcome. I'm at 60% now. Thanks
Answer:
The time to adjudicate an IU claim varies across America. It may take as little as 6 months, it may drag on for years. I'd guess that 1 year to 18 months is about average today. I'm concerned because you tell me, "I still havent heard anything from the VA." I hope you mean that the VA hasn't decided your claim yet? If you really haven't heard anything from them at all, I have to wonder if they received your claim for processing. Usually after you file you get numerous letters from VA about previous employers and submitting more evidence and so on. If you have heard nothing, let me know and we'll think of how to investigate.
Yes, you can and should file for both SSDI and VA disability at the same time or close. Having one does not qualify you for the other. But there's little doubt that if you do get one, it has influence on the other. Both take forever to resolve but once you get past that, it's one of the few times that you can collect 2 benefits with no offsets.
You should use a lawyer for the SSDI. If you're denied the VA IU, you need a lawyer for that too. I'll be happy to refer you to a trusted attorney who can help with both. Legal help costs nothing unless and until you win your benefits so it's a smart way to go.
Jim Strickland's Mailbag: Volume #08 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.
02.27.08
Question:
Jim,
Here is something for you. I plan to write these people both by email and US mail requesting their help.
This is my message to them;
“Veterans & Supporters,It is my belief that God helps those that help themselves. Therefore, if we desire to make changes to the corrupt system that we as veteran must deal with then we need to do something. Which corrupt system are you referring to? Oh, forgot that there are currently numerous corrupt systems. I am referring to the deductible we are required to pay back to the VA when we have a travel allowance. This is corruption at its highest peak. The Executives (worms) from the VA are obtaining a bonus for every dime they save of our government. I am sure that the two links I have provided are well aware of this fraud. However, if we make an effort by contacting them then maybe something will be done. The money that Congress allocates for us is for us, not some low life nerd from the VA."
Answer:
I don't support writing letters using the sort of name-calling and derogatory language that you've used. Accusing government officials of “corruption” and calling them “worms” and “low life nerd” isn't going to further our cause. That doesn't mean I agree with how this issue has come down to us but it was done legally and through the system that is in place. To use aggressive language will only assure that your message is quickly ignored and it won't be heard by anyone. A much better tactic is to write a letter to your elected representatives and let them know that you believe that the law must be changed. If you are a registered voter and you make your point clearly and courteously, they will take notice.
Question:
Jim,
This is very detailed and awsome information on tactical herbicide useage outside Vietnam . I have an ongoing claim of exposure outside Vietnam. My exposure was while serving as a military game warden at Fort Gordon Ga in 1967-1969. I also have much more proof of exposure, I do not rely on this document alone. This document is 85 pages long.
Answer:
Thanks for sharing that. Every veteran who served during the Vietnam era should be aware that they may have had exposure to dioxin whether they had “boots on the ground” or not. Any veteran who can document dioxin exposure may make a claim for a condition he or she believes is connected. Just because you don't qualify on the presumptive list is not an absolute barrier from filing.
Question:
Jim,
I injured my thumb on my right hand the VA cut some off, its all scrwed up and hurts very much. I have no other means of health care at this time,it needs to be cut off a litter more. What do I do, this is the third time it will be cut off, mean while, I don't have much work like this. Just go again? when will they get it right? I'm not a guinea pig. Yes I am a Vietnam era veteran one of the last with a full ride G. I. Bill big whop,7-7-76 to 7-7-79 Fort Sill OK, don't they have too fix me wright? or is this just the way it is. Do I need to Lawer up? This suck's too say the least,and It's not what they Garroted when I enlisted,the city is where all this is happening at there not near the hospital Houston has maby I should go there?
Honarbly Discharged veteran
Answer:
The health care at VA is often viewed as the best there is. I have a choice in my doctors and when I have problems with my health, I choose the VA. I don't know exactly what the deal is with your thumb and hand but I used to work in surgery with cases like that so I'll make a guess. The docs are probably doing their best to save as much tissue as they can. The less they chop off, the better for you 10 years down the road. Sometimes this requires multiple surgeries to get it done just right. They wouldn't be doing you any favors if they just lopped it off down to the nub right from the start. That would be quicker, sure, but the rule is that the more they can save, the better your future will be. I do know it's got to be really frustrating for you. If you can't work, that makes it even worse. If I were you, I'd put my trust in these guys and let them do what they think is the right thing for you. It's been my personal experience that they really do care about us and they work pretty hard to get it right.
Question:
Jim,
I served in the U.S. Army 1st Infantry Division February 25, 1967 to February 24, 1968. Some background on myself. I have many health problems due to Agent Orange from suppressed immune system, peripherial neuropathy,central and autonomic. Skin carcinoma, excess porphyrinuria, genital chloracne, PTSD, knee injury (service connected),wear a knee brace and use a cane due to my balance problems, memory loss and loss of concentration and other problems. In September 2007 the VA dignosed me with primary polycythemia and dipslademia am one (1) of the five (5) Viet Nam Veterans that represented all our Brothers and Sister in the Federal litigation in 1984. Presently I have more claims pending with the VA. My advice to all Viet Nam Veterans is to get on the Agent Orange registry to be on file. Obtain any and all records regarding their time in Viet Nam and all health records including their Military Medical records. Many Veterans still do not realize these records are in the possession of the VA when you file a claim. We were told in the past the Veteran needed records to prove exposure to AgentOrange when they had these records all the times. What an amazing delaying tatic this had been. Do not give up,continue to fight the system and fight for your benifits as long as it takes, be a major pain. I want to thank you and Larry and all the staff who work to keep us all informed. Sorry for the long email. God blees you and everyone and all our Veterans and WELCOME HOME to all our Veterans from Iraqi, Afganastan and all over the world. Thank you,
Answer:
Your email is perfect! I wish everyone would pay close attention to your words. I'll be publishing it soon and hope others will follow your advice. Thanks for sharing!
