Question:
Jim,
I am a veteran. From the time I was discharged I attempted to get Va disability benefits and keep getting told that I did not qualify or that they would approve benefits for someone like me. Finally March 19 1984 I completed the forms with a VA representative that came to the unemployment office and sent them in to the VA. I never heard anything and when I attempted to call for information got the run around and this happened for years. Meanwhile I had to try and continue working to support my family and then I could not continue. Finally I called again and was told that they had not record of my ever filing and I gave up! I filed for Social Security benefits because my condition had led to my falling on the job and that was the final straw for me that pushed my condition over the edge.
Since then I have had several surgeries and the doctors that treated me are among the best in thee fields in the nation. They gave me the grim news that I would never be able to work again and that the pain I suffered was going to always be an issue. After attempting every conservative medical intervention and many other things that I did not respond to favorably a regiment of medications was found to work and I began to regain my strength as I could move about more often and my level of independence had improved. In September of 2006 I had to seek assistance from my local VA Medical Center because my wifes insurance was gone and I had no way of continuing with my medications.
I explained the necessity of being maintained on this regiment and they assured me that they could continue it. Well they did so until May of 2007 when they stopped the medication without ant warning and left me to go through serious withdrawal for nearly 3 weeks. I asked for an emergency appointment from the pain clinic and they begun to play games with my medications. First telling me that they would never place me back on the medications and then giving them back. All along I knew that it was due to cost and a Dr. who works with them told my wife and I that was the reason.
I tried resolving the situation through the patient advocates but never could get them. So I wrote to a couple of my Senators for help only to find out that they are allowed to investigate themselves and provide a response. Needless to say since then I had been treated poorly and finally attempts were made to accuse me of being a drug addict and they have stopped my treatment and medications altogether. Now I lay here in inhumane pain! My body is turning against me and my other health issues are suffering as well! I can not believe this mess. I have never used drugs in my life or abused any of my medications.I have been under treatment for better than 15 years for my problems before coming to the VA and all of my doctors would swear to the fact that I have always done what I was instructed and there have never been any signs or evidence of my abusing anything!
I feel that they are attempting to do this to provide them with an excuse for why I have been treated the way I have been in order to dismiss my complaint. The amount of pain I suffer from is enough to make a person take there own life and I don't know how long I can endure this without treatment. I have written the Director and the Doctors and well as made phone calls to them. No one will respond with a call back or a written letter. Last week I had to ambulanced to the local emergency room because of chest pains I know were brought on by the amount of stress the pain is placing on my system. I need help in trying to resolve this matter.
Answer:
Your situation is a difficult one.
First, I have to tell you that I have never seen any treatments or medications withheld by VA because of costs. This is a common theory or rumor with veterans who are unhappy with the care they receive. The truth is that civilian insurers are much more likely to attempt to control an individual patient's expenses than the VA. The VA isn't in the business for a profit and I see expensive therapy every day offered with no individual consideration of costs.
To rely on that theory reduces your credibility in the system. It simply isn't true.
Different physicians have different opinions of a given patient's needs. If your civilian doctors were treating you with some medications and your VA doctors don't agree with that, you're experiencing a common issue that may happen any time you see a different physician.
It's often observed that many civilian physicians will give a demanding patient what he wants because that's what they're paid to do. VA physicians work with a diffeent perspective and give a patient what they believe he needs, not what he wants.
This is particularly true in the arena of narcotic pain medicines. I do know that many VA doctors are very controlling in their prescribing of narcotics. I also know that I have personally observed pain medications given to patients who were obviously in need and no thought was ever given to the cost. The decision to prescribe is more often made on need in the VA system than any other reasoning.
There are no non-physician administrators in the system who can alter a physician's prescribing methods so long as that physician is practicing good medicine.
Your only options are to work with your doctors to determine what your needs are. You won't determine that, your physicians will. If you aren't happy with what a particular physician is prescribing, you have a right to question that for a review by his boss. Each VA hospital has patient advocates who will assist you with filing any necessary complaints and so on. How to seek help from a patient advocate is plainly posted in all VA health facilities. I've often referred veterans to patient advocates and the reports that come back to me are overwhelmingly positive.
