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JIM STRICKLAND'S MAIL BAG: VOLUME #65 FOR 2008 --

Veterans' Advocate Jim Strickland answers questions

from VA Watchdog dot Org 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...

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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.

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Jim;

I am a 100%tdiu p&t ptsd vet.My wife recently sent a letter to the V.A. stating that I could not handle my own money becouse of a gambling problem,and the V.A. opened up a claim on me! without my knowledge.Can other people open up claims on you???I do not have a gambling problem,she just wants control of my money.My main quetion is can the V.A. freeze my benifits while they investigate if i need a payee or not??I already have a letter from my phycologist that says I can handle my own funds.I get social security also and she is my payee for that benifit but not the va benifits.I am very worried that the V.A. will stop my benifit.thnx

Reply;

Yes, VA will accept such notices from spouses. It's entirely legal. Yes, they may freeze your benefits until a fiduciary is appointed. A VA Field Agent will be assigned the case and investigate. You may make your plea to him/her.

However, if your spouse is already fiduciary for your SSA benefits, someone, somewhere believes that you have problems handling your money. Neither the SSA nor the VA take this lightly and they are usually doing the best they can to protect you, the veteran, even if that means to protect you from yourself. The fiduciary is required to follow strict guidelines and make reports to VA.

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Jim;

I would love to see what was done to help one man get a 100 per cent disability claim award in ten months...if that isn't giving away a family recipe?

I don't ask for myself, but I think there are many others who have been inflicted needlessly with what may prove to be long-term emotional and psychological scars at having to go through hell just to get a small percentage after maybe four to six years...if even then they get any percentage.

I anticipate that you will say that award percentages will vary case-by-case. I can see that as only natural, but I think that some VARO's play hardball while others give their applicants a slow pitch underhand. I do have a hunch some applicants expect miracles that should end in high percentage awards but alienate even good, experienced service officers because of hair-trigger emotional outbursts when the applicant feels that things aren't progressing at a pace they expect them to be. I have had some heart-to-heart discussions with one first-time Vet applicant who had a reported run-in with a DAV office director when the Vet "lost it" in the local office. This one's case is a unique one anyway, but the younger gent did not help himself by going off the handle on the day he did.

I hope more can be helped without having to have to go the Congressional route, but then I observed that doing that makes many service officers a little nervous...and I think we both
know why. So be it...I think there are serious questions as to what a Vet applicant, initial or upgrade, needs to know and do when they submit their paperwork.

Reply;

"Going the Congressional route..." is a waste of time. Your VSO isn't nervous, he's trying not to yawn. The common thought that a Congressional intervention will fix anything is a fallacy.

Your Congressman or Senator have no authority at VA. When a veteran contacts their office the contact is given to a staffer, usually a "Military and Veterans Liaison". The representative never sees these things, they may have hundreds each year.

The liaison will complete a form, a "Congressional Inquiry", after you have completed some privacy act paperwork. The inquiry is forwarded to an office at VA that handles these things. Your file is located and often pulled out of line. The VARO has 45 days to respond. Most often the response is a simple form letter that says, "We're working on it."

The representative's office sends that to you and that ends that.

If there is a genuine issue that is deserving of attention...not just the routine of delays and so on...a Congressional Inquiry can help by bringing focus on the problem. I have used it as a tool when a veteran is obviously near death and delays are preventing proper care. Otherwise, I recommend not bothering with it because it usually has a negative effect...the file is disrupted from processing and when it returns to the mainstream, it may have lost its place in line.

Congressmen make laws via the legislative process, they have no enforcement powers, particularly in a governmental department that reports to the executive branch. The Congressional inquiry is a courtesy extended to Congress by the Secretary of the DVA.

I've tried my best to give away the recipe to success. It's so basic as to be laughable. In fact, I've thrown out many of the ingredients that some see as necessary to use when dealing with VA.

My method depends on the veteran having the ability to use a computer, a printer, a scanner, search the Internet and so on. I believe in the Do It Yourself approach if one is capable. "Capable" also means that the veteran can check his or her emotions at the gate. As you point out, "going off the handle" is counterproductive.

Then I know that playing strictly by the rules is absolutely necessary. The VA owns the field we play on. They own the ball. They own the referees and they make the rules. Once the veteran accepts that it all becomes easy. The problem usually pops up when the veteran doesn't think a rule will apply to him so he circumvents it. There are no shortcuts.

If the veteran is thus qualified, I eliminate the VSO. The veteran deals directly with the VARO, no intermediary. I'm convinced that the Veterans Service Representative (VSR) inside the VARO much prefers this. The official line is that all claims are handled the same no matter where they originate. I've been told that all too often the VSR may not care much for an arrogant or incompetent VSO and those cases get scrutinized more carefully and are held to a much higher standard.

I believe that 90% or more of winning an award is won in the initial application. I've seen far too many applications that say, "I hurt my leg in basic training" and a copy of a DD214 is enclosed. The VSO in this case informs the veteran that the VBA is required to gather all the medical records, service records and so on in their "duty to assist".

