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JIM STRICKLAND'S MAIL BAG: VOLUME #6 FOR 2009 --

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...

And, be sure to use Jim's:  A Military Veterans Guide To Disability Compensation and Pension Benefits -- A Compendium of Resources and Knowledge For The Disabled Veteran -- click here...

Your comments accepted at bottom of page.

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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 wrote to you before about agent orange and how my ship was in DA NANG harbor. It is a official from the C/P bulletin.Da Nang,Cam Ranh Bay,and Vung Tau,to be part of the offshore blue water of Vietnam and not I repeat not part of its inland waterway system. Go to bluewaternavy.org . and read the lasts notice. We our, as a group dead in the water. (We) knew something was coming and we where right. Now what Jim,I feel that our government has left I big hole in my soul and heart. For thousand of us blue water navy people that went there. If it wasn't agent orange that caused all of our problems and is killing us slowly but surely what is?

Reply;

If you're asking me, "If it wasn't agent orange that caused all of our problems and is killing us slowly but surely what is?", I can't answer that question.

I can tell you that the courts have determined that dioxin isn't the cause of any Blue Water Navy deaths.

Their logic isn't terribly unsound. Let's take a moment to look at the science they've used. You may not like this but if you'll bear with me a moment, you'll see another perspective.

The studies over the years have clearly demonstrated that exposure to some herbicides (dioxin) may increase the chances of an individual contracting certain diseases.

In the case of the RVN veteran, the focus is the conditions listed on the "presumptive list". These are some cancers, DMII and some skin conditions. We here a great deal of chatter today about prostate cancer, DMII and lung cancer.

The controversy arises from the fact that as we age, we get these conditions anyhow. The quick answer to your question may be, "Aging". In the case of lung cancer, the question has to come up; "Was it the exposure to AO or the 2 pack a day habit that caused the cancer?"

To answer any of the questions surrounding the mystery of AO exposure, we can only rely on science. Our culture has been successful in using scientific analysis for hunreds of years to determine the right or wrong of certain issues.

In this case, studies are conducted of men (and women but to a lesser extent) who served in Vietnam and those who didn't. If the rates of a particular disease manifesting itself over the years are exactly the same between the RVN vet and those who didn't serve in the RVN, it's impossible to say that the conditions acquired are caused by exposure to herbicide.

The same sort of studies may indicate a cause and effect. For example, the incidence of prostate cancer is statistically higher in the RVN veteran than his civilian counterpart. Thus, prostate cancer has been determined to be likely influenced by exposure and benefits are more or less automatic. This is also true of non-Hodgkins lymphoma. Statistically there are a significantly greater numbe of RVN vets with n-Hl than their peer group.

To my knowledge, the same has not been true of the Blue Water veteran. The Blue Water veteran is getting sick with diseases of the aging process at about the same rate as those with no military experience.

The courts have reached the conclusion that there is no reliable cause and effect relationship demonstrated.

The arguments for and against will never leave us. Were the studies fair and unbiased? Was there as much information in the studies of Blue Water as there were in studies like Ranch Hand? Is there a secret government conspiracy to repress relevant information about Blue Water veterans so that a few bucks can be shaved from the federal budget?

I don't have the answers.

What I do know is this: At some point very insurer will draw a line as to the extent of their liability. If they don't, the tsunami of claimants will never end and the insurer will have no budget left to accomplish any other programs.

Consider the case of an insurer who covers claimants of a city bus accident. The bus had 30 riders on it when it was struck by 2 vehicles. Some occupants were seriously injured and hospitalized. There's little question the insurer pays their medical expenses. Other occupants were less seriously injured and the amount of liability by the insurer may be debated. Some occupants weren't injured at all and any claim they make will be turned away. The drivers and occupants of the cars are another matter. Was the accident their fault? A lot will go into determining if their is any obligation to them at all.

Finally, there's the phenomena of those who weren't there making claims. This is real and distorts many such issues. The bus had 30 riders and there are suddenly 33 claimants. The fact is that 3 people saw the accident and then climbed aboard the bus, holding their neck in pain and hoping for a piece of the action. That hurts the claims process for all the legitimate riders.

The insurer of that bus draws a line in the sand...if a claimant can't prove he was on the bus and if he can't prove his injuries were caused by the accident, he won't take part in any settlement award. The insurer can't extend it to anyone who makes a claim and still be a viable business in the future.

