Need help with a legal problem?Complete the two steps below to get the best search
Step 1 For a better search, add some info about your client Help Your Search with Additional Info

Jim Strickland's Mailbag

Jim Strickland's Mailbag

from Jim's Mailbag from Jim's Mailbag...

New Add Your Comments

Send email to Jim Email Jim

Jim Strickland is a nationally known advocate for veterans and a member of the Stateside Legal Advisory Board. This column appears with his permission. Jim's opinions are his own.

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.

Recent Mail

Permanent and Total (P & T) rating (Wed, 2012-05-16)

Jim,

I am receiving ssdi and tdui 100% p&t no future exams schedulded. It will be 2 years in January 2013. They are for multi skeletal problems an secondary depression. Should I relax and send in my yearly report and feel safe that I will not lose my ratings in the near future.

Adding information to a claim (Wed, 2012-05-16)

Jim,

I have read where you say you can not track your claim. Does that mean if I find extra evidence to support my claim and I turn it in that it will not be added to my claim because they can not find it. Any help would be greatly appreciated

Knowing a little medicine or a little law is a dangerous thing (Mon, 2012-05-14)

Jim,

I finally had a DRO hearing on Wednesday (31 months after submitting my VA-9), and I had a chance to get my 2¢ in, as did my DAV SO.

For the 1st time in the 9-year history of my case, I felt someone at the VA actually listened to what I had to say.

Errors by the adjudicator are frequent at VA - go straight to DRO Process appeal (Mon, 2012-05-14)

Jim,

If we can't afford veterans, we must stop creating them (Mon, 2012-05-14)

Jim,

This is the old discussion on why VA is so slow in processing claims:

It still goes back to "money"! I was wondering how many of the current outstanding claims for disability are valid? If they are granted then how much money would the government have to provide to the veterans? With Social Security, Medicare, Medicaid and food stamps on the chopping block why should we expect VA disability to be fully funded.

I guess what I am saying with the "austerity budget" that is being promoted why spend money to automate the claims processing?

Permanent disability (Wed, 2012-05-09)

Jim,

I’ve been reading more and more about Veterans on IU who are rated as permanent being called in for re-evaluations. Have you seen this trend? Being on IU P/T for a little over 10 years and over 55 years old and not planning on asking for an increase on any SC disability do you think I would have any reason to be concerned? I also have no earned income.

How important is the last employment to the VA when applying for IU disability? (Wed, 2012-05-09)

Jim,

How important is the last employment to the VA when applying for IU disability? What is ask of veteran?

Basic disability filing - start with well-grounded claims (Mon, 2012-04-30)

Jim,

I have a basic question about the initial VA claim procedure:

Should I file each injury separate (e.g., one for right knee, one for right hip, one for left heal, one for left Achilles' tear, one for right Achilles tear, etc.) or should these be placed on one claim for everything? And, should I submit all my files with the claim or wait until they request them (e.g., accident report, profiles, physical therapies, history of medications for pain / anti-inflammatory etc.?)

You can make any claim that you want to make that you believe is true and correct (Mon, 2012-04-30)

Jim,

I am a 59 year old veteran living in Florida, currently rated at 30 %. I am rated because of injuries to my right knee and hip and hypertension. I also have hearing loss in my left ear (currently unrated) but also service connected. Additionally, I have sleep apnea and use a CPAP machine. The situation with my knee and hip have gotten worse and my quality of life has gotten dramatically worse since my last evaluation. I an unable to stand for long periods of time or walk any distance without having significant pain my my lower extremities. My other knee has started to give me a problem and I believe that it is directly related to the original service connected injury to the bad knee. The VA has told me that the bad knee could not affect the remaining knee and that I cannot claim a connection between the both knees. My civilian doctor says there could definitely be a link and one could have caused the other to deteriorate.

Getting an ID when 100% (Mon, 2012-04-30)

Jim,

I am at 100 percent rating. How can i get my id on base what will i need? Also can i still work? THanks for your help.

VA doesn't play favorites (Tue, 2012-04-10)

Jim,

I understand the two year waiting period. My question is does VA play favorites when it comes to your military branch of service. I am not a combat veteran. I am a U.S. Coast Guard veteran. I have two claims filed with VA. Will any of this play a part in the decision of my claims. I love your sight. Thanks

Reply:

VA did not report everyone to the NICS system (Tue, 2012-04-10)

Jim,

Dispute over retroactive pay is very common (Fri, 2012-04-06)

Jim,

Ask Congressman for help (Fri, 2012-04-06)

