Jim's Mailbag

Browse Jim's Mailbag


Jim's Mailbag
September 21, 2011

Jim,

I read on your website https://www.vawatchdog.org/ the information on how to hire an attorney. I am considering doing so. I have Bladder Cancer, I an a Vietnam vet November, 1967 to December, 1968, as well as stationed at Marine Corps Base Camp Lejeune January, 1969 to July, 1969.

Jim's Mailbag
September 21, 2011

Jim,

Do you know of any Nehmer Claims that have been paid retro using VA Hospital Records, with no prior claim being filed?

Reply:

No, I don't. The Nehmer class claim depends on a claim having been filed and denied. The existence of the conditions prior to the current times that are a part of the Nehmer class rules isn't enough as evidence.

Jim's Mailbag
September 13, 2011

Jim,

I'm writing to get help with finding an attorney. I am 100% disabled and I have a fiduciary who has taken over my v.a. and ss. He is late with payments making my credit bad. I'm married to a woman who's capable of helping me with finance.

Reply:

An attorney can't help you at this point. This is a fairly routine problem that you're facing and there are strict rules regarding how vets may use attorneys.

Jim's Mailbag
September 13, 2011

Jim,

Hope all is well with you. I just got a most confusing letter from my VARO. In May 2011, I submitted a NOD asking for a DRO review and hearing as you recommend. Today I got a letter from VA telling me that they would try to resolve my disagreement through the "Post-Decison Review" process.

Jim's Mailbag
September 13, 2011

Jim,

Read your web site on how judges don't often rule in favor of vets on their disability pay vis-a-vis divorce proceedings. In Virginia, do the courts in this state consider disability pay as part of the alimony pool in which the women gets 28%? Any info is appreciated.

Reply:

Jim's Mailbag
September 13, 2011

Jim,

I had my TDIU C&P exam on July 1, 2011. In the Doctor’s diagnosis, he stated that my service connected conditions of sciatica, osteoarthritis of the lumbosacral spine and knees, foot pain and urinary incontinence render this patient unemployable for sedentary or physical work. He also stated that the disabilities of the lumbosacral spine and urinary incontinence are severe and permanent and the disabilities of the knees and foot pain are permanent and moderate.

Jim's Mailbag
August 29, 2011

Jim,

Thank you for the Q and A and columns you have written to help military members, like myself, to get through this ordeal. One thing that happened to me today in my exam today that I did not read about was that the examining doctor was forcing my joint movement to such extreme measures that I had tears in my eyes by the end of the exam. I kept telling him, it was too painful, that I couldn't get my knee, hip, or neck to the point he wanted and he would push them there. Is this a common occurrence and should I have been treated this way?

I have RA so even the slightest movement of a joint with a flare up is painful but this was down right unbearable. Tonight, as I write this, I am completely stiff from the waist down(even after taking pain meds). After the exam, I sat down in the front reception area waiting for paperwork and crying and dizzy from the pain. The receptionist asked if I was okay or if I needed to lie down in back again. All I wanted to do was get out of there as quickly as possible. I limped down to my nurse case manager and PEBLO to tell them what had happened and they said, that's not normal and that they'd get back to me. Any thought or advise on this would be greatly appreciated, I'm completely lost and feeling very mistreated. Thank you.

Jim's Mailbag
August 29, 2011

Jim,

I have been reading several posts on internet about Nehmer retro pay. They all give different answers. Jim will VA give retro pay IHD diagnosed at VAMC with MI back in 1994,VAMC has doctored me for this condition to present date. No previous claims filed.I filed claim in June 2011 for IHD and asked for pay back to 1994.Do I quailify for Nehmer retro pay? I meet all eligibility requirments.

