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JIM STRICKLAND'S MAIL BAG: VOLUME #18 FOR
2009 --
Veterans' Advocate Jim Strickland answers
questions
from VA Watchdog dot Org readers.
Jim Strickland -- Veterans' Advocate
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
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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;
Hello. I am a female veteran with MST PTSD which is PTSD due to Military
Sexual Trauma. I have been trying for well over 11 years to obtain
treatment from the Dayton VAMC for my PTSD...to no avail. The best they
have been able to offer me to date is to tell me that I should go to the
Tampa VAMC for a 7-week in-patient program. I keep telling them that I'm a
single parent, with no help from family members. I just can't up and leave
for 7 weeks with a son still in school! So this is taken by the VA that
I'm being the "difficult" one and being resistent to treatment.
I've also been contacted by other women vets who are in similar
situations...a lack of adequate treatment available at their respective
VAMCs or they are unsure who to contact when they are wanting to find a
treatment facility that is for women vets only. Currently there is no such
list on any VA web-site for women to refer to for treatment options.
I initially contacted Dr. Kathleen Chard at the Cincinnati VAMC (she is
the MST PTSD Program Coordinator). She said she could not help me and told
me that she was forwarding my e-mail to Dr. Margret Bell, Manager for
Education, Resources & Practices, MST Support Team, VA Office of Mental
Health, National Center for PTSD.
I figured this was a good thing...the National Center for PTSD! Finally
someone who would be able to help with the simple task of getting a list
together of all available treatment resources for women vets. I was wrong.
My request was denied. Several times. It is the opinion of Dr. Bell that
women vets should talk to their PCPs at their respective VAMCs for any MST
PTSD issues and then be referred to the mental health clinic.
She still believes this even after I told her that most PCPs are male and
women are not going to be comfortable speaking with a male about military
sexual trauma issues.
Sadly, even the National PTSD Center for Women Vets does not care about
the welfare of women vets to assist with such a simple request that would
help so many. I wanted to write to you about this to let readers know what
is really going on. Thanks for all you do for veterans everywhere! USAF
Veteran
Reply;
Overall, the mental health treatment arenas at our VHA facilities are
receiving a failing grade. This isn't any secret, it's public knowledge
and frequently on the front page or the national television news.
I'm of the opinion that the GWOT is creating a new generation of PTSD
unlike anything we've ever seen before. We're subjecting our military to
unheard of commitments using multiple deployments and extended lengths of
deployment. In my own family my stepson is back in Iraq for his second
tour. He was originally to be there a year which was extended to 15 months
and then it was 16 months before he returned "home"...a base in another
country. He was at that home for 12 months and is back in Iraq. He was
"stop-lossed", a term unheard of prior to the GWOT. His commitment to our
military is no longer well defined with a beginning and an end...he's an
indentured servant that may be kept forever with no release date required.
The toll this takes on the mental well being of our military can't yet be
measured. But you can depend on this: It isn't going to be pretty. We're
setting up mental health issues that will trouble our nation for
generations to come.
 In
that group of functionally disabling issues comes a relatively unknown
sub-set of veterans who are rarely talked about in public. Those are our
soldiers who are victims of MST...Military Sexual Trauma.
The DVA and DOD like that term...MST seems sort of clean and efficient and
non-offensive to say. To call it "military" sexual trauma distinguishes it
from plain old regular sexual trauma which may be dirtier or more violent
somehow. As a clinical diagnosis, saying MST is easy. We can talk about it
in an elevator with others listening and they may think we're talking
about the common cold or an ingrown nail. "Oh well, you know...she claims
MST but I believe that she'll be just fine."
Doesn't that sound all upbeat and chipper?
The DVA and DOD won't use any reality based terms. In my mailbag, we'll
call MST what it really is. Let's say them out loud now.
Go ahead, speak aloud to yourself. Take that sentence above and replace
MST with any of the following terms in any combination, as in "she claims
_______ but I believe she'll be just fine"; Rape. Unlawful sexual
intercourse. The forced placement of a penis in her vagina. Unlawful
sexual intrusion. Sexual intercourse with a woman against her will.
Nonconsensual sex. Sexual penetration. Sexual intrusion. Lack of consent.
Forcible compulsion. Kidnapping. Sodomy. The forced placement of objects
in her vagina. Stripping her naked. Forced oral copulation. Anal sex.
Fondling her sexual organs. Ravishing. Sexual abuse. Sexual intercourse
against her will. Gang rape. Attack. Violation. Carnal abuse. Dishonor.
The National Victim Center
http://www.ncvc.org/ncvc/Main.aspx estimates that only 16
percent of rapes in the United States are reported each year. In the
military it's probably much less than that. We don't know, the DOD isn't
much interested in talking openly of their little dirty secrets and
seemingly even less interested in doing anything about it.
The public face of our military has plenty of women up front and working
hard to defend our country and our freedom. Behind the scenes, the macho
character of the military isn't quite as accepting of women in the ranks.
