Veterans' Advocate Jim Strickland answers questions from VA Watchdog dot Org readers.

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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...   JIm's series for new vets, "Welcome Home," is also featured on Military.com. And, you can follow Jim on TWITTER here ...

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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.

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Jim;

I have picked your brain before and just need a bit of information on IU. I applied for IU in January 2009, and hope to hear something soon. Here my question. How does the income criteria effects the determination?? Currently, I am 70% sc for loss of stomach and residuals and the doctor stated in the C&P report that I am totally disabled to work anywhere.

Reply;

IU isn't affected by income data other than that which comes via "gainful employment". Income from investments, real estate, Lotto winnings, inheritances, etc. won't count against you.

Gainful employment is usually defined as a full time employment at the usual 40 hours per week for a year and/or earnings above the poverty line, about $10,000.00 or so.

If you aren't working and haven't worked and it's because of your service connected condition, that should be the only consideration.

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Jim;

I stumbled on your site by accident, glad you all are doing this. I am a Veteran, with a small disability, and I am actually back on Active Duty as a Reservist. Several things to pass on to Veterans:

1. The IRIS, which is supposedly for webmail requests to VA, is useless. I discovered that if you can find the name via the Web of your local VARO Service Center Manager, the naming conveniton is firstname.lastname@va.gov. I have been able to get some questions answered that I was having no luck via IRIS and by phone getting answered.

2. Concerning C&P exams - you are right about incompleteness. I neve got a call, it was all by an arbritrary letter - I even asked, via IRIS, to talk to somone. Problem is, the cloak of anonymity makes it difficult, although I am starting to accumulate phone numbers, names, and e-mail addresses. One other item. Keep in mind that the mission of the Dr. that examines you at the VA for C&P is to find nothing wrong with you. I had to go to a civilian Dr. to get my condition service connected. Bottom line, if you believe you have a service connected condition, be persistent. Likely given the correct exam, you can prove your case.

3. You can slowly accumulate names, phone nos., and addresses. I will not use IRIS again - it is useless, because it is a cloak of anonymity, and the answers are incomplete or in some cases, irrelevant.

Thanks for what you do. Keep it up.

Reply;

What you're doing is what I began 4 years ago...almost word for word.

If you'll spend some time going through the archives of my work on VA Watchdog dot Org, you'll find a wealth of data that may save you some angst.

Thanks for your note. We always enjoy hearing from our brothers.

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Jim;

Jim, need your opinion, obviously not a legal one, on one other thing. I told the VARO in Atlanta, in writing, and they received it because they replied to the e-mail, regarding my time as a Drilling Reservist, and how it appeared they would have to recoup some of the initial check they sent me. Because they farted around for over 3 years before finally Service Connecting me, I got a lump sum initially. I told them, via IRIS, and via e-mail, and via phone, that I was a drilling Reservist during that time, and that they would have to recover some of what they paid me. I was promised a phone call back, after they researched it, by last Friday. Of course, no call, and I have told them via practially every medium that exists. At this point, I feel like I have discharged my obligation, do you agree, should I continue to send them e-mails, etc?

Reply;

If you read through some of the back issues of my stuff you'll hear me rant and rave and preach loudly about communications with the VBA.

I strongly urge veterans that they never, not ever, use any of those methods you mention to conduct official business about their claims with VA.

Why? For the exact reasons you point out.

Your obligation would have been complete had you sent a single, simple statement to them via certified mail-return receipt requested. Once you received the little green postcard verifying their receipt of your message, you would have placed it and a copy of the message in a folder in your VA filing cabinet and promptly forgotten about it.

Of course, if you believe that you were overpaid, you wouldn't spend the money. I often suggest to veterans who are overpaid by $50,000.00 or more that they move the money from their checking account and into a short term certificate of deposit. Although CD's aren't paying much these days the interest returned amounts to free money. If VA catches on and comes calling on you wanting to recoup their cash, you can debate that with them for a few months until your CD matures and then take your interest and repay VA.

Even though it's their error, they aren't likely to think they're accountable for it when the mistake is discovered. They'll quickly set up a program to recoup by reducing your monthly benefit until the amount is repaid.

I clearly recall the veteran who received a payment of some $100,000.00 and who went as fast as he could to buy a new home and a fancy truck. He was surprised when VA came just weeks later asking for their money. I'm not sure why he was surprised as he freely confessed that he didn't understand why he was sent the money and that he figured it was in error.

He came to me when his monthly payment was reduced to a point that he couldn't make the mortgage or auto finance payments he'd incurred.

He had no sympathy from VA and very little from me.

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