Question:
Jim,
I wonder if you can please answer a question for me. My husband was very ill for many years and passed a year ago April. I remember he received little money for the retro retired pay. He was in for 20 years and had retired with a disability in 1988. We learned in May 2006 that he had been paid VA pension all those years as "Single" while we were married at time of death 34 years. Due to his illness and death I didn't know if as the surviving spouse I could request a recheck or how to go about it if I could. Could you please inform me if I can and if I should be able to who and how to ask?
It would not probably be much but to a disable widow everything helps. Thank you for your time. Best Regards.
Answer:
The most you would ever be able to collect is 1 year of the pay. The law keeps it to that level so there won't be any huge payouts required. The thought behind the law is that the veteran should have
noticed it back then.
If he died many years ago, I'm sorry but I don't know of any way that you could collect even that. If he died within the last year, you could try to go for some of it. In that case I suggest you ask for
help from a County Veterans Service Officer in your county. They're usually at a VA clinic or listed in the local phone directory.
Jim Strickland's Mailbag: Volume #55 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.
09.02.08
A Special Note From Jim Strickland:
"While I was out of my office, many of you wrote to me and received my 'away message'. I've been catching up with those emails as I get back to answering your questions. Some of the emails that haven't been answered seem to have fallen through the cracks. If you wrote to me and didn't get a reply or if I haven't responded to you, please write again. I apologize for any inconvenience. As many of you know, I try to answer my mail quickly and I don't like thinking that I may have missed yours. Thanks! Jim."
Question:
Jim,
Just recieved today my appointment for QTC . In it was a list of do's and don'ts. They do not want me to bring any medical records just a list of pyh meds that I am on.Do you thank I should bring the letter for the counselor that diagnosed me with severe PTSD and the original pages of the letter I sent to the Va about my tour in Nam and my condition now? Any direction you can lead me to will be appreciated. Thank You
Answer:
Yes, take any notes you may have with you. Don't be surprised if the examiner won't accept them. The examiner is an employee. He gets orders from the VARO. Some orders say "review all paper history" and other orders tell him "immediate impressions only". Even if he does accept them, you should mail copies to the Regional Office to have in your file. The examiner is not the one who decides your disability. That job is done by a rater in the RO.
So...go prepared with paper and notes but go with the flow. Don't let anything catch you off guard, just accept what happens as it happens.
Question:
Jim,
I am a Vietnam Veteran whose service-connected disabilities include peripheral neuropathy in both lower extremities (rated 20% each) and both upper extremities (rated 10% each); aphakia of the right eye (rated 40%); diabetes mellitus (rated 20%); erectile dysfunction, caused by the diabetes and drugs I take but still (rated noncompensable); and high blood pressure (rated nonservice connected) because the VA diagnosed it before diagnosing the diabetes.
I must use aids; Canadian crutches, a walker, cane, or whatever is within reach because of loss of balance. The Board of Veteran's Appeals, Washington DC has decided that all of the above and non of the above cause me to have balance problems, even though others with similar condition(s) do have difficulty with their balance. But, since I suffered brain damage prior to military service, at the age of three, that is the sole reason I now have balance problems; near the end of my life. I need to know; cann't figure out how to word this. What is the law/regulations regarding previously existing conditions?
I made it perfectly clear that I had brain damage when I was accepted into the Navy. I was questioned about it and when I answered that I did not have headaches, it was decided to take me.
Answer:
The rules regarding preexisting conditions are fairly clear. You must be able to prove it. Your word isn't enough, you'll need medical records and so on. Then, you must show how military service aggravated the preexisting condition.
If you have medical records documenting brain damage before you entered service, you may have a case.
Question:
Jim,
I have a friend who's father was a Vietnam Veteran, and he was born with in a year from his fathers return. He has type 2 Diabetes. His family has no record of diabetes. I was wondering is he eligible for anything from the V. A.? Also if he is how do we apply? Thank You.
Answer:
I don't know of any benefit that the child of a Vietnam veteran who has developed Type 2 Diabetes would be eligible for. To my knowledge, there are few such benefits available in other very special circumstances. More about VA benefits for dependent children is here http://www.vba.va.gov/bln/dependents/child.htm
Question:
Jim,
Just found the VA watchdog website and have learned more from this site than any other, and need and would greatly appreciate your recommendations and advise. I have four claims pending with the VA, and I'll just concentrate on two for now. I'll be brief as possible.
Medically retired in 1991 after 24 years active duty, due to lower back problems. In 1987, 1988, and 1989 I complained about my shoulders bothering me before, during and after PT (push-up, pull ups, weights, etc) and went to medical, but medical took x-rays and basically told me there was nothing wrong. Therefore, I had to continue with PT.
The VA claims they denied my claim for arthritis/bursitis in 1992, and 2000, and I have repeatedly sent letters to the VA under FOIA requesting copies of the exam, specifically,
* Copy of the initial request for C&P Examination transmitted to the medical facility
* The doctor’s report furnished to the VARO; and any lab reports, X-rays, MRI and special tests performed and sent to the VARO.
* Worksheet used by the examining physician
* Dictated report of the examination, test results, radiological reports, lab results
* And a statement from the medical facility of the examining physician’s qualifications
The VA does not answer me, so I've now sent the letters by certified mail return receipt.
Also, due to Hurricane Katrina, I discovered the original x-rays from 1987 & 1989, which I forgot I had taken from Navy medical when I retired. Took these to my orthopedic Surgeon along with x-rays from 2005. He reviewed the x-rays and claims they clearly show an arthritic AC joint and wrote a letter to the VA that I had arthritis in 1987 and most likely earlier. He claims all the sports I played, as well as, the daily PT requirements are the cause of my problems. Arthritic AC joint & bursitis of the left shoulder.
The VA continues to deny, delay, and hope I die before they have to pay my claim, but at least I managed to re-open my claim. How do I proceed now? Do I go to the board of veterans appeal?
I have requested the same info as above for the C&P exams in DEC 2007 and MAR 2008, but have yet to receive the information from the VA. Incidentally, my case file was not sent by VARO for the DEC exam, and the same Doc did not read my case file in MAR 2008 (I asked him and he did not read it, but instead he looked in the computer and told me there were no prior claims listed for left shoulder, and this was a new claim. He refused to look at the x-rays from 1987, 1989 and 2005. I plan on going back to my ortho and having him do a complete C&P exam and sending that to the VA.
I have a similar case for arthritic knees, but no medical entries, only my PT logs, which shows miles ran and notes, like knee hurt, legs swelled, etc. more than thirty five entries over a period of five or six years, and two buddy statements, one who was on active duty with me. I have managed to reopen this case also. How do you recommend I proceed now?
Thank you, and appreciate any advise.
Answer:
If you've been denied after June of 2007, you should seek the services of an attorney. Your case is complex enough that it's well worth your time to review all of this with a good lawyer.