Jim,

I hadnt received my febuary DIC check, so on the 2nd I contact VA they said my direct deposit was sent to a bank not connected to me. I had been on the phone for 2 weeks trying to get a answer on how and why this happened. I have yet to get a clear answer. I have US DIRECT DEPOSIT. I received a letter today from va only to inform me I am being set up for a new Direct Deposit Account, and I am not to use my exsisting card until my first deposit reaches my new account, same letter I received on the First Card.I am to wait 1 to 2 months for my deposit. This has devasted my finances. I am know having to relocate after I have just relocated in Dec of 2011 for the reason I have to Rent Money, I also have a title loan that is know as of March 2,2012 is accuminlating $20 aday above my payment of $560.00 The out sum of what I owe as of today in this charge is already above $400 my electric has been cut off and my truck payment is now overdue. There must be someone or something that can been done ASAP before long I will not have a roof over my head and a chance of loseing my Vehicles. Its bad enough my VA information is not protected and know my financial situation will have me without a home, I am also disabled to work, Please help me find some help

The VA decision-making process (Tue, 2012-04-03)

Jim,

I really appreciate what you do with this sight. I am very thankful for your answers. My question is how can VA make a decision on a denial claim within a month. But it takes two years to make a deciion on your claim. Thanks

Reply:

The system is often dysfunctional (Tue, 2012-04-03)

Jim,

The patience of a saint and the tenacity of a junkyard dog... (Thu, 2012-03-29)

Jim,

I wrote to you back in May '11 thanking you for supplying all the info I needed to win my COPD appeal. I was so happy. I waited on the back pay (3 yrs) and made plans. Nine months later in March '12, i finally get paid.

Phone fraud (Thu, 2012-03-29)

Jim,

Disability vs Unemployability (Tue, 2012-03-13)

Jim,

I would like to know if my wife and children are eligible for DEA Chapter 35. My wife would like to go to college and also my kids in a couple years. I am getting 90% VA disability and unemployability. Someone told me my dependents are not eligible because I am not 100%, only 90%. Let me know at your convenience. Thank you.

Compensation for being Fiduciary (Tue, 2012-03-13)

Jim,

I have been married to my husband, a %100 Disabled Vietnam Veteran, for almost 12yrs now. My husband has been receiving monthly VA Disability Benefits since 1997. My husband has been declared "incompetant" by the VA, therefore, I, his wife, was appointed the spouse/payee and fiduciary of his monthly benefit payments. The check is addressed to me as the Spouse/Payee/Fiduciary for the veteran. My question is, does the Veterans Admin provide any comensation to a "fiduciary", the reason I ask, is because being the spouse is a difficult job itself, but also being the fiduciary, requires a lot of difficult work that consumes a lot of my time and I'm not doing very well in the "health" area myself. Thank You

Agent Orange and Diabetes for Vietnam Vets (Thu, 2012-03-08)

Jim,

Dealing with the VA and finding out what benefits my brother may be eligible for has been a nightmare so far. I'm hoping that you can help put me on the right track because we are in real need of help.

My brother was a 1st Lieutenant in the army from 1967 to 1969. He served a year's active duty in Vietnam and received an honorable discharge as well as a bronze star. He suffered a back injury for which he has drawn a monthly disability check since leaving the army. His injury is relatively minor and has not held him back from any jobs or most activities. He turned 66 in September and is drawing Social Security and has part A Medicare coverage. He thinks that his part B Medicare will begin Feb. 1st.

C&P Wait Time (Thu, 2012-03-08)

Jim,

my question is what is the normal wait time for a C&P Exam after you have filed your VA claim. Any help would be greatly appreciated.

Choice of Place - Treatment at VA facility (Thu, 2012-03-08)

Jim,

Can you please let me know or point me in the right direction about this question:

In 2008 I started treatment and medication that my home VA did not offer and was forced to travel to another Va farther from my home. In the last 3 years I have seen the same Dr there and have a built a trust where she know the in's @ out's and up's and down's of my life and the struggles and problems that go with it.

Disability claim after spouse's death (Wed, 2012-02-29)

Jim,

I am writing to you once again to ask your help with my husbands claim. I was his caretaker for 3 years. My husband passed away January 2012 while he still had a claim outstanding. The VA addressed his Heart decease and rated it 100% January 2011 (with increments back to 2004) You told me once that I can continue the claim if death occurs but I forgot the steps I think you said I have to fill out a form to do that. My husband died a home with private hospice attending and the Dr. put information on the death certificate relating more to his claim which addresses the Stroke rather than the Heart desease for which he was rated 100%. I am trying to file for a service connected pension because the my only income now will be his Social Security. Please contact me and refresh the steps I have take.

Veterans attorneys represent veterans when the veteran needs help with the VA (Wed, 2012-02-29)

Jim,