Jim Strickland's Mailbag: Volume #58 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.

09.11.08

Question:

Jim,

1st Question

My ex-husband recieves alot of money from the VA, around $3500 month, and our daughters whom I have full custody of and have been by myself with for 15 years recieve $230 a month each, total $460 monthly. How do I check if their amount should be higher?

2nd Question

He took me to court to try to get full custody of our 17 yr old. And the judge sent him for a drug test. He failed the test and tested positive for pot and cocaine. They have sent social workers to his house and he is not allowed to be alone with the girls. He also has to be tested 3 times a week and go to a drug rehab treatment program. Question- Is he or could he be in danger of loosing his disability?

If you need more information please e-mail me back Thank You

Answer:

Your first question can only be answered by a family court judge. If you believe that you should receive child support or an increase in the amount of child support, you must go to the court and complete the documents that will get you in front of a judge. Most family courts allow you to represent yourself so you don't have to pay a lawyer. You're always better off with a lawyer although many states do represent the custodial parent.

But...I have to make this very clear...the only person with any authority is a family court judge. Nobody else on the planet can make that happen for you.

His VA benefits do not have anything to do with his lifestyle or substance abuse issues. Disability benefits can only be interrupted for very tightly controlled causes. If he were incarcerated more than 2 months, or if he were issued a warrant for arrest and didn't respond would there be any cause for VA to be concerned. There are a few other things but they won't apply to your situation.

Your best bet is to leave VA out of it and go to family court.

Question:

Jim,

how do i go about trying it get an increase in my disablity? I am at 60% now and my doctor say i should look in to getting it highter do to the fact that my injuerys are getting worst. thank you

Answer:

Easy. You write a letter to the VA Regional Office you use and you tell them that you want to have an increase because your injuries are worse. It really is that easy. Make the letter short and very polite and formal. Use certified mail, return receipt requested to send it. Don't fax it or hand deliver it, this is an important step. You'll hear from them in a few weeks and you'll be scheduled for a C & P exam and then in a few months you'll have your decision.

Be sure to provide them with statements from the doc, medical records and so on. Look through my archived work and you'll read a number of pieces about increases. Many such requests are denied. It's just part of the game so if your request is denied, it's time to retain a lawyer. There are many fine lawyers advertising on VA Watchdog so you can call a couple of them to find one to work with.

Question:

Jim,

once disability benefits are awarded can they ever be taken away?.thank you

Answer:

Yes. There are a number of ways that the VA can eliminate or reduce benefits. There are active and ongoing programs to do just that. The VA says it's a matter of law. The law mandates that you are appropriately rated by VA. VA interprets that to mean that their task is to ensure you're not rated too high. It's just control of the budget.

Most common are reductions of 100% to 60%, 40% or lower. I spoke with a vet Tuesday of this week who had been advised of a proposal to reduce his 100% to 30%. He didn't believe it could be done and didn't want to take the necessary steps to prevent it so on November 1st, I'll hear from him again as he notices his much smaller bank deposit.

Question:

Jim,

I am going for my C & P exam in couple weeks, just went to psych doctor at VA and he wrote I had chronic PTSD. Also prescribed anti-anxiety med. My question is I feel like the AMVets person has not went out of his way to make sure I am sending in all that I could to support my claim. ( sent in dd214 and that was it, that was all he said I needed)

I have since typed a story of events as they happend to me as a squad leader in Vietnam and added to the form I sent off in support of my claim stating my feelings over the years. Do you thank this is a bad idea to turn this in at my C&P? Someone said it may sidetrack and delay everything. Thanks For Your Help

Answer:

Because I was on leave, I was late in responding to your email. I advised you that although it's a good idea to take copies of important records with you to a C & P exam, the examiner won't always accept them. The examiner is not the decision maker for your benefits application. That's the job of the Ratings Veterans Service Representative at your VARO. The examiner at the C & P exam has a request from the RVSR and instructions on what to examine are in that request. The exam is usually an assessment of your condition at the exam and nothing else.

Some examinations are conducted with the additional request to review medical records. If you have pertinent documents with you, you may leave them with the examiner in that case.

The examiner may not accept them under any circumstance so don't let that surprise you. In that case it's up to you to ensure that all relevant documents are handed in to the VARO to become a part of your file. You do that by mailing the documents along with a cover letter to the VARO. Be sure each document has your full name and file number on it. Use only certified mail, return receipt requested.

That's troubling that your VSO didn't want you to submit anything other than your DD-214. He should have instructed you as to how to write the letter that you sent off...that's called your "Stressor Letter" and is an important piece of evidence for you. That should have been sent in to the VARO soon after you completed your 21-526. You could have also tried to collect buddy letters, unit records of operations while you were there and any other evidence that may support your claim. The more evidence you provide, the better your chance of a favorable adjudication.

Question:

Jim,

I am working with the American legion VSO but every time I go to see him he's to busy.which I can understand with the oif boys coming home. the question I have is that every time I stand out side his door he asks for my last four and Name which he writes down on a Tablet,are VSOs rated for the amount of names they collect or the amount of Vets He really has a Sit down conversation with? Thanks for your time

Waiting in the Hall

Vietnam vet

Answer:

Your email to me would be funny if it weren't so sad. I don't understand why the system has deteriorated to this and I hear this every day. If you'll write to me, I'll promise to reply as quickly as I possibly can, usually the same day. I don't have a hall to wait in but you can play computer games instead.