While that is technically true, it doesn't actually work that way. A winning application will tell the VA the source of the injury/condition and provide all necessary details for the Ratings Veterans Service Representative (RSVR) to make a favorable decision. It's entirely reasonable to file a minimal application to set the start date and in the next 45 days follow up with everything the RSVR needs to help the vet. Leaving any details to the VA is often a huge mistake early in the game.

I emphasize courteous, brief communications delivered by certified mail with return receipt requested. There should be no reason ever to fax anything or call the toll free number. Every document offered into evidence must be neat and as readable as possible. Each document must have the veteran's name and file number prominently displayed.

Communications should remain focused on the issues. The veteran should be clear in the application just what he wants ("I want a disability benefit with a rating of 100% with no future exams because...") and why he is qualified. Don't stray into non-essential areas.

I recommend brevity in applications. Bullet points and short sentences are best.

Once again, show the RSVR respect. Diatribes of "You idiots have taken a year and..." have no effect. No matter how pissed off you may be, the rater has seen and heard it all before. You're wasting everyone's time.

In a nutshell...the veteran who is qualified for a benefit, files a good application, ensures that it is delivered correctly, provides all necessary evidence and does it in an efficient, courteous, businesslike manner most often wins. This applies to the initial filing for a benefit as well as an upgrade later.

If you make their job easy for them, you're racing far ahead of the pack.

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Jim;

Congrats on your new site http://tinyurl.com/5wxapm  I have a question for you if you have time. Could you provide a phone number Jim and a good time to call you. Need some of your advise on a VA matter. I'll try to explain my situation by e-mail. I filed in 2003 with VA for the following : exposure to AO with the following associated diseases, diabetes, peripheral neuropathy both feet and moving to my hands, PAD in both my legs, 5 heart stints, the most recent was when I had a heart attack this past labor day and they went in and added 2 stints. Also I filed for the same diseases due to occupational chemical exposures, since I figured they would deny my AO claim since I'm Blue Water Navy. I also filed for PTSD. They approved me for Tinnitus, hearing loss, and for a documented rt knee injury combined at 30%. I filed a NOD and requested a hearing with a RO. After this hearing they again denied everything except PTSD which they gave me a 10% rating. Jim, my question to you is : when they sent me notice of the 10% award they also included a standard form saying I would be receiving a check for the compensation within 15 days. They also stated that this 10% award would not change my overall 30% rating. After a month passed,and no check, I checked with my VSO and he advised that there would be no retro pay for this award since the effective claim date was the same for the other issues. Jim this sounds like BS to me but I respect your opinion. What do you think.??

Reply;

I'd be happy to lend a hand but I don't do phone calls. I work 100% by email unless I need to call a Congressman or some such as that.

You'll understand that if I started taking calls, I'd never get any work done as it would be too much fun telling lies to my buddies.

I think I see the problem.

You filed in 2003 & all AO stuff was denied. The tinnitus, hearing and right knee add up to 30% 'combined rating'.

Then a NOD and you got an additional 10% for PTSD. And then...

"when they sent me notice of the 10% award they also included a standard form saying I would be receiving a check for the compensation within 15 days. They also stated that this 10% award would not change my overall 30% rating"

The way I read that, you're looking for a check that won't be coming.

The "standard form" advised you that your increase would be there within 15 days. It should have said, "If you have an increase coming, your check will arrive..."

But, the part that hangs this up is, "They also stated that this 10% award would not change my overall 30% rating".

Your VSO should have explained this to you...if he understands it.

You're a victim of the Combined Ratings Table (CRT) or as I call it, "VA Math". In VAMath, 10 + 10 + 10 + 10 doesn't = 40. This has nothing to do with retro pay. The reason it sounds like BS is because that explanation is BS.

The CRT is a complex formula designed to ensure you don't get paid too much. Here is the introduction from VA;

"Sec. 4.25 Combined ratings table. Table I, Combined Ratings Table, results from the consideration of the efficiency of the individual as affected first by the most disabling condition, then by the less disabling condition, then by other less disabling conditions, if any, in the order of severity. Thus, a person having a 60 percent disability is considered 40 percent efficient. Proceeding from this 40 percent efficiency, the effect of a further 30 percent disability is to leave only 70 percent of the efficiency remaining after consideration of the first disability, or 28 percent efficiency altogether. The individual is thus 72 percent disabled, as shown in table I opposite 60 percent and under 30 percent."

If that didn't render you unconscious, you can read much more here
http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=
38&PART=4&SECTION=25&YEAR=2003&TYPE=TEXT

The bottom line is that you won an additional 10% but your rating hasn't changed from 30%. You won't be getting a check and if you look at your monthly deposit, you'll notice it has remained the same.

Again, your VSO should have explained that to you. It's now your task to go and educate him before he passes on bad advice to another veteran.

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TIPS FOR COMMENTING ON JIM'S MAIL BAG:
Please use this section for comments only. Post your comment once only. If you post a comment Jim believes to be vulgar, inaccurate, misleading, false or that may cause another veteran to participate in an act that could cause them trouble, your comment will be removed. There won't be an explanation or an argument, it will be gone. If you have a question for Jim Strickland... go here...

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posted by Larry Scott
Founder and Editor
VA Watchdog dot Org

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