In this case, the VA acts as the insurer. Through the process of scientific study it's been determined that Blue Water veterans aren't experiencing rates of diseases any different than the population at large. They believe that if you are a Blue Water veteran with a lung cancer, it's likely because you abuse tobacco, not because you may have been exposed to AO.

The insurer, your DVA, has drawn a line in the sand. To get across that line you must now take a different route. That route is direct cause.

As I've explained before, you must show that you were exposed to a carcinogen. Then you must provide a diagnosis of a condition. Then you must provide a clinical connection, a nexus, that your exposure to the carcinogen is more likely than not the cause of your claimed condition.

If you are a smoker with lung cancer, you have a steep hill to climb to show that your condition was probably due to AO exposure and not the tobacco. If you're a 65 year old sedentary male who is clinically obese at some 60 pounds over your desired weight and a high BMI, you aren't likely to find many who will agree that your DMII is the result of AO exposure 40 years ago. If you have prostate cancer and you're in a group of senior citizens who are getting prostate cancer at about the same rate as all others, you may have a difficult time showing that it's caused by an exposure to herbicide rather than fate.

Before you write to me to tell me how bad I am for not standing up for the Blue Water veterans, remember this; I don't make the rules. All I do is to deal with reality. The reality is that once the Supremes have heard your plea and said "No, thanks." you don't have much left to do.

This is the system we use in America and it really stinks when you lose. Our system of law and justice is the worst there is except for all the others.

Your choice is to lick your wounds and whine or move ahead and attack on a new front. The direct cause approach is waiting for you.

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Jim;

As you know I have been trying to get medical care overseas for disabled veterans.

(We first communicated 08/2008 about the need for a better coordinated service for disabled American veterans who live away from the homeland. You sent letters to sent to Senator Inouye and Senator Akaka concerning the needs of American Veterans and their families living in SE Asia.)

This letter is to let you know that a big step forward has been accomplished.

Here is a segment from a VA letter I received:

Jan 9, 2008

Subject: Rewording the FMP (Foreign Medical Program) to establish all-inclusive medical care and other benefits for 100% disabled veterans living overseas.

A legislative proposal to amend 38 U.S.C. 1724 has been drafted to provide all-inclusive medical services to FMP veterans who have been adjudicated by VA as 100% disabled. This proposal will be submitted for inclusion consideration on the VA’s 2009 Legislative Agenda.

Mary Beth Saldin
Director
Health Administration Center
Denver, Co

If something like this could be passed it would make such a change for veterans living all over the world. Veterans would have a choice in how and where they will live out the rest of their lives. Damn! I’m still in shock. Guess an old man with a computer and lots of time on his hands can make a difference.

The VA asked that Douglas Katason, Lead Congressional Liaison douglas.katason@va.gov  be our contact for this. I have e-mailed him to find out exactly what this means to us and get copy of proposed amendment.

Thing is Jim I don’t know what to do next. If this is up the senate what do we need to do now to drum up support? I know you have been down this road before and would appreciate any advice or support you can offer. This could be a big deal to lots of Veterans. We could sure use your help; we are half way around world and all alone.

Here is article from Thailand newspaper about a veteran with 2 bullets in his head and VA giving him grief. This helped push VA to make a move.
http://www.pattayadailynews.com/
shownews.php?IDNEWS=0000003462

Reply;

Your efforts prove that one "old man" who has his mind focused on a goal can make a huge difference. Bitching and whining about the VA accomplishes nothing. Your approach to achieve changes in legislation may accomplish a redesign in how services are delivered for all veterans living away from the soil of the United States.

My only suggestion is to keep it up. You can encourage others to help you by communicating effectively and letting them know what you need them to do. Along those lines you've given me permission to publish your email address so that veterans living anywhere may communicate with you.

Phillip Williams
phil williams < philw4@hotmail.com >
Director
SE Asia Veterans Support Project

As a sort of aside to all this, I cringe when I read foreign publications that describe our American VA. It's remarkable that the rest of the world seems to know that the American veteran is treated this way by his government.

In the article you sent were comments like, "Yet another woeful case of neglect by the U.S. Authorities is highlighted by the plight of courageous Vietnam Vet, Richard Weinberg..." and "He says the government was keen enough to send them off to be killed in their thousands (over 56,000 US troops were killed in action and untold thousands suffered innumerable incapacitating injuries and severe Post Traumatic Stress Disorder), but when it comes to adequately looking after the injured survivors, the US authorities apparently couldn’t care less. He further maintains a similar accusation has been leveled at the US as regards their policy towards injured veterans in their current conflict in Iraq."

