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 am a married for the past twenty years non drug using female veteran who had a colonoscopy at the Louisville VA in 2007 and I can honestly say that I feel violated and angry with the possibility that the VA may have exposed me to other veterans bodily fluids. My appointment was at 7:30AM and when I got there it seemed that everyone else had the same appointment time. There were approximately 20-30 people in the waiting room. There was not even seating for everyone and some of us had to stand. I was finally called into a prep room around 10 am, however my colonoscopy didn't begin until around 1PM. My colonoscopy was very painful which I was told that I shouldn't feel anything. It was so bad that I told my veteran husband that I would never have another one done by the Va. Anyway with all the people ahead of me, it makes me wonder what their equipment cleaning procedures were and just how many people's bodily fluids I may have been exposed to. Louisville VA was not one of the hospitals that was in the May inspections. The reason I listed my marriage status and that I am a non drug user is for the guy who stated on your website that the people that tested positive for HIV and HVP was because of their lifestyles. I guess in his opinion all veterans are either addicted to drugs or sex with numerous partners or both. If he is a veteran then shame on him.

Reply;

Your email says it all, I can't add more to that.

If you, or anyone else who has been subjected to this debacle will write to me, I'm in touch with some of the big national news services who would like to speak with you. They will assure that you remain anonymous. Telling yours troy will expose just what's happened and help others.

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Jim;

I wanted to let you know the VA rated me at 100% P&T as of 8JUN09. The letter I sent on 3DEC08 generated a request for a C&P which I completed on 15MAY09. My thanks to you for the suggestion of writing a letter and the general outline to follow. The other men in my group now have one more avenue to use in the compensation trek. With regards...

Reply;

Outstanding! Another fair and complete adjudication of the benefits the veteran earned. The written letter to the VA is the most powerful weapon in your armory. Use it carefully and precisely and you'll get a better result.

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Jim;

I am a Viet Nam Vet who, because of Agent Orange exposure, has been awarded 100% disability for 6 months after prostate cancer surgery, then O% after that with compensation at about $100 per month for "penis condition" caused by the surgery---in other words, I can't have sex any more.

That was 3 years ago, and over that three years, I have been increasingly depressed about that condition, which has ultimately led to taking disability retirement from my job. I met the requirements by submitting a statement from my Doctor stating that I could not do my job of teaching any more due to extreme anxiety and depression.

I cannot teach again in Nevada or anywhere as long as I am on Nevada State Disability Retirement, which surely means I cannot obtain substantial employment. I submitted the document from the State of Nevada which states that fact to VA in my application for increased benefits.

I have submitted an application for increased VA benefits by increasing my rating, hoping for 100% so my wife can have CHAMPVA. I am receiving all of my medical care through VA health care, since I have qualified for a VA health care card that says "Service Related" on it.

Our retirement income is a combination of small retirements from Washington and Nevada States and Social Security (I am 63 and have taken early Social Security Retirement). Our current retirement income is about 66% of what we had before I became disabled.

Our plan was to work until I was 70, which I would have easily been able to do before becoming depressed after the surgery and loss of sexual function. Thus, the total retirement income we have now due to forced disability retirement is about 60% of what it would have been had I been able to continue work until 70 as planned.

I have submitted forms to VA in Reno, Nevada for increased rating due to all of the above, and have received a reply that basically says they are swamped, so it will take a lot of time before they can get to my application, and don't contact them before they contact me. They basically said they will contact me when they are able to give attention to my application if they need more evidence.

In the mean time I have found IU disability, which, because I don't have the 60% rating from my condition from agent orange, I do not qualify for. However, it seems like I may qualify because I was a teacher and now am unable to do that at all due to my condition. Or, I may get rated at 60% after applying for a new rating, then I would qualify?

What should I do now? I need help, I think, before doing anything else with the VA office in Reno. Do you think I have a chance? Is there anyone you can recommend, or will you guys help me from here?

Reply;

Your situation is a frequent happening in my mailbag.

First, let me point out that VA does not ever take into consideration your dependents need for benefits. Your rating is decided only on the merits of your disability.

To obtain 100% Individual Unemployability you must have either a single service connected disability rated at 60% or multiple SC conditions that total 70% with at least one rated at 40%.

The rating of 100% during diagnosis and treatment of SC prostate cancer is routine and normal. The rating usually drops to 20%, 40% or 60% after treatment is completed...you no longer have cancer so you can't be rated as such.

Most men who have prostate cancer surgery, radiation, etc. suffer from post treatment "residual" effects or complications. The common residuals are Erectile Dysfunction that receives a rating of SMC-k at about $100.00 per month. The 20, 40 or 60 percent ratings are awarded for the other common side effect, "leaking". If you leak a little and use 2 or 3 adult pads (Depends or diapers) each day you should receive a 20% rating and so on up to 60%. If you "leak" to where you're using 6 pads each day, you'll rate 60% disabled.

Once at the 60% mark, you may apply for 100% IU.

If you claim that the prostate cancer is the cause of your anxiety and depression, you must formally claim that to VA as a secondary (to the cancer/residuals) condition.

Making that claim is simple...if you'll go to my Veterans Benefits Guide at http://tinyurl.com/5wxapm you'll find thorough instructions on how to do that on your own with no help.

The process is a lengthy one. You should claim an increase in you current condition from 0% to at least 20% if you have any leakage at all. At the same time you may initiate the claim for depression and anxiety secondary to the residuals of cancer treatments.

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