Jim Strickland's Mailbag: Volume #62 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.
09.25.08
Question:
Jim,
I was wondering what you know about Vocational Rehab and them helping me get through schooling and costs with my 60% disibility rating. I have my orientation with their office on the 16th of this month. Your knowledge would be greatly appreciated.
Answer:
I don't have a lot of experience with voc rehab. The comments I get from readers are a mixed bag. Some do tell me that their voc rehab counselors can be a pain but I know for a fact that some of us vets can be a pain too so it balances out.
As with most things VA, the best advice I can offer is to expect the unexpected. Just like active duty there will be a right way, a wrong way and the voc rehab way of doing something. Even if it doesn't make sense, don't waste your time struggling against the system, roll with it and get on with your life.
I'm going to assume you're a veteran of recent war. Thank you for your service sir.
If that's correct and you're just being introduced to the VA, I'll warn you that the Department of Veterans Affairs is broken. The worst of it is the division called the Veterans Benefits Administration (VBA). Inside that business unit is the most broken piece of all, the Compensation & Pension section.
Contrary to what you'll hear, the VA isn't out to get you. The sad truth is that they are incompetent to a degree that when I see something correct come out of there it surprises me. Luckily, the appeals process is almost never ending in VA. I advise everyone that an appeal or two is just part of the routine today.
Your best bet for info is at the VA site: http://www.vba.va.gov/bln/vre/index.htm
The VA web site is really pretty well done. There is so much there that until you get the hang of it, it can be hard to navigate. Click here http://www.va.gov/ for the front page and go exploring. I've also opened a new benefits site here http://tinyurl.com/6ahefg
Finally, if you're at 60% and you have issues with future employment, this will be a good information resource for you in the future:
I'm happy you found the VA Watchdog. Let us know if we can be of any help as you get your life on track.
Question:
Jim,
Good morning. Just a quick update. By following your advice and being proactive on my own behalf, I was awarded 100% rating, service connected, after the second go around. Ten months, start to finish. Type 2, with the typical spin offs, cardiovascular, nuropathys, mi's, renal problems.
For the most part I found the people I've dealt with in VA to be helpfull and patient. I feel like progress was made after "Firing" the DAV rep. who repeatably did not return my calls.
I refer your site to every vet I run into. Its amazing the number I've run into who have no idea that they qualify for benefits, that they have rightly earned through they're service.
Again, thank you for who you are and what you do. Sincerely, RVN Veteran, 1971, Army.
Answer:
You just made my day. I hear success stories like this often and I get stronger and more motivated with each one. I'm convinced that there is a "best practice" model that should be followed each and every claim from start to finish. The veterans...like you...who learn the rules, follow the rules and have a genuine case that deserves the benefits will win every time. It's been my experience too that most VA people want to help you when you deal with them one to one and without the intermediary between you.
It's when you want to game the system or that first paperwork isn't perfect that things can go wrong. Keep the train on the track and it will move forward. Once you knock it off the rails, it's a challenge to get back on there.
Thanks for sharing!
Question:
Jim,
I am a Vietnam Veteran, honorably discharged in 1970. When I came home from Vietnam I had problems with anger issues, nightmares, flashbacks and all the other symptoms associated with PTSD. I had no idea I had PTSD until 2007 when my wife told me flat out she was leaving me unless I got help. I made an appointment with a Counselor and went to every appointment because I didn't want to lose my wife.
At the age of 33, with no prior history of heart disease, I had a heart attack and suffered heart muscle damage. I was prescribed medication for hypertension, high blood pressure.
In 1999 I had another heart attack and had open heart surgery. In 2004 I was diagnosed with Sugar Diabetes Type II. Almost a year ago I was diagnosed with Carotid Artery Disease. One side is 100 % blocked and is inoperable. The other Carotid Artery is 68% blocked and the surgeon will not operate until it is 70% percent blocked because of the risks of surgery. I have had two mini strokes.
Now I am hearing there are studies that suggest there is a strong relationship between PTSD and CHD. I am wondering what your opinion is on what my chances are of getting my Heart Disease at this late date, declared as secondary to PTSD and should I even apply?
I have an overall 70% disability rating from VA, Diabetes-20%, peripherial neuropathy both arms and legs-10% each, carpal tunnel-10% and PTSD-30%.
I have a Veterans Service Officer but he must be extremly busy. I filed a claim for an increase in my compensation for sugar diabetes, PTSD, ED and neuropathy and it was denied. I never received any communication from my VSO regarding this denial.
