Jim Strickland's Mailbag: Volume #67 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.
10.30.08
Question:
Jim,
I've just discovered your column. Really like the site and thanks for the great info. Quick question for you. I saw your volume # 13 for 2008 today. You'd mentioned you'd had a "bout of Meniere's". Is it something you've been diagnosed with and just had an episode? Or is this something you "got over"? I've been recently diagnosed with Meniere's and I'm just curious.
One other quick question. I currently have 10% for back pain and 30% for migraines. I have a pending review for a claim originally denied in 1993 when I separated for tinnitus having received a new diagnoses for tinnitus that was originally diagnosed in 1992 during my service. It was denied originally because I didn't claim it on my separation paperwork, and again last year because of no new material evidence. So my doctor wrote out a diagnosis of tinnitus for the VA and that's pending. I had tinnitus during my service, starting after a perforated ear drum in boot camp, made much worse after I was struck in the head by a falling 15 lb. sledge hammer while at sea. It's been suggested I pursue the tinnitus and Meniere's as separate claims, although I believe the tinnitus is merely a symptom of the Meniere's that's been undiagnosed until last month. I never associated the dizziness with the ringing in the ears on my own. Not trying to game the system, just want what's right. Best to pursue the tinnitus and Meniere's as separate claims or just one? Thanks very much.
Answer:
Those are separate claims. The tinnitus will stand alone and will max out at 10%. You can't get a higher rating for the condition. Depending on the severity, Meniere's can be a very disabling condition.
If your tinnitus was denied because you didn't claim it on separation and then again because of no N & M evidence, you should appeal all of that. There is no timely requirement to make a claim but for a very few conditions, mostly associated with Agent Orange. If you have all the old paperwork, it would be interesting to consider taking it all the way back.
My bout of Meniere's was brief, a day or two at most. I was in college and working at the time and woke up one morning to fall out of bed and lie on the floor certain that I was dying.
I never had any trouble again. It was very odd. I have better than average balance...necessary for a biker. I love deep sea fishing and while my friends are heaving over the side, I'm having lunch and enjoying that up-down-up-down of the ocean swells. Go figure.
The ear drum is worth nothing. Interestingly, if you have evidence of the hammer to the head, you may want to think about TBI...traumatic brain injury. There is a lot of new evidence about that today.
Question:
Jim,
I have a Question on how to proceed. I just returned from my V A Medical Center. I went to see the dental dept.to have a broken denture fixed or replaced that had broken on Friday evening. I was told that they had no one there to help me for he had retired. I was told to either pay for it myself or wait. I was told that I would be placed on a list. I'm 100% SC, I asked if I did pay for the repair if I would be reimbursed I was told No. I read your advise and have a lot of faith in your suggestions.
Answer:
After a couple of quick emails I referred yo to patient advocate. The majority of patient advocates take their job seriously and they love to close cases. Your reply here confirms that thought; "I saw the patient advocate and was informed that the Dental Dept found their error, I will be getting a referral to a local Lab. I will let you know when I receive it. Thank you for your help, and you are right about not losing your temper. I just informed them that I would not take 'No' for an answer. Thank You"
Question:
Jim,
I'm a Vietnam Veteran, Saigon 67/68. In 2007 I was awarded a 50% service connected disability rating for PTSD. In January I put in a claim for "Service connection for hypertension as secondary to the service-connected disability of PTSD" Although it is undisputed that I have had hypertension since 1985, my claim was denied. I would appreciate any advice you could give me on this matter.
Answer:
The nexus (link, connection, causation) from PTSD to hypertension is not well established. For instance while we know diabetes greatly increases the risk to heart disease and smoking increases the risks of strokes, the same is not a clinical given with PTSD to high blood pressure.
You'll only win this claim by providing an excellent nexus letter from an expert physician. The letter must clearly state that (amongst other things) the physician opines that it is more likely than not that PTSD was the cause of the hypertension. Not, "likely" or "maybe" but "more likely than not".
I've written about this and provided much more info at http://tinyurl.com/5wxapm
Question:
Jim,
I am a Navy veteran who was involuntarily discharged afted 15 years of service, with many accolades I might add, when I, directly after family death, I made a stupid decision and subsequently owned up to my mistake after returning to my duty station following the funeral. I realize that the commanding officers had no choice but to discharge me as I had admitted to my mistake and took full responsibility for my actions. I requested a review board and plead my case at that time and received a General under Honorable discharge after the review board heard my circumstance and was told that they were all in agreement with why I had done what I had done..but of course, as I had admitted to my mistake, were obliged to discharge me but were not going to give me a dishonorable. I want to upgrade my status only because I feel that as 10 years have gone by I would like this off my record..Please advise me of any action that I may take to get this done...Thankyou
Answer:
There are some very good articles on the Internet and I refer a lot of guys to them. You aren't alone by any means.
Click and read...
Those will get you started.
Good luck.
Question:
Jim,
Thanks for your support of veterans. I have been granted service-connected disabilities, using your mailbags and information provided on the VA Watchdog site.
My questions are thus, I have been purchasing VA prescribed medications from the VA for about three years; while awaiting the VARO decisions on two claims. The claims have recently been decided in my favor. Is there a procedure for my request to the VARO for reimbursement of all the medication costs I have incurred in the last three years, pertaining to these claims, while awaiting the VARO's decisions on my claims?
Is there a procedure for obtaining reimbursement for my out-of-pocket costs for a doctor's independent medical opinion? I already suspect that this one is on me.
Thanks for your time and consideration.
Answer:
Interesting question. I hadn't thought of it quite that way before.
I'd have to default to "No", no way on either. That doesn't mean that there isn't some arcane twist that I'm not aware of, it only means that in my years of dealing with all this I haven't come across it.
