Decisions about disability claims are made only on the merits of the claim itself - personal finances don't enter the discussion

Dear Jim, I found you on the internet. I served in the US Navy for 4 years active duty and two years in the reserves. I was an Aviation Hydraulic Mechanic. Back in 1983 my squadron returned from a lengthy 9 month cruise. During that cruise I worked on the flight deck in the line division. I was responsible for recovering and launching my squadrons aircraft as well as servicing them. I escaped near death on three occassions because of aircraft crashes and one instance where an arresting cable snapped killing many right next to me. All of these episodes have affected me over the years, nightmares, restlessness, constant memories and guilt for being the survivor. When we returned to our air base a Hurricane came in. They mustered the duty section and had us hurriedly gather the aircraft into the hangar.more...
Posted on: Monday, April 15, 2013

Firearms purchase and fiduciary status - how to appeal

Jim, While reviewing policies about VA appointed fiduciaries I came across an interesting paragraph on the VA site. Due to The Brady Handgun Violence Prevention Act, anyone deemed unfit to manage their benefits loses the right to purchase or carry a gun and are added to FBI NICS background check database. The paragraph mentions a way to appeal this but doesn’t give any detail. Would an appeal be in the form of a NOD? Here’s the full text from the VA site: The Brady Handgun Violence Prevention Act prohibits you from purchasing, possessing, receiving or transporting a firearm or ammunition if you have “been adjudicated as a mental defective or been committed to a mental institution.” In compliance with this act, VA reports the names of incompetent beneficiaries to the Federal Bureau of Investigations (FBI), which then adds the names to a database called the National Instant Criminal Background Check System (NICS). more...
Posted on: Wednesday, April 10, 2013

Mileage reimbursement

Hey Jim, I would like to know if you know why the va does not pay mileage to the new clinic I go to? Reply, VA explains travel pay here http://www.va.gov/healthbenefits/resources/BeneTravelFAQ.asp#eligible In a nutshell, it isn't consistent anywhere. Each facility is pretty much allowed to use any sort of map they want to when they determine what your mileage is. The guidelines aren't well thought out and in the end, the veteran is usually shorted on travel pay.more...
Posted on: Wednesday, April 10, 2013

Chronic conditions and permanent status

Hello Jim, I want to thank you first for the tips and help you described at your site. It gave me the words and answers I need for my initial c and p exam. I was at first awarded 76% due to asthma depression and eczema. Those came with a no future exam needed. But a few months later on they gave me a 100% total for asthma because they found I was a gulf veteran and though this time, I have future exam needed and that is coming this next three weeks. My question is... as I have 100% total only, I would really like to have permanent for my asthma disablity. What should I say or imply when I do the reexam so they could justify my case as permanent? Because as all medical professional also know that asthma and eczema are chronic which could be controlled but would stay forever. Currently I control my asthma and eczema via medications but havent gone to any life emergencies yet due to the fact that I do not do my past military work as a civilian anymore. I currently go to school now and use the money they gave me to pay some of my expenses at school and home. And so far I am currently employed too but as easy job as a store clerk. I dont know if my work or school would be helpful on my case but my main concern is how should I have them give me the permanent 100 without losing my benefits? Please i hope you could help me out. Thank you very muchmore...
Posted on: Wednesday, April 10, 2013

VA incompetency judgment

Hello Jim, I have a question about the VA incompetency certificate. So, if VA deemed you incompetent, are you incompetent for everything or just your VA money? Thank you for answering my question. more...
Posted on: Wednesday, April 10, 2013

Denial and appeal questions

Jim, I just discovered your website and I'm thankful that I did. Based on what I've read there, it seems that my VSO at the DAV gave me bad advice on appealing my VA disability decision and I'm interested to know your guidance: 1. My one year anniversary of receiving my VA Claim Decision letter is 2 May 2013. The VSO advised me to send in a VA Fm 21-526B, Supplemental Claim for Compensation prior to 2 May with the 2 years of medical records I've accrued regarding my claims since I retired. If I do that, have I then effectively given up my right to appeal with a NOD? Or will the Supplemental Claim push out the 1 year deadline for a NOD until the new review is complete? I appreciate any insight you can give me. Thank you very much,more...
Posted on: Tuesday, April 9, 2013

Ask a veterans law attorney to review your claim

Jim, After firing the DAV and taking on the liaison with the VA myself, I have run into a slight problem. I was working with a VA Appeals Team member and thought things were working out. Just received a statement of Case (SOC) for most of my claims that were on appeal. It is full of clear errors on the part of whomever put it together. They covered everything except for my original claim from Sept. 2006 for DMII and secondary conditions due to herbicide exposure. I was getting close and had explained why I was going ashore while a Blue Water Navy sailor and it seemed to be accepted. They needed to verify my security clearance level as the job was secondary to my assigned position aboard an Aircraft Carrier. That job was as a courier with classified photo's and reports on the current campaigns that we officially at the time said we were not doing. more...
Posted on: Tuesday, April 9, 2013

Boots on the ground generally required for Agent Orange benefits

Hi Jim, My fiance is a Vietnam vet. He is suffering from the effects of Agent Orange and has diabetes as a result. He served in the navy on the Kittyhawk. He had applied for Agent Orange benefits years ago and was assured he qualified. He tells me that under George Bush legislation was passed to disqualify him because he did not serve on the ground but in a waterway. Can you tell me anything about this? Reply: Vietnam veterans are approved for diseases that are thought to be caused by agent orange exposure. Adult onset diabetes is one such disease.more...
Posted on: Friday, April 5, 2013

Permanent rating is never permanent at VA

Hello Jim, I am 60 yrs old and just received comp for PTSD @ 50%. Someone said they will not re-exam you to reduce the benefit after age 55. Is this true? Reply, No, that's not true. VA may reexamine a veteran at any time for any reason. The "Permanent" rating isn't ever permanent at VA. This is particularly true of mental health issues like PTSD. Having said that, the 50% rating is rarely on the VA radar. The focus of the VA is the 100% rating because that's where the money is. While VA can reexamine you, it's very unlikely that they will. Enjoy your benefit, seek as much treatment as you can get and don't worry about it.more...
Posted on: Friday, April 5, 2013

Get an attorney to help with the appeal

Hi Jim, I was awarded 50% compensation for migraines in 2010 with a retro date of 2008. I appealed the retro date because I had filed for disability compensation back in 1999 and 2002. The VA denied my retro claim because I did not appeal when I filed in 1999. However, I did apply and appeal in 2002, but of course I was denied. I will appeal the decision to the BVA. My question to you is do you think I have a chance at winning this appeal? I recently read an article of a man receiving retro benefits dating back to 1950, even though he did not appeal when the VA initially terminated his compensation for a bad hip. Peace and Blessings... more...
Posted on: Friday, April 5, 2013

Pages