In September 2007 I filed for an increase in compensation for diabetes, peripheral neuropathy in both legs and arms and carpal tunnel in hands. I filed a new claim for PTSD, diabetic retinopathy and ED.
In June 2008 the VA determined that diabetic retinopathy was not service connected. No increase for Type II Diabetes Mellitus, peripheral neuropathy or carpal tunnel syndrome because they determined these conditions hadn't changed. Claim for ED was denied.
After hearing nothing from the VSO, I finally called him. He was on the phone and didn't call back for days. Then he claimed my paperwork had been sent to the wrong office. He was supposed to get the paperwork and call me back. When he didn't call back, my wife wrote up the Notice of Disagreement letter for me and mailed it in. I have already received a response from VA asking which process I want to elect. I elected the DRO process and mailed the paperwork in. I have now submitted a claim for Carotid Artery Disease secondary to Diabetes. I think I have covered all my bases with my responses to VA without the help of the Veterans Service Officer.
I have begun the process on my own of disagreeing with the VA's denial of an increase in my compensation. Any advice on this issue will be greatly appreciated.
Answer:
I'm being hammered with letters like yours. "I have a Veterans Service Officer but he must be extremely busy. I never received any communication from my VSO..."
I'm afraid that this seems typical. I'm happy you found the way to do it yourself.
I hear a lot of chatter regarding PTSD and vascular disease. It's a reach. That doesn't mean it's out of reach. The number of scientific articles linking vascular disease and PTSD are increasing and the relationship is becoming more accepted in the medical community.
You and I have exchanged a couple of more emails since you wrote this. As your situation stands today, you don't have any hopes that your VSO will help you and you have been denied increased benefits across the board. You have filed a NOD and asked for a DRO review. Your filing is after June of 2007 so you are eligible to be able to retain an attorney to advocate for you to the VA at the DRO level and you may also have the lawyer at your side if you case needs appeal to the Board of Veterans Appeals. As you've learned, to retain an attorney now won't cost you anything unless and until you win your benefits.
I've strongly recommended that you contact an attorney who is expert in disability law as well as certified to practice before the VA. You've agreed to contact an attorney and you'll follow up with me as your case progresses.
Question:
Jim,
I finally recieved the official claim decision papers from the VA. They awarded me 100% permanent and total. Wow! was that a battle. I never thought I would see the day. I must thank you again for all the expert advice that you supplied me with during the claims process. If I would have listened to the County Veteran Rep that was originally assigned to me. I'm sure I would have been another 1-2 years away from the decision of 100%. When he said don't write any letters because it does no good. I listened to you, and wrote letters. When he gave me advice that was the opposite of yours-I went with you, and he didn't like. I constanly tell other Vets about VA Watchdog, and how its the best Veteran site out there. I just have one quick question- Is a 100% disabled -permanent and total rated Veteran allowed to earn any money at all. I know you must have this answer in your archives, but I just wanted to write and thank you again.
Answer:
Outstanding! You had a complex case and there was a lot of work involved. You and I started communicating in October 2007. I remember well when you asked me about your diabetes in December 2007. The regulation at Title 38, Part 4, Subpart B, Sec. 4.119 Schedule of ratings--endocrine system, 7913 Diabetes mellitus tells us that the condition may be rated at 40% if you requiring insulin, a restricted diet, and regulation of activities. The condition may rate only 20% if you require insulin and restricted diet, or; oral hypoglycemic agent and a restricted diet.
You told me that you had asked a number of people, including your VA physicians just what "regulation of activities" meant and you had varied responses. Most told you they simply didn't know. Those who gave you a more positive answer were wrong. Your VA defines "regulation of activities" as, "avoidance of strenuous occupational and recreational activities".
Now, what do "strenuous occupational and recreational activities" encompass? Your guess is as good as mine. However, if a veteran is applying for an increase in the diabetes benefit, it would be smart to have a statement from a physician advising the veteran patient to "avoid strenuous occupational and recreational activities".
A 100% P & T veteran who is rated as such on the schedule (A 'schedular' rating) is allowed to work as much as he or she may be able to. The veteran who is rated as 100% P & T as Individual Unemployability (IU) may work but needs to exercise caution in how much work he does and how much money is earned. The IU veteran who is able to hold "gainful employment" for a year or longer may lose the IU benefit. Gainful employment may be loosely defined as full time work that earns a wage above the federal poverty level.
Now you have your benefit. I couldn't be more pleased that what you learned at VA Watchdog helped gain that benefit. All Larry and I will ask in return is that you now get out there and pass it on. Take all you've learned and go help a brother or sister through the struggle.
