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JIM STRICKLAND OPENS UP HIS MAIL BAG AND FINDS.....

-- Veterans' Advocate Jim Strickland answers

questions from VA Watchdog readers.

Veterans' Advocate Jim Strickland provides regular columns for VA Watchdog dot Org.

If you would like to contact Jim about his columns, you can email him here...

The archive of Jim's articles is here...

   Learn More about how to get a VA Loan today -- Click Here

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NO SPELLING OR GRAMMAR CORRECTIONS are made to reader's email unless it's to improve readability, to remove profanity, or to redact any names that may breech privacy.

Jim:

I have read and reread your writing about a well written claim to the VA. And you are so right. And it did help in my persuit to help my husband with his service-connected injuries. But I would like to ask your advice about one thing., if you don't mind, of course. My husband had prostate cancer that had spread with surgery in March of this year, has the customery leaking problem, only his won't stop. His Doctors told him to put in a claim for Agent Orange Exposure, which we did, and we recieved a letter back saying his DD214 did not have anything in it about being in Vietnam so he will have to wait for the decision in the Haas/Nickelson verdict to come back in. Ok....... now to my question to you. I looked up the OpNAV Notice 1650 Master List of all medals awarded to his ship that he did not get and was not put on his DD214. When he was released from service(Navy), he was sent home the very same day and the DD214 was never updated. Several medals were given to the USS McKean both before and after he left the ship, one being the Vietnam service medal. Don't you think I should put in to the Bureau of Navel Personel to have his DD214 corrected and ask for the medals he should have and also turn in this information also to the VA adding this to his claim since his cancer is coming back and now has to have radiation, I know they probably don't want to hear that part but I would like to know your opinion on this matter if you have time. Also, I would like to Thank you in advance for reading over this very long email and hope you will take the time to answer me back.

Answer:

I'm sorry to hear of the problems with prostate cancer and the need for further treatment.

If you were a part of the "Blue Water Navy" serving off the shore of Vietnam and you never received recognition for that in the form of the service medal, yes...you should have that corrected. Without the appropriate documentation of your service, even if Haas is allowed in the future, you'll be denied.

Once you have that corrected, if you'll write me again at this address, I'll help you get started with a claim. If Haas is in effect anytime soon, your prostate cancer may well be presumptive and the claim will be routine. If Haas isn't acted on favorably, that doesn't mean that you can't file a claim. If you have doctors who are encouraging you to file an Agent Orange claim and one of them is willing to write a simple statement, VA may award your claim based on that statement.

But first, get your record corrected, we'll go from there. You can find help with that by clicking here http://www.arc
hives.gov/veterans/military-service-records/

(Follow Up On The Above)

Jim:

Thank you very much for reply to my email. I did as you said and have ask to have DD214 corrected and have asked doctors (there are 4 right now) to write a statement and they said they would so I have to collect those and take them down to Regional Office for help on his case. I have learned it is better to take things down there, and have it stamped, so I know then it will be properly added to his case and hope it will help until we get his DD214 corrected and replacement medals and awards back. You have been a real big help and glad to have you on my side. Am sending you a great big Thank You!
 

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Jim:

My son is 100% disabled for the loss of use of both feet; Paralysis of ALL Radicular nerve groups @ 20% service connected; Paralysis of ALL Radicular nerve groups @ 29% serveice connected; Impaired hearing @ 0% service connected;Tinnitus @10% service connected; Migraine headaches @ 0% service connected; Lumbosacral or cervical strain @ 10% service connected; Scars @ 0% service connected; Means test no longer required. He's married and has 4 children. He was told to not be driving at all because of medications. He also back in 2003 found with a brain lesion, and they are going to do an MRI of the brain as soon as they get it scheduled from his last appointment of 11/26/2007. No testing has been done other than blood work and urine tests for heavy metals and routine since he left Ft. Hood, Tx in 2004. The neurologist has ordered a copper serum and methylmalonic acid serum test. His neurologist said he didn't know of anything else to do for him, and he would probably send him to Houston Texas. His wife has tried working the past couple of years because of all the stress and depression and pain going on with him and her and the children, and finances. It's been HELL. Now he's getting worse again so she's going to have to quit work. I can't do it any longer because of my health condition. They also ordered a social work consultation too. They took in paperwork for the doctor to fill out for the traumatic injury protection insurance and he said he couldn't fill it out because it was for only traumatic brain injury and loss of limbs from explosions. But he doesn't know what he's talking about. So he's got another appointment with his primary care provider VA on 12/17/2007 and he's going to try again. He also has a serious prostatitis problem that he's been having for almost a year and a half. He been on Cipro in the past, and it helped some and they thought it I guess reolved but it has returned, and he has to sit down on the toilet to pee, because it takes so long to go. He's now on Moxifloxicin Tab 400Mg for chronic recurrent prostatitis infection and Torazosin 1 mg. bedtime for urine flow. Doesn't HELP. He is Morphine 30mg every 12 hrs. for pain control. Acetaminophene 500mg tab/Hydrocodone 7.5 1 tablet every 4 hrs. for pain control. Simvistatin 20mg. 1/2 tablet bedtime for cholesterol; Albuterol inhaler for breathing; He's taken all kinds of medications after medications after medications. They keep him medicated. Percosets, Loratabs, all kinds of seizure medications(although he doesn't have seizures Thank God) He's on Cymbalta. Neurologist Diagnosis: ICD 355.9 Mononeuritis of Unspecified site; Peripheral Neuropathy. He can't hold things at times and he also has started back falling again this past year. His grip in his hands is gone he has dropped and broke 2 full coffee pots trying to pour his coffee. On 8/21/2007 Neurologist stated in his current ststaus. small fiber polyneuropathy that is extremely painful and probably caused by an exposure in Iraq. Impression: painful small fiber polyneuropathy, which is most likely toxic in nature. Exposure is uncertain. Chronic pain of alll extremities from sensory neuropathy This started in his feet with no pulse and has gone now as far as his knees, so the doctor said. Anyway the VA representative said he might be able to receive $200.00 to $400.00 dollars a month for Aid and Attendance. He has my son scared that the VA could decrease his compensation. My son is still on TDRL. Just got another letter saying he's up for review.

