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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.

Jim,

I have just found out today, through my "non-VA" OB/GYN, that I have to have a full hysterectomy (right and left ovaries and uterus). I have fibrosis in my uterus, and both the left and right have cysts. The right also has a tumor. I am service connected 10% for ovarian cysts.

Jim,

A Veteran requestd a reconsideration of a previously denied final claim.

VA scheduled and the Vetaren reported for a C&P examination. The Veteran asked his VSO why the VA did not acknowledge the C&P examination in their decision.

The VSO stated that the C&P examiner, despite acknowledging the diagnosis, did not give an opinion.

Question 1: Is this consiered a reopend claim?

Question 2: Is the VA C&P examination considered supporting medical evidence that should be listed in the evidence section of the decision letter?

Thank you.

Jim,

As I understand it, the Agency of Jurisdiction (AOJ) is the regional office where the claim was originally decided.

Question 1: Is my above interpretation of the AOJ correct?

Question 2: Can a claim be sent to another regional office before it is completely adjudicated by the AOJ?

Thank you.

Reply:

Yes, AOJ generally refers to the VARO where the claim was initiated.

Jim,

I have a veteran friend who went to his Regional Office and turned in an NOD. Things went according to normal, document NOD was copied and date and time stamp applied. He was then told the C-File was the property of the VA and was for their use only but they would furnish him with copies of his medical records. I thought that the Freedom of Information Act entitled him to his entire C-File. My Question is am I correct or have I been mis-lead? If correct what steps do you recommend he take? Thanks for your reply and keep up the good work. God Bless.

Jim,

My brother came home from Vietnam in 1970 and he managed to work long enough to pay in 36 credits to Social Security. He struggled long and hard working at different places because he felt like rooms and small cubicles places were closing in on him and he felt smothered. Due to this problem it became harder and harder for him to work, well in 1992 the Social Security deem him 100% unemployable due to PTSD and Back problems and gave him a SSI check. His Social Security doctor told him that the VA would be able to help him. He filed a case with the VA and in 1995 the VA found him 100% service-connected due to PTSD. But after he began to draw his VA pay Social Security dropped his check.

My question is:

He was found unemployable by Social Security in 1992 at the 100% level due to PTSD and his back and at that time he was 44 years old and according to their own chart for credits he only needed 22 credits to draw SSDI, now here it is 2012 can he re-file a claim to restore his Social Security check.

Thank you for all you help and knowledge that you have given me and all the other VETERANS around this great country.

Jim,

I have made several attempts to acquire my medical records to determine my eligibility for Veteran's Benefits. Unfortunately, I have been unsuccessful. I am asking for your help. You can contact me via email or telephone.

Thank you for your time and consideration

Jim,

My son in law served 8 years active duty in the Army as a communication specialist, with one year tour in 1995 in Iraq. He filed for compensation shortly after he was discharged in 2006. has SMC’s indicating treatment and ongoing problems with Pes Planus, Lumbar strain,bilateral shoulder pain, bilateral patellofemoral Syndrom,hand problems and hearing loss.

Jim,

My husband, a Vietnam Veteran with 25 years of service, died in August of 2008 from pancreatic cancer that the Docs. @ MD Anderson said was probably related to Agent Orange exposure from Vietnam. He also had multiple heart problems during his military years and after his retirement including open heart surgery and years later placement of stints. He was classified as 100% disabled with service connected disabilities. As his widow I received a Nehmer review letter asking for documentation. I sent a massive amount of documents beginning in 1970 until his death. I signed various copies of VA form 21-4142 and also sent his VA rating decision of Dec. 2003 and the Combat Related Special Compensation document. This was all mailed via Registered letter with return receipt requested in March of 2011. I had a few follow-up letters requesting more info. from the family doctor prior to his death and those at MD Anderson. More items sent as a result. In September of 2011 a gentleman from VA Nehmer review called and said all necessary documents are in their file and I would receive a decision soon; unfortunately I did not record the callers name. How can I check on the current status of the Review? Do I send a letter? Do I call?

Jim,

I think your are Awsome writer! I like the way you tell it like it is ! My question is ; I was recently awarded 100% IU, in my award letter, it says that they would like to set up a future exam to determine if there is any improvement to my disabilities. How soon do you think I could expect such an exam? I was awarded on Dec.1 2011. Thanks you very much for the info!

Jim,

Just after emailing you today I got my brown letter response from the VA denying all of my eight claims for disability from my injuries all suffered in Korea in 1956. They even denied my inability to work caused by my disabilities in Korea. My question to you is have you heard of these attornies (redacted)? They are a central Florida legal group that only represent veterans plus Social Security Benefits? I now need a veterans legal lawyer. Can you help me find a good one? My thanks for your time, trouble and experience Jim. Korea Vet 1955-56 & 57.

Jim,

I was just awarded 70% for PTSD and looking to file for IU. My Psychiatrist at the VA advised me to file for 70% (which I did and got) and he wants me to stop working due to the stress my job causes. He told me that he would grant me IU if I was awarded 70% for PTSD. My question: can the Physiatrist I see at the VA grant IU or will I have to go back through the C&P review again? Please advise.

Jim,

The following is what I sent in to the VBA in Helena this week, I think its pretty straight forward. I have researched this myself without any help from any service agencies. Do you think i should have waited for a denial on pericardial adhesions first? and do you think I should have seen a lawyer first? if I should need a lawyer, who would you recommend?

Jim,

VA says they are giving me a feduciary. Will I be able to have my parents as feduciary? How does that work? Will I just tell the field examiner that I choose my parents? Do you have a template or some suggestions/additions that you have that I can add to my letter to appeal the need for a VA appointed feduciary? I looked at the templates on your website and none are specifically for feduciary cases.

Reply:

Jim,

I have a friend of mine that has been drawing @ the 100% level of the VA. He has been doing so for the past 15 years. Today he go a letter stating that he has to come in for a new evaluation. His question is should he really be worried at his age, he is 64. I really appreciate all of the help you have show the veterans and myself and greatly appreciate and value all your input.

Reply:

It's very unusual that he would be scheduled for an exam at this point. I can't imagine why the VA would bother.

Jim,

First let me say that you have a wonderful site filled with all kinds of needed information about the VA system. That being said, I would like your opinion about some information that I am seeking.

Jim,

I was awarded IU 5 years ago when I was almost 60. I've heard that after 20 years it turns in to 100% schedular. Any time in between it can be reviewed. I'm not sure I'll be around to see the 20 years deal. I was wondering if their is an age for us old folks that they say, well he's getting to old to have to worry about getting better or being able to possibly be able to go back to work, so we will drop the 20 year deal and make him schedular, and he wont have to worry about the review board.

Reply:

Jim,

Hi my dad recently passed away after a massavie heart attack & he had filed his nehmer claim when was diagnosed with coronary artery disease back in June 2011..he passed away in August 2011. I have filled out va form 21-534 as I was instructed to do & to put on the form that it was in reference to a nehmer claim. I was just wondering how long this process takes & if theres anything I can do to speed it along. & just wondering how long should I expect & if theres a way to check on the process at all. thank you very much !