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JIM STRICKLAND'S MAIL BAG: VOLUME #31 FOR 2008 --

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...

To find an answer to a specific VA benefits question, use the VA Watchdog search engine... click here...

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

by Jim Strickland

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.

Jim;

Good Day to you sir. I am a honorably discharged veteran of 7 years in the coast guard and would like to take advantage of whatever benefits are available to me through the VA. My biggest obstacle is not knowing what first steps to take or what links to check out regarding my issues. Thank you for taking the time and consideration regarding this email and hope that you can assist me in any way possible.

Reply;

The best place to start is at the VA web site. It'll give you a lot of knowledge, most of it easy to understand how it applies to you.

The tough part comes in getting answers to a specific situation. For example, I specialize in assisting veterans earn their deserved disability benefits. If you have any injury or illness (called a "condition" by VA) that originated while on active duty or if preexisting was aggravated by active duty, you may be eligible to receive disability benefits that are wide ranging.

However, the system is markedly adversarial and full of traps. I walk you through and teach how to avoid the traps. That you were CG adds a twist that will depend on things like when and where you served.

Take a look at the site here http://www.va.gov/  see where you feel you fit in and then get back to me for specifics.

Thanks for your service to our country!

Jim;

i serve in the marine corp doing the Beirut bombing.I been fighting the va far 20 yrs, i got 40 percent for both my knees left shoulder and right foot. Also i been figth for ptsd from 1994 they told me there were not sure ,because i had a bad drinking and drug problem.back then .No bobby could understand me for 20yrs or more and put in for the ptsd again and they have found the stress-er and incident found Beirut. I took the c/p physical and was diagnose with serve ptsd and GAF .45 My ptsd doctor both of them stated that aim unemployable plus my primarily care doctor The gaf score rates me between70 and 50 percent how would they rate me over all. will they take the 40 per and add to the ptsd or will they rate me at 100 per . I was diagnose-by my doctors i am unemployable.Right now aim waiting for a answer from the va again

Reply;

I imagine you'll get a higher rating. However, we can never predict what they'll do inside those offices.

Do your best to wait patiently and as soon as you get your letter, contact me and tell me what it says. Please feel free to write to me at any time...save this email and reply to it when you can. I'll be here to help after you get that letter.

Jim;

I am a VN vet who has a current %100 disability. It is a combined due to wounds from AK47, PTSD and auto-immune problems which I believe are related to AO. I am honorable discharged with Purple Heart and Bronze Star not to mention other stuff which don't matter much to anyone but us who did the job.

My story is quite involved but I will not go into it all just now, but sum as follows:

I stopped physical primary care with the VA due to issues in which the VA failed in my physical health and actually traumatized me with medication complications. Further, I found willful alterations in my records which indicated health issues resulting for exposure to AO. I just do not trust them with my physical health any longer. I have continued my visits to the Psyc Clinic for my PTSD primarily to keep my med's for continued nightmares. All has been Ok up to now.

Now to the current. I went for my three month visit this last Tues. the 15 of April. I was made to take a blood pressure test which they have never done before. I was told it was just that they were now doing like they do in primary care. I had no problems with that. However, when the BP was taken it first gave a false reading which was way high for me.

I take my BP on a regular basis and know what my ranges are. I do this because I am on injectable Methotrexate for my auto-immune problems. It is quite toxic and thus I monitor my vitals on a daily basis. There was some debate in which the nurse essentially implied that I did not know what I was taking about or a liar. I am certified in First Aid and the use of AED (Automatic Emergency Defibrillators) with more then one organization. I am a volunteer CERT member under the Emergency Management through FEMA. So you see I am not stupid to the issue of my blood pressure. i never informed her of my training.

The nurse then left the machine on auto and started asking me questions. One such question was if I smoked. She noted that the records said Denial of Smoking. I objected to that as I do not smoke nor have I smoked for at least 28 years. I told her that these record were somewhat stigmatic in that they imply that I am lying about smoking. Then the blood pressure machine went off again and it was lower. She then told me that I was just angry. I objected to her stereo typical posturing and she backed off. The blood pressure machine went off again and after some other questionable questions she passed me off to my Case Psychiatrist for review of my med's and the basic follow up visit.

After the Visit I was sent to another nurse in which she took my blood pressure again and asked more questions.

This whole sequence of events in my opinion, appears to not be standard protocol as in the primary care section. My concerns are that I am being used in some study that the VA is doing without my knowledge. It could be to assess BP rate related to PTSD or perhaps they are trying to use it to cut people from PTSD comp. After all I have not been to primary care since they failed me many years ago. You know how it goes- If you stop being treated there is nothing wrong. I do however go to outside physicians who have done a much better job then the VA. In any case I do not like being treated in such a demeaning manner nor do I feel I should be subject to being treated like a Lab rat.