Reply:

Read the page I have posted regarding Nehmer. http://www.vawatchdogtoday.org/Nehmer.html

Jim's Mailbag
August 29, 2011

Jim,

I read the vast information available and admire your perseverance in the dissemination of this knowledge upon various websites. I have an inquiry with regard to VA claim submittal that you may or may not have insight to:

If a service connected disability is part of an initial claim, should possible aggravated or secondary injury / illness be included? Rational would be that since the folder of a claim could only be in one place at one time within the VA, will the mixing of the two slow down possible rating / exam scheduling while the secondary are considered for application?

Jim's Mailbag
August 3, 2011

Jim,

Just a couple of questions you may be able to answer for me..

1) The RO has had my file for two or three months my last c&ps were last october 20 2010 is this normal for a rater to take this much time to approve or deny a claim?

2) I had included also on my claim in april 2000 and again in 2007 that my fluacting blood pressuer was due to agent orange also my primary va dr stated in his report that the high blood pressuer was more than likely due to my exposuer of agent orange is the fact that va conceded my exposuer to agent orange and combat i guess becuse i was at the dmz 3rd mar div they denied it. is it even claim you can file?

Jim's Mailbag
August 3, 2011

Jim,

First off, I just want to say thank you for all of your hard work and dedication to veteran’s everywhere! I have a question pertaining to private attorneys and veteran’s disability law. Is there a legal cap to what a lawyer can be paid from retroactive disability claims? I know the cap for SSDI claims is $6,000 or 25% whichever is cheaper, but I’m having a hard time finding a definitive answer about veteran’s claims and caps. Please assist if you can and thank you again for your ongoing service!

Jim's Mailbag
July 30, 2011

Jim,

IS THERE A RELATIONSHIP TO AGENT ORANGE AND LOSS OF IRON OR NO IRON IN THE BODY. 1965-66 VIET NAM VET. THANKS IN ADVANCE - BEING READING YOU FOR A GOOD WHILE.

Reply:

Jim's Mailbag
July 30, 2011

Jim,

My claim for IHD has been at the Ratings Board for about 90 days+. I call 2 twice a week and they tell me I should hear very soon. They have all the medical info they need to determine my case. I feel the longer they take --the result will be disappointing and they will turn my claim down. I had 2 heart attack (sting installed) 2nd h.attack (quad by pass). Should I keep calling or just wait for the brown envelope?

Jim's Mailbag
July 30, 2011

Jim,

hi, i am a Vietnam veteran, i have a claim for ischemic heart disease, my claim dates back to 1996 i served aboard the uss Jamestown agtr3, basically a spy ship, i was able to get a hold of an updated list of navy ships that fall under agent orange it's dated may 4 2011 the were only a hand full of these ships operating around the world, they were classified as agtr's the uss oxford which was our sister ship is listed in the up date we have not been as of yet our mission was the same and one of us (our ship) was always on station up and down the vietnam coast, we took liberty in vung tau, an thoi ect. I am trying to find out how i get my ship added to the list . also i landed in Saigon at ton son nute aiport and stayed at the annapolis hotel while in transit four different times and i can't find any of my travel info from st.louis i served in vietnam from sept 1967 untill dec 1969 i extended once, if there is any help you could offer would be greatly appreciated

Jim's Mailbag
July 19, 2011

Jim,

I just got the following message from a Vet Advocate. Could please give me your take on this, or is it even now at this point in time.

Jim's Mailbag
July 19, 2011

Jim,

Viet Nam 1969-70 I was diagnosed with prostate cancer on June 9, emailed disability application to VA on June 15. On June 16 received email that application was received at Detroit office.

I an thinking of watchful waiting as treatment. I expect not to hear from VA for many months. Will I get 100% disability from June 9 if I chose this treatment option? I am not sure VA will consider this a ongoing treatment.

Reply:

Jim's Mailbag
July 19, 2011

Jim,

Jim's Mailbag
July 13, 2011

Jim,

thank you so much for the service you provide, I think I would have gone crazy (crazier) if I hadn't happened across this site when I did. I am an Army veteran of the Reagan, Bush, Clinton Grand Tour (Greneda, Panama, Persian Gulf I, and Somalia).