Oh sure...they make great nurses (better than those male nurses we all
suspect of something funny) and an occasional woman as company clerk is OK
but it ends there. Women, like homosexuals, have no business in a man's
world and what happens to those who force their way into it is pretty much
what they deserve, right?
It's the military way. If we step over a line and we get beat up in a
barracks party, we brought it on ourselves. If a woman is forced to
disrobe and violently assaulted by one or more young men, well hey...why
the hell was she there in the first place? She should have known better.
We all know young men have urges and given the chance, our supercharged
soldiers will find outlets for all that extra energy. The female soldier
was warned to protect herself. She didn't and now look what she caused.
The military way carries over into the DVA. The attitude that rape isn't a
combat injury, it's only a little sex, is prevalent. There aren't any
visible scars so how can you be suffering all that much? Get over it
sweetheart.
The female USAF veteran who wrote to me above is one of dozens who have
contacted me. They each have a similar story to tell. It begins with an
unsuspecting woman doing her duty for God and country and a male (or
males) who decide that she's an object, not a soldier, and they use her in
their strange search for power. If she reports it, the command is first
concerned with the command. Then the concern is the future of the men
accused. Finally the female is thought of as a problem child...efforts are
mostly how to get her the hell out of the command. She's trouble now and
best shipped off to another place.
Once into the male dominated VHA system, she gets an offer for PTSD
therapy...maybe. The PTSD therapy is usually related to combat and the
treatment center is dominated by male combat veterans...the same macho men
that assaulted her in the first place.
Sending a female rape victim into a room full of males for PTSD group
therapy might be compared to sending the male Vietnam combat veteran into
a room full of NVA regulars for his therapy. It may seem expedient and
cost effective to some administrator who is watching the budget but it's
only more trouble for the future. It just doesn't make sense.
It's time that our VHA got serious about the existing female rape victims.
Let's stop using "MST" and call it what it is...an ugly crime perpetrated
by thugs and sanctioned by our DOD. Let's set aside whatever resources are
required to help these women to return to as normal a life as they can
after the violence that's been put upon them.
Then...let's make it clear to DOD that this isn't acceptable. Unless we
want to operate like a Taliban society where women are 3rd class citizens,
DOD must put a halt to all such activity and if it happens, the guilty
ones should pay dearly for their crimes.
Finally...if you believe the above was ugly and distasteful, wait for it.
I'll tell you of the numerous rapes of male soldiers by other male
soldiers that I know of.
MST? You bet your life...and it isn't just another isolated incident.
(Are you a female military rape victim? Want to talk about it to another
one in confidence? Send an email to
womenvets@gmail.com for more info.)
click for more information -- a disabled veteran
owned business
Jim;
My dad passed away Feb 21st 2009. My mother is in need of aid and
attendance and is applying for survivor benefits. I just downloaded forms
21-534 and form 21-2680. my dad was 100% service connected and 60%
disabled. he died of a serivce connected illness. He was getting 2833.00
per month. We also applied for month of death check. My mother needs
assistance daily due to macular degeneration of the eyes and very bad
confusion. My question is do they ask for all her assets and what she has
for money? Or does it have nothing to do with getting compensated. Would
appriciate you help. Thanks!
Reply;
Survivors benefits are very complex. I'm fortunate that I've recently
befriended an attorney who is in a firm that practices both "elderlaw" and
is staffed by lawyers who are certified to practice VA law. As an extra
added bonus, they're veterans and work not far from the Atlanta VA
Regional Office.
I asked Drew Early of The Elder and Disability Law Firm of Victoria
Collier, P.C. if he would address this one for me and he replied;
"She really has two claims here--let's distinguish them. One is a claim
for Pension with Aid and Attendance and that claim will require asset and
income disclosure in order for the VA to make an award (since pension
awards are made determined on a needs-based basis). That is a separate and
distinct claim from any Compensation claim involving survivor's benefits
accruing from the veteran's service-connected disability--no needs-based
determination at all; simply uses the veteran's disability award as a
starting point for determination of the final compensation claim."
When you begin to apply for survivors benefits or benefits such as Aid &
Attendance for an elderly veteran at the Veterans Benefits Administration
(VBA), you will often face requirements for financial information and
medical diagnoses that are significantly different than those that are
required for a simple compensation decision.
All too often the veteran or survivor won't have good records or they're
confused and over time they may have lost track of their accounts. The
requirements for reporting income from savings, certificates of deposit,
insurance dividends, annuities and real property ownership will quickly
become incomprehensible to the lay advocate.
Even the slightest error in calculations or reporting of financial data
can result in a long term disaster.
Reporting too much income without consideration whether it may be excluded
(medical expenses) can result in a denial and a long appeals process.
If one errs to the other side of the equation and reports too little
income, an overpayment may bring about a debt and subsequent recoupment
from future benefits payments. The VA is often slow to catch such errors
and the debt can add up to a substantial sum. The payback can deplete the
much needed income of a nursing home or housebound veteran to a poverty
level for the remainder of their lives.
