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... 

Be sure to use Jim's:  "A to Z GUIDE OF VETERANS DISABILITY COMPENSATION BENEFITS" click here...  

And, for answers to questions and great advice, go to Jim's discussion board, "STRAIGHT TALK FOR MILITARY VETERANS" click 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;

My wife (or me) was just awarded a&a due to her many stroke related issues. The amount, just so others on this board will understand is $136.00 a month. This does not seem like much but ever little bit helpf.

My question to you is the award comes to me. Do you think this makes me elgible to purchase life insurance? I missed it on my last award. Also, I would like to thank you for your help.

Reply;

I wish I knew the answer. It isn't clear. In these situations I usually tell the veteran to proceed as if you knew that you would get the benefit and see what happens. If you're denied, then you'll know and you'll also know if you want to appeal.

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Jim;

Will be working with a vet on obtaining a higher payment per month. He is only being paid now at the rate of 100% with no SMC (L).

But, he has the following:
All SC
100%
40%
30%
10%
10%
It's my feelings that someone at the RO office made a grave mistake in not putting him in SMC (L) or even double (L). Your advise is needed in this matter in order for me to help him obtain the highest payment for his SCD's. Never ran into this problem before. Have always seen them rated with SMC and then some type of level etc

Reply;

You're probably correct. I don't know enough about the totality of his conditions to say for sure though.

As is my frequent advice in these cases, I'd go for a formal application for those benefits and state why they're deserved. That's the ultimate way to answer the questions of eligibility. If approved, great. If not, you'll have the denial letter to explain why and you can form your appeal.

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Jim;

I am one of the coordinators for the next USS Dennis J Buckley DD/DDR-808 Reunions. In trying to connect up with former shipmates the topic of Agent Orange and disabilities has been brought up in a few conversations. Some preliminary checking has identified some ships that are on a list of those qualifying for benefits.

How do we get a ship (USS Dennis J Buckley) qualified to be put on the list? Must the ship be on the list before individual crew members can file claims? Does one crew member submit a claim for himself and if accepted the ship is identified then all others have an easier time? Is there a process, or set of steps, to follow?

We'd like to put some information on our web site for steps to follow, but at this point in time we don't have a solid path to follow. I don't want to put a bunch of useless, redundant, or confusing information out. Simple, straight forward, and Correct would suit the bill. Your input is greatly appreciated.

Reply;

The recently published list is widely criticized as incomplete.

There is no information that is public that will explain the process for having your ship added to the list. VA does its own thing and doesn't feel the need to explain any of its ways of getting from point A to point B.

Were I you I'd seek a Congressman or Senator to sponsor an inquiry to the VA and ask that data you collect and submit be considered formally with an answer back to the Representative.

Getting your ship on that list means that the exposure to Agent Orange becomes a presumptive fact. Without being on the list means that each individual who makes a claim of Agent Orange exposure must prove it. The presumptive status will remove the burden of the individual having to prove AO exposure.

Until that time, any veteran may at any time file for a benefit that he or she believes deserved. This is often referred to as a "direct cause" claim rather than a presumptive claim. In other words, you or any shipmate who would acquire diabetes may file a claim to say that it was caused by exposure to AO while serving on the USS Dennis J Buckley.

You would have to then prove the exposure by showing the ship had brown water duty, etc.

Yes, if one member were to file a direct cause claim and prove his condition was caused by AO exposure, then each following individual could submit that same evidence and that would weigh heavily in their favor. It would not be an automatic process though...not until the ship is on that list.

If you have evidence that the ship was in any brown water service...ships logs, etc., you'd do very well to seek a sponsor and try to use that channel to get attention inside the heavily guarded walls of the C & P Division of the VA.

If you come up with a sponsor, let me know. I'd enjoy publicizing such.

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Jim;

I was told you maybe be able to help me out. I was in the USMC from June 2001 to July 2005. I served as a great marine till after I got back from OIF 1.. I was part of 1st MAR DIV 1st CEB and was part of the convoy to fisrt step foot in Iraq in 2003.. We received the Presidential unit Citation and also my Combat Action... To make a long story short I started to get into to trouble when I got back to base... Drinking heavly started using cocain and failed a urinalysis 3 months before my date to get out.. I had major depression when I got back from Iraq and numerous occasions told the chaplain I thought of suicide and he gave me a book to read I was never sent to counceling for PTSD and they just booted me out... Sent me to the brig for 30 days and didn't even think twice... I know I screwed up and regret it every day... I am and always will be a marine til I die no matter what happened but I do need help I've gone through a lot in my life and I'm still fighting to keep myself going.. I was told by the lawyers before I was kicked out that I had no chance of getting any benefits so I never tried but I need help and now I'm gonna try to see if I can get any... Please help if u can thank you...

Reply;

If your discharge was OTH and not dishonorable, you may be eligible for disability compensation benefits. Were you court-martialed or administratively discharged? If court-martialed, it's a bigger problem.

The first thing to do is to apply for disability compensation benefits. Learn how to do that by reading my A to Z Guide... http://jimstrickland912.com  The VA has a lot of discretion with OTH or general discharges.

So...get started doing that and once you've read my guide and nearly completed the VA 21-526, get back to me and we'll go from there.

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