It's horrifying to know that other nations are aware of our plight when we read their headlines, "GALLANT VIETNAM VETERAN ABANDONED TO HIS FATE BY CALLOUS U.S. AUTHORITIES".

More horrifying; They see and publish the truth our own popular press ignores.

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Jim;

Remember last September I emailied you a few times regarding TBI and unemployability. We discussed the fact that the VBA told me my c-file is lost/missing because it was sent to the wrong VAMC for my C&P exam causing a delay in my claim. I filed this claim in December 2007. In any case I took your advice and in early October I certified mailed the WACO VARO asking for a complete and full copy of my c-file even though they have been telling me for months it has been lost. Saturday December 20, 2008 I recieved a copy of my c-file?

Last September I had applied for an increase for TBI and then later for IU with your advise. I also applied for SSD in September 2008. Last December, 2008 the SSA awarded me SSD, back dated to October 2007. However, I am still waiting on the Waco VARO to decide my IU claim. I am confused as to why the SSA took only 3 months and the VA is still doing whatever for the past 10 months. I have sent them (VA) everything they have asked for(Which they already had) and my new SSD award information. The VA said they lost my c-file which was causing a delay back in May through September 2008. Yet when I sent a certified letter asking for a full and complete copy of my c-file with your advise, I received my file in about 30 days from the date of the mailed request. Can you give me advice on what to do or should I just sit tight and keep my fingers crossed? I just don't get it sometimes and I become frustrated and upset with the whole VA issue and confusion. Do you think the VA will approve my IU claim?Thanks for your advice

Reply;

This is just business as usual at your not-so-friendly VARO. Incompetence abounds, attitudes stink and there are few there who care about you one bit. Those who do care are overwhelmed by those who really don't like veterans very much so here you are.

Your situation reminds me of a message I received a year or so ago. It came from an attorney who was expanding his disability law practice into veterans law. He had been practicing Social Security law for quite some time and that makes for an easy transition into VA law.

He was stunned at the misfeasance and malfeasance he encountered at the VA. He was immediately exposed to the run-around of folders that couldn't be located, attitudes of people who didn't want to hear from lawyers and the overall terrible service we veterans have come to know and expect.

His comment to me was that, "The VBA makes the Social Security Administration appear to function like a well oiled machine."

That should be a major embarrassment to the Department of Veterans Affairs. Each member of the leadership of the 800 pound gorilla we call VA should have wept at the truth of that. Any other business entity would have hung heads in shame at being exposed that way and set about making it better right now.

Not so at your VA. They seriously don't care. Congressmen criticize them and they smile blandly with promises of a report at some future time. The GAO or the VA OIG issues a blistering report and the VA replies with a standard boilerplate of answers. Individual veterans lose homes and families and VA ignores it and then twists statistics to show efficiency gains where there are none.

Yes, now that the SSA has done the work for them, the VBA is likely to approve your claim. Be prepared though, it's most likely to be approved on an appeal in front of a DRO. It's rare that they get anything right the first time around.

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Jim;

I have a little issue I didn't see coming at all. I have been summoned to do Jury Duty. I know they pay a Juror but I am IU thru the VA. I also know some of these cases can go in great length. I'm 100% IU. Can I receive the pay? How do I explain to them I can not receive any money's for my time. I am sure these are just county employees doing there job. I just need some insight on this is all.

Reply;

You can receive the pay. It isn't "earned income" and you don't have to report it to the VA on the yearly questionnaire. The only income you're restricted from is that which you earn by work and even then you're allowed to make a small amount (about $10,000.00 per year) as long as you don't work 12 consecutive months.

When you report for duty, they'll do the Voir dire and ask you your employment and so on. Don't be shy about telling the truth about your military/VA disability. Also don't be shocked if your status as a disabled vet gets you struck rather than chosen. They seem to think we disabled types are often too sympathetic to defendants and that we don't want to hang 'em high. Go figure.

I've only been called once for jury duty and I served 4 days on a suit of a truck driver v. his former employer. It was an interesting
experience and one I well remember. It's a very proud feeling to serve and makes you feel very patriotic.

I was in San Antonio then and as a typical Texas jury, when we found for the truck driver and against the employer, if it were left up to us we'd have had a hanging party. We were really angry with the employer, his DamnYankee ways were obvious to us and we wanted blood. Fortunately for him the judge was cooler than all that and only awarded the plaintiff what he asked for.

I haven't been called since. Maybe they knew???

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posted by Larry Scott
Founder and Editor
VA Watchdog dot Org
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