I often advise that unless the friend, family member or advocate who is
assisting the veteran or survivor with nursing home or A & A benefits
first make a call to an attorney who is qualified to practice elderlaw.
The time and fees spent up front can prevent a lot of trouble for the
future.
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EDITOR'S NOTE from Larry Scott: On March
16, 2009, Jim Strickland wrote an article about "5301" ... and how
some states are including veterans' disability compensation when computing
support. That article here...
http://www.vawatchdog.org/09/nf09/nfmar09/nf031609-1.htm
The article generated lots of discussion and, as
you will see below, some really great hate mail to Jim.
Please vote for your favorite hate mail, and
we'll see that the person receives a dictionary, a thesaurus, a writing
style guide and a copy of "How to Win Friends and Influence People."
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HATE MAIL #1
Jim;
To Whom it may concern,
I just thought I would write you once to see if you were a professional or
could speak with any conviction on the topic of the federal laws. But I
found out you dont research anything and you are lead by something else.
Do not bother to return a letter, I dont have the time to deal with a
clown or blow hard like your web site.
Reply;
I'm sure that somewhere deep inside I have a snappy retort for your
interesting note. I'll publish it the moment it comes to me.
HATE MAIL #2
Jim;
Because you were not and are not a lawyer, you are not in-titled to give
your interpritation of the laws, a lawyer and a judge can not interprite
the laws and they do not make the laws, they are supposed to care them
out. You sound more like a bleeding heart liberal that is trying to gain
fame in trying to say "I paid the price because of my lack of
understanding" so why should they start following the laws now. It goes to
show how ignorant you really are. You didnt even take the time to read
what I had to say. Do you know what PTSD is or what the effects on a
person is? How does he get back to normal and reach his full potential
when the person who is not disabled is wanting a free ride. You are
nothing but a blow hard that wants to whine about how important your words
are. From one veteran who deals with many...........I can tell you alot of
us think you are a phoney......and trying to gain fame and using children
as a way to do it. You should be a politician. This has nothing to do with
children you remf............and if you understand that.........these are
my last words to you.. I tend to hang out with smarter people. Ask the
legislators in Washington DC that have agreed on the intent of
Congress...........you blow hard.
Get a real job...
Reply;
Thank you for expressing your opinion so clearly. Well said!
HATE MAIL #3
Jim;
I cant tell you how much your words on the issue let me know that you are
not a veteran and do not care about the veterans in general. You are
either backed by a law firm or married to a lawyer/Judge. If you cannot
see how this is disabling the veteran twice.......I wont take the time to
talk with you.
The biggest problem here is the state's are going after the
veteran.......and the veteran is standing alone. What should be happening
is people opening their eyes to the real story. When the Veteran gets
injuried and is rated for his disability......that is his or hers for
their injuries. Congress was smart enough to realize the Veteran might get
married......and also have kids someday and allicated more for the
dependants and wife. When they get divorced, the spousal allotment is cut
off and the dependent allotment stays.
Do you realize that when the Veteran and his spouse are married no one is
complaining about the amount she receives and they receive for their
dependents.........its only after that all the groups get involved here.
What should happen is all these advocate groups blaming a government who
is not paying enough for the dependants.........its not the veterans
fault.
Another thing that I almost find funny is: Our society in general is
saying about raising kids is its all about money. We forgot that some of
our most famous leaders grew up in poor house holds. This is all about
money and nothing to do with the kids, where are the morals and values of
teaching your kids life long lessons and the old saying ...you cant take
it with you when your gone.........or even money cant buy happiness?
Congress intended to reward a veteran who was injuried in the line of duty
for their country.........point blank.........and is the veterans to use
where they .....man or women see fit.
The states have made alot of money off divorces, 2 household homes, and
what happens to all the money in these programs allicated to help single
parent homes? Does this go back into a general fund? Where does all this
money go? Is this money to give our state workers raises at the end of the
year or where?
All I can say to you Jim Is.........Look at it from a different
view..........their is more here than trying to be on the side of programs
and judges/lawyers and lobbiest saying the veteran doesnt want to pay
child support. Hopefully you are smarter than that. There is a problem
here that is bigger than what we are narrowing it down to. Why not work
together and see that both kids and the Veteran/ex spouse are reaching
their full potentials.
Have you ever taken the time to read the Americans with Disabilites Act?
We try to Normalize people with disabilities lives and give them the
chance to live a full life......or basically we are trying to normalize
the disability and make the person feel normal. Maybe this doesnt make
sense to you.........but I choose to look at the problem in a different
light.
Reply;
I know when I receive an email that begins with, "I wont take the time to
talk with you" I'm in for a long read.
I'll remind you that you have the right to remain silent. If you have
nothing important to say, please avail yourself of that right.
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posted by Larry Scott
Founder and Editor
VA Watchdog dot Org
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