Do you know just what if any these new procedures are about. If in fact my blood pressure was high the review method in itself was the cause and thus a further trauma. I am not going to subject myself to this type of treatment any longer. My concerns are that if I object then the next piece of mail I get from the VA is a cut in disability or another round of comp reviews. At 59 years of age I just am not up to this again. I have been on disability since VN but only on 100% for a little about 11 years.

Could you please make any comments as to what your take is on what I have shared.

Reply;

I hope you'll take what I have to say as it's intended...respectfully.

While I understand your concerns, I believe you're making a mistake. Your reaction to these typical, ordinary and harmless events is way over the top.

Are you being subjected to a "study" of some sort? Yes, of course you are. But that is ordinary and usual. If you enter a civilian hospital, all your records, history and information are broken down into vital statistics. There is nothing unusual about that and it isn't only the VA system that collects and uses that data.

If you use your skills and training in an airport to shock a victim with an AED, do you not think that will be recorded and studied? Of course it will.

You seem to want to believe that others who take your BP are incompetent and incapable of getting it right. You object to any questions about your health for similar reasons. If an error is made, you believe that the person making the error is there to cause you harm.

This concerns me because you're depriving yourself of the opportunity to utilize what is often lauded as the finest health care in America.

I too take my own blood pressure at home. It's often high when I go to my clinic to see my doctor. That's sometimes called a "cuff reaction" and in a few minutes, their readings are similar to mine. Different machines in different settings often give varying results.

That you feel like you're being treated as a "lab rat" is too bad. I assure you that isn't the case. Recording your blood pressure to be used as a guide for future treatments of other veterans is hardly an experiment. It's standard science.

As a health care professional, I feel qualified to judge the health care we receive. I have 100% VA care, Medicare and my wife's insurance. I can go to any facility, any where and see any doctor I care to.

I choose VA. My choice is based on knowledge of the various systems and well over 3 decades of experience across America in hospitals large and small.

You are angry. The nurse who told you that is correct. I understand that anger.

However, I'll tell you straight up that you're directing it at the wrong people. To be angry at a nurse in a clinic is easy. To channel your emotions and make it work for you is hard. Rather than pretending that the nurse is part of a problem, why not get involved with your Congressman to work and make our VA a better system?

I'm not trying to chastise you, I know you have some issues coping. However, I am very concerned that you are short changing yourself with your attitude.

This is not a perfect system and there are ample opportunities for change. There are huge battles that must be fought to ensure our younger brothers and sisters get better care than we did. I find it unfortunate that a man of your obvious intelligence isn't choosing the big battles but instead you choose to fuss over something inconsequential.

Don't screw yourself. Let that nurse know you appreciate her hard work on your behalf and then find a fight worth fighting. You'll be glad you did.

Jim;

First, thanks for all your good work ! Well here we are about 6 months into the VA appeal in the Federal Circuit Court. I often talk to folks at NVLSP, ( good people ) My deposition is on file with the court. He feels favorable concerning the outcome of our success ------- BUT WHEN !!! The average time is 9 months, what's your take on this? I was on board my ship close to shore for ops with our squadron at anchor in 1965 in Danang harbor with the old P5M seaplanes. YUP, long time ago ! Anyhow, question number two. I have been with the VA hospital here in Albuquerque, NM for the last 6 years ( also good people) My condition is quite serious which I feel was due to exposure to Agent Orange. We were very close to shore and the Sally was awarded four stars for Vietnam service. Now to continue ---- I am 65 years old and have been on SSDI for 15 years due to Diabetes with many complications which are, partial loss of sight, nuerapathy, insulin dependent,ESRD on dialysis and my first session for PTSD, quite bluntly, I am very sick ! If we win our appeal do you think I will be awarded 100 percent compensation? I have the Vietnam medal with two stars. I would appreciate your opinion on the above. USN Petty Officer, 1961-1967

Reply;

My crystal ball is out of service. I only used it for predicting VBA time lines and tomorrow's weather and the damn thing wouldn't get either one right. I'm trying Tarot cards and reading tea leaves now...if I learn anything, I'll let you know.

Yes, you certainly sound as if you'd qualify for 100%. I'm working with other guys who are in equally dire straits and I just don't get this at all. The VBA touts that it only does what the law requires as it makes its decisions about benefits. Then a logical, reasonable and lawful court decision is handed down and the VBA defies it.

They seem to want it both ways.

Hang on...do keep working with the good people at NVLSP.

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

posted by Larry Scott
Founder and Editor
VA Watchdog dot Org

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