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... 

Be sure to use Jim's:  "A to Z GUIDE OF VETERANS DISABILITY COMPENSATION BENEFITS" click here...  

And, for answers to questions and great advice, go to Jim's discussion board, "STRAIGHT TALK FOR MILITARY VETERANS" click here...

Follow Jim on TWITTER here ...

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

by Jim Strickland

NOTE:  Letters in my Q&A columns 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;

I had written you some time ago about abusive treatment I had received at the VA Medical Center in San Diego. I had initially filed a complaint with their consumer affairs office and never got a response. I called the manager of that office and left a message on her voice mail and still no response. I gave a copy of my complaint to the office of the hospital director and still no response. I contacted my congressman’s office and still got the run around. Finally, out of frustration I wrote to the Whitehouse and soon received a letter from F. Michael Kelleher advising me that “We have taken the liberty of forwarding your concerns to the Department of Veterans Affairs for review.” And “We have asked the3 agency to respond directly to you in a timely manner.”

For eight (8) months they didn’t respond, then stonewalled and denied knowing anything but after I wrote the Whitehouse explaining the way I had been treated, I received a letter from the Director apologizing in detail and shortly after than I received my glasses in the mail for a service connected eye condition they initially said wasn’t covered even though I had been receiving glasses since 1965.

Obviously, the Whitehouse did send my letter to the VA who sent it downhill where it ended up on the directors desk. These hospital bureaucrats get so caught up in their own little bubble of self importance that from time to time they need someone to pop their bubble and remind them that they are only “employees” and subject to review by someone else further up the food chain.

It took me eight (8) months of trying to work through the local chain of command with absolutely no results but suddenly when I went to the top of the food chain things started to happen. It’s unfortunate that these people are not smart enough to resolve issues when they first develop rather than just blow them off until someone from above forces them to do the right thing. I told them in my first meeting that I was trying to resolve this issue locally with them and didn’t want to go on a letter writing campaign. Apparently they didn’t get the message until eight (8) months later.

Also, I wanted to share a link with you that might be of interest to other disabled veterans and especially some of your Marine readers.

http://marinemos.blogspot.com/  Thanks for the work you are doing!

Reply;

As a rule, I wouldn't recommend to do what you did. I certainly would recommend against it if you were appealing a claim at VBA or BVA. However, your actions seemed to have done the trick and that's the important thing.

Thanks for sharing!

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

Jim;

When I first opened my claim 3 years ago I was denied as I thought I would be, they needed more evidence. Let me say that I filed for PTSD,HEP-C,Hearing lost. I sent them evidence about the air injectors that were being used and showed the evidence that it did indeed cuse the spread of Hep-c, next I sent them evidece and letters proving that my ptsd is getting worse. Recently I gave them a letter showing the attacks that we were under in Vietnam along with a letter from my va phyciatrics stating that my ptsd is ruining my life and gave me a gaf of 48. I am getting very upset and really don't know what else they need. So far they have giving me 10% for my hearing. somebody help me understand

Reply;

Claims regarding PTSD & Hep-C can be very complex. Evidence
requirements are strict for both of those conditions. While you may
believe that you've provided ample evidence, VA may not see it that
way at all.

If you have been denied, you should be represented by a lawyer for the
appeal. Most lawyers won't ask you for any money up front and their
fee will come from retroactive awards if the case is won for you.

I like the credentials of the attorneys at NOVA. The National
Organization of Veterans Advocates set very high standards for their
members.

You have to be able to help any lawyer who may want to help you. You
can begin by learning more about what VA requires for evidence by
going to my A to Z Guide to Veterans Benefits...click here
http://jimstrickland912.com

Do a little homework and then click here http://www.vetadvocates.com
and begin to make a few phone calls to discuss your case with an
attorney who will stand up for you.

Good luck.

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

Jim;

i have filed for compensation for the following,diabetes type 2 , with the following as secondary peripheral neuropathy by latteraly upper & lower limbs,floaters in eyes, ischamic heart disease with chronic congestive heart failure,a ejection factor of 30 to 32 percent,have had quadruple by pass, and since surgery have developed chronic stage 4 kidney disease. also at the advice of the audiologist at the va hospital have added hearing loss both ears and constant tiinnius. the va have provided me with hearing aids. also filed for social security disability 5 months after i filed with the va. received ssdi in october, it is bad when ssdi makes the va look slow.have had all required c&p exams, now await a decision so can start again. what else can i do. thanks vietnam marine vet

Reply;

Your ischemic heart disease and the DMII are both presumptive as service connected because of your exposure to Agent Orange.

It is sad that the VA is so very slow but all you should do now is wait.

I heard similar from a lawyer a couple of years ago as he converted his practice from SSDI cases to VA cases. He told me, "The VBA makes the SSA look like a well oiled machine."

The saddest part of all is that as the SSA improves, VBA falls ever more behind.

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

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

TOPICS: veterans, veterans' benefits, VA, Department of Veterans' Affairs, Jim Strickland, Veterans' Advocate,