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 to Z GUIDE OF VETERANS DISABILITY COMPENSATION BENEFITS" 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 was told by the DAV that I was awaeded 100% disability, however Va records have me listed as 100%, however 70% due to unemployment, and I continue to receive this annual report, by the VA, if i'm working. Please explain , because the DAV, American Legion, and VFW constantly fail to provide (retern phone calls) about this. Thanks

Reply;

The IU benefit is a topic I get a lot of questions about. I get so many that I've included it in my new Benefits Guide.

If you'll click here http://jimstrickland912.com that will take you to the guide where you'll learn about the IU benefit as well as a number of other things that will help you to understand your VA benefits.

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Jim;

Hey Jim, wanted to update you on my meeting with the VSO today regarding Ischemic Heart disease.

My dad has diagnosed CAD, congestive heart failure, ED, Renal failure (ESRD), and many other conditions. He has had several strokes and heart attacks over the past 10 years or so. Several bypass surgeries, stents, pacemaker etc etc

As I was sitting in the VSO waiting room about 10 vietnam vets had come in to get that Ischemic Heart Disease Agent Orange and parkinsons connection, several said that thier VA doctors had told them to put in for it, so that was good to hear. I showed them the article you put up on VAwatchdog about all the secondary conditions they could possibly put in for to - like ED or renal disease or anything vascular related.

The VSO asked what I wanted to put in for, I said Ischemic heart disease secondary to AO. He said why do I think my dad has Ischemic heart disease, I said he has CAD, congestive heart failure, ESRD, heart palpitations and arythmias, ED etc etc.

He said NO, none of that is ISCHEMIC heart disease, that CAD will be turned down, that he needed some paperwork with the word ISCHEMIC in my dad's records. I have already told you the nightmare of dealing with ROI, but I went back there again today. I told them the VSO wanted some paperwork showing the word ISCHEMIC in my dad's file - anywhere in the file - she said she didn't have time and to check back with her in a few weeks to a few months - that my dad's file is too large and she will have to do it in her spare time (which means she will never do it.)

So I went to my dad's nurse practitioner at the nursing home (in the va hospital) and said the VSO wants proof my dad has the word "ischemic" somewhere in his file, that CAD and congestive heart failure and all the other problems he has won't qualify according to him. She has admitted my dad to the emergency room over the past year for various problems - 2 times for heart attack. She asked me has he ever had a heart attack, I said Yes, many times, 2 times in the past year that you sent him to the emergency room for. She said well go back and tell the VSO that qualifies for Ischemic.

So I went back to the VSO and there were some more vets in there putting in for ischemic and parkinsons for AO. I told the VSO what had happened at ROI and with my dad's nurse practitioner and gave him her extension number if he needed to call and talk to her. He said he would file a claim for ISCHEMIC heart disease, but if they don't find the word ISCHEMIC somewhere in his file, he will be denied.

So he typed up a claim asking for ischemic heart disease secondary to agent orange. We didn't put in a claim for all his other conditions secondary to ischemic heart disease - CAD, congestive heart failure, ED, ESRD Etc etc because the VSO was already agitated and it was almost time for the office to close - but what would you suggest Jim? When you get the complete list together of everything that can be claimed secondary to Ischemic heart disease I will try and get ROI to give me all my dad's diagnoses past and present and see what we can link to that.

Reply;

This is but one of the many reasons I rant about the VSO system. This particular VSO uses a logic that has no basis in reality. This stuff isn't rocket surgery folks. Why do you put up with this?

For example...if you want to file for Diabetes but your record only references DMII...should you file? Or if you want to file for DMII and your record states, "Adult Onset Diabetes", then what do you do? How about hypertension? If you think you have a case for hypertension and your record talks about "High Blood Pressure", does that mean you can't file? You have kidney disease and your VA quack wrote down "Renal Condition"...are you now not eligible for benefits?

Were you shot by a bullet or a projectile? Was your leg broken or fractured? Did you have a small stroke that passed quickly or a TIA? Do your legs hurt when you walk or is it claudication? Was it a heart attack or a myocardial infarction? Did your helicopter crash or was it an unscheduled hard landing resulting in numerous injuries?

Were you in a car crash or an automobile accident? Did we put a man on the moon or did an astronaut land on the satellite that orbits the earth?

I've asked and I hope you reply...Tell me again just why you keep returning to this VSO rather than taking control and doing it yourself? I have a very hard time understanding why I get so much email from guys who gripe to me about a VSO mishandling their case and when I tell them "DIY", they mumble and leave.

The VSO you speak of has done you and others a huge disservice out of his own ignorance. You've missed out on secondary conditions for your dad, others are probably wandering around now trying to get records that they won't understand.

I would have been as simple and easy as writing a letter to the RO. "Dear Sir/Madame: I am a Vietnam veteran. I have heart disease. My heart disease is caused by my exposure to AO. I wish to file a claim for benefits. signed, Your Name" That's it...there is your claim for ischemic heart disease. It really is no more complex than that. I challenge anyone to tell me why it's more difficult than what I just wrote.

I publish very clear directions on the simplicity of DIY and you return to this VSO for your daily dose of abuse and a heaping helping of misinformation.

Grandpa told me about leading a horse to water and all that...I guess I should have listened to him.

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Jim;

What is the probability of a veteran's widow receiving DIC if she has an annual income of approximately $17K and a net worth of $140K(cds' and savings) that was earned by selling her primary residence? Her veteran husband was rated 100% disabled for 50+ years due to a service incurred injury at the time of death.

Reply;

DIC isn't based on income. Much like compensation, DIC is based on only non-income criteria. A VA pension is income based and will fluctuate according to income. She should apply for DIC and anticipate
that she will receive it.

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