Your best bet is to partner with the physicians who are treating you and trust their judgment. The great majority of health care at our VA is outstanding and better than the civilian equivalent.
Jim Strickland's Mailbag: Volume #30 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.
04.30.08
Question:
Jim,
I HAD PROSTATE CANCER TWO YEARS AGO AND HAD RADICAL PROSTATE SURGERY DONE. LAST WEEK I WAS TOLD BY MY UROLOGIST THAT MY PSA WAS RISING AND I NEEDED TO HAVE RADIATION DONE. MY QUESTION IS SIR CAN I GET HELP FROM THE VETERANS ADMIN. FOR THIS. I AM A DISABLED AMERICAN VET. NOW DRAWING 10% FOR BILATERAL HEARING LOSS. I SERVED ON AN AIRCRAFT CARRIER FROM 1968-1970. I WENT ON THE MED. CRUISE DURING THIS TIME. I KNOW THERE WERE CHEMICALS ON THE SHIP, BUT I CAN NOT PROVE THERE WAS ANY AGENT ORANGE ON THE SHIP. NO ONE IN MY FAMILY HAS EVER HAD PROSTATE CANCER BUT ME. THE VETERAN PSYCHARIST ALSO TOLD ME I HAD GENERALIZED ANXIETY DISORDER TO GO ALONG WITH THIS. SO FAR I HAVE NOT RECEIVED A RATING FOR THE GAD. I NEED SOME HELP.
Answer:
Your 10% rating is service connected. That means that you are eligible to receive all your health care at a VA hospital. Depending on your income, you may have a small copay. It's very likely that you'll have a copay for medications.
If you have any private insurance, the VA may bill them for whatever they can get.
I'll assume you have a registration card at your local VA clinic for your hearing loss. I'll also assume you get hearing aids through the VA.
If not, you must go ASAP and register. If you need help getting that done, write back to me with details of where you are, what sort of work you do if any, your yearly family income, when you had your 10% rating and so on. You have much to do, the VA is very busy so you need to get started now.
Question:
Jim,
First, thanks for all your good work ! Well here we are about 6 months into the VA appeal in the Federal Circuit Court. I often talk to folks at NVLSP, ( good people ) My deposition is on file with the court. He feels favorable concerning the outcome of our success ------- BUT WHEN !!! The average time is 9 months, what's your take on this? I was on board my ship close to shore for ops with our squadron at anchor in 1965 in Danang harbor with the old P5M seaplanes. YUP, long time ago ! Anyhow, question number two. I have been with the VA hospital here in Albuquerque, NM for the last 6 years ( also good people) My condition is quite serious which I feel was due to exposure to Agent Orange. We were very close to shore and the Sally was awarded four stars for Vietnam service. Now to continue ---- I am 65 years old and have been on SSDI for 15 years due to Diabetes with many complications which are, partial loss of sight, nuerapathy, insulin dependent,ESRD on dialysis and my first session for PTSD, quite bluntly, I am very sick ! If we win our appeal do you think I will be awarded 100 percent compensation? I have the Vietnam medal with two stars. I would appreciate your opinion on the above. USN Petty Officer, 1961-1967
Answer:
My crystal ball is out of service. I only used it for predicting VBA time lines and tomorrow's weather and the damn thing wouldn't get either one right. I'm trying Tarot cards and reading tea leaves now...if I learn anything, I'll let you know.
Yes, you certainly sound as if you'd qualify for 100%. I'm working with other guys who are in equally dire straits and I just don't get this at all. The VBA touts that it only does what the law requires as it makes its decisions about benefits. Then a logical, reasonable and lawful court decision is handed down and the VBA defies it.
They seem to want it both ways.
Hang on...do keep working with the good people at NVLSP.
Question:
Jim,
I receive DIC now and I would like to go back to school. Can I keep my DIC and receive education benefits also? I've been trying to get this answered. I'm so pleased I found you. Thank you
Answer:
I believe the answer is yes. However, like so many things with VA, you must apply and see what happens. Click here: http://www.gibill.va.gov/pamphlets/CH35/CH35_Pamphlet_General.htm
to go to a page that will provide you with information.
Then click here:
and print the form, complete and mail it to your VARO. Good luck!
