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... 

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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;

Happy New Year to you and Larry Scott

You had us all worried about the website for a while there. Glad to see it’s going strong again

I have spoken to you several times in the past about my VA claim. Without your help I would have still been going through the nightmare. If you remember I was awarded 100% for A.O. exposure, and Hepatitis C from contaminated vaccine. I do appreciate what the VA has done for me, and also very happy with my medical treatment.

However if this had not have happened to me I would still be operating my construction business like I did for 35 years. The financial situation for me and my wife is getting worse, and worse. The 100% disability that I get from the VA almost covers my 1st mortgage payment, and my S.S retirement just covers the 2nd. We have learned to cut out any unnecessary expenses, and this is nothing new to us. We just cashed in all our retirement savings to pay off credit card debt, and are getting to the end of our rope figuring out how to save a few bucks wherever.

My question to you, and Larry would be- Is there any organization out there that is helping service connected Veterans with their home loan modifications? I have been told by my lender that we defiantly qualify, but keep getting the run around from them. I’m not looking for a major handout. Just to be able to save a few hundred dollars a month would help considerably. My lender is Bank of America, and I’m sure you have heard that they are the worst to deal with. I didn’t get in this situation from being a flake, or lying on the loan document. I got into this situation from serving my Country and Volunteering to go to Vietnam. By the way I do not have a VA loan now, but would like to if I could qualify. I cannot qualify for a refinance anywhere, and have tried that already. I have been able to keep my credit in good standings, and have never been late on the mortgage payment, but they will not give me a re-finance. I thought if anybody would know the answer to my question you guys would.

Thank you very much for helping Veterans

Reply;

I wish I had an answer...I don't.

This economy stinks and vets are treated just the same as anyone else
today and it's rotten.

I'll ask around and see if anyone has any thoughts.

So...readers, any thoughts? What should veterans who are feeling that housing pinch do?

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Jim;

thanks for all that you do to assist veterans in the never ending battle with VA. I wrote to you months ago about applying for an increase for PTSD and hearing disability. I am a sixty year old former Marine and a survivor of the Duc Duc Massacre of 1971. I applied through DAV here in San Antonio and the DAV rep is a big fan of yours. He really cares and I think he did a good job helping me. My request was denied for both. No real problem with the denial on hearing disability as according to the test they gave me the numbers just were not there.

On the PTSD for which I currently receive 30% they didn't see where it had gotten worse. However, the DAV rep looked at my assessment score which was 55 and thought that was low and said we should appeal. So far it has only been six months. After watching 60 minutes this Sunday I heard appeals were taking 4 years! Is that accurate? Well, since the appeal started I have been having more flash backs and at least one night mare of getting shot at. went to the VA psychologist for a PTSD 101 course on how tro deal with it. Was reffered to a new psychologist at the frank Tejeda clinic. Today he was going over his proposed treatment which I think is called exposure therapy. I am supposed to make recordings of all the incidents that are bothering me and then listen to them over and over.

The doctor claims it is the most effective treatment they have and that after about ten weeks of treatment my symptoms will be to the point where I won't even qualify for having PTSD. He showed me a video of a veteran who had PTSD and said tht the treatment was tough but that he was much better from the therapy. Sounds wonderful if it is true. I kind of doubt that, but then my next question is, at the end of ten weeks are they going to claim that I'm cured and kill my 30% or try to reduce it?

Reply;

The 4 year appeal reference wasn't totally accurate. If a case is appealed to BVA it may take that long but I try to keep appeals local at the DRO level and that usually isn't more than an additional year.

Your question concerning the possibility of "killing" your benefit is a frequent concern and never easy to answer.

The system is designed to compensate you for disabling conditions. If you have a disabling condition that interferes with your ability to earn a living, you must be appropriately compensated for that.

The reality we face is that none of us choose to be disabled. I loved my work and my career and I was very successful at what I did. I'm a fairly young 61 years old and I would give anything to be able to get up each day, just as I did for 35 years, and head to a hospital and my office and put in a good day.

The goal of treatment is to make a veteran healthy enough to do just that. If treatments work and the rated disabling condition doesn't exist any longer, why would VA continue to compensate for it?

The existing law requires that you be appropriately compensated for your service connected disability. We ask the VA to be swift and sure when they rate the conditions we claim. We appeal the conditions that VA denies or doesn't lend enough weight to. When we have a disabling condition, we demand that it be rated to the maximum of the allowable benefit.

On the other hand, if the condition improves...really and measurably improves...we must expect that VA will again have a look and then rate that condition as it is today, not as it was a year ago.

If VA would repair me and rid me of my SC conditions, I'd give up my compensation in a heartbeat. I'd be making a lot more money and would enjoy my improved health.

If you undergo treatment and it is successful and those symptoms leave you, yes, you should expect that your compensation will be lowered just as you would expect that it would be raised should your symptoms be worse down the road.

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Jim;

I am a service connected veteran rated at 100% I requested marriage counselling at the Iowa City VA medical center, this was approved me and my wife had our interview on 12-23-09 we were told we would be in a 5 to 6 week session. However they do not begin until March 2010 a 3 months wait we could be divorced by then, I believe this is what they want. These problems affect my health and well being overall. This treatment is outrageous and just VA BS. I wonder if other vets have this problem getting help for their mental issues?

Reply;

Yes, others have the same issues. The mental health system is tremendously backed up due to the demand. This is also true in the civilian sector...there is a shortage of qualified mental health professionals in America.

All there is to do is hang tight, do your best to be cool and wait for it. March isn't that far away.

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Jim;

I am rated 100% service connected disability for prostate cancer due to Agent Orange. Recently I received notice of a VA examination necessary to establish my present condition and determine my future disability rating. Will I continue to receive my 100% disability throughout the examination process and appeals process if I disagree with their findings?

Reply;

You will be rated in the future according to the status of the disease. If you are treated successfully, you will no longer have cancer and won't be eligible for a 100% rating. Your rating will be based on "residuals" of treatment such as impotence or leakage of urine.

The usual rating is 40% to 60% after treatments. You may be afforded the 100% rating during an appeal but you must be aware that you aren't likely to prevail and an overpayment would be created. The overpayment would result in a debt that would be recouped from your future payments.

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Jim;

I just wanted to take the time to say hello and wish you a Happy and Prosperous New Year. I appreciate all your work and know that you help so many people.

We are doing good for the most part. My veteran husband finally had surgery on his right shoulder in Oct. He is doing rehab now.

I watched the segment on 60 minutes Sunday night and I was astonished.... I know that we have been super fortunate. Thanks to you and the others that cared enough to help me.... Thanks again and God Bless You.

Reply;

Thank you! All the best to you...

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