Thank you

Concerned Mother

Answer:

After an exchange of emails, we've determined that your son's issues are very complex and he's unable to help himself. As he has been poorly represented by a part time, volunteer Veterans Service Officer, you must seek advice from a State or County Veterans Service Officer (CVSO). Your son's case is entirely too complex for anyone but a qualified and skilled VSO. When a Veteran is unable to help himself with navigating the hazards of the Veterans Benefits Administration, I strongly recommend that he seek assistance only at a state or county Veterans Service Office.

As a rule, the County Veterans Service Officer is better equipped to handle complex issues than any of the volunteers from the other organizations. You may read more about the training and credentials of a CVSO by clicking here http://www.nacvso.org/

So that you may promptly get started, I've personally referred you to a CVSO who has an office close to you.

----------

Jim:

My vetwife's group has a question. Any help or advice you can give will be passed on to my group. I will keep your name out of it if you like. Apparently the VA, is running scared, that they will lose the Haas case. They can't get the President's bill 2026 through, so now they have decided to change the ruling of M21, to eliminate all of those veterans, who received the VSM medal, for presumption of exposure to Agent Orange and other herbicides. Anyone have any ideas how to fight this and to keep it from happening?

Answer:

You may use my name, quote my articles and share our emails. I will maintain your privacy, you're not obligated to maintain mine. I'm a public figure because of my exposure as a writer and Veterans Advocate so feel free to pass any of my work on.

First, I'll point out that the VA doesn't "run scared". The VA is an organization, a giant bureaucracy that has existed for decades and isn't going away anytime soon. The VA will be here long after they've issued me my final brass plaque for my grave at the VA cemetery. The VA wins some and it loses some. I promise you that no person within the VA will lose sleep if Haas is won or lost, they'll just keep working. What is happening at VA with Haas is just routine, nothing more. It's just business to them.

Larry Scott headlined the issue on VAWatchdog earlier, he spoke with a trusted lawyer and wrote a nice commentary. That article is here http://vawatchdog.org/07/nf07/nfNOV07/nf112807-6.htm

The drill that is the Haas ruling is how our government works. You may have heard that old saying..."There are 2 things in this world you don't want to see as they're being made. Sausages and laws." It isn't pretty in either case.

Personally, I think the position of the VA is absurd. Those who are fighting on behalf of the VA would tell you that in this as in all things, a line must be drawn somewhere. They would argue that if you allow Blue Water Navy to make a claim because they were off shore, then a pilot who flew over would want to make his claim too. Next would be the soldier who cared for wounded in another country because he's sure that those who were evacuated from Vietnam had AO in their clothing and it got on him.

VA is just drawing a line and the legal process is ongoing. This is how America works, someone wins, others lose.

What to do about it? Get political. The only thing that really works is to let your Congressman and Senators know how you feel. As far fetched as it seems, they do listen to voters. Writing letters is a great idea. Not the silly form letters you see on the Internet and click a button to send but real letters from real individuals. Those "chain letters" and Internet petitions are largely ignored.

Most representatives have a secure box on their web site to send email. Paper letters don't work as well any more...all the anthrax scares have eliminated that. But, your emails get read. They get read if they are sent from individuals and when they make a point. Ranting is no good. Telling one's life story isn't going to be but glanced at. A pointed email sent from the representative's personal site will have impact.

I write to my Congressman, he replies. The system works if you use it. I often use Thomas at http://thomas.loc.gov/  to see what Congress is up to. It's all right there.

Keep up the good work with the Veterans Wives group. We all appreciate your dedication to the cause.

-------------------------

Larry Scott  --

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