Veteran's Corner Saving your taxpayer dollar!

veterans claims nightmare




Melvin served honorably in the U.S. Navy for more than 10 years before he got hurt falling down a stairwell on ship. He was making the Navy a career and was a good sailor. He was medically separated and given a zero percent disability from VA for each of his injuries; a damaged knee and a severely wrenched back. He had fallen in love with our area, and a young lady from Lauderdale County, so he married her and stayed. He got a job and tried to start a new life. Melvin was a mechanic in the Navy, and that was all he knew how to do. He obtained work as a mechanic and went on with his life. But the "slight" injuries (that is the definition of zero percent under VA) to his knee and back were not so slight. Within a couple of years of his separation Melvin was declared totally disabled by Social Security. That was 1992. He has been fighting since 2002 to just get that zero percent increased. Zero percent means, "yes, it is service connected, but not bad enough for any payment." Melvin is now in a wheelchair because of these "slight" disabilities. His wife is also on Social Security disability. So these folks who have worked all their lives, and paid a lot of taxes, are now living on less than the national poverty level.

When Melvin's claim for an increase was denied the first time, a service officer told them "sign this." "This" was a VA form 9 — which automatically sends the claim to the Bureau of Veterans Affairs in Washington, D.C. The BVA has a three year backlog. That means they don't even look at the paperwork for at least three years! In Melvin's case it has been almost six years, because someone in Washington lost the claims file! The problem is Melvin didn't have to go to the BVA. He had a choice — which was not explained to him by either of the Veteran Service Officers to whom he went for help. One of them worked for his county and the other worked for the State VA Claims Office. He could have requested a Decision Review Officer Hearing at the Regional Office; but he didn't know — and they didn't volunteer the information. To get a DRO hearing dates takes about three to five months — not three years. The DRO can overturn the denial and award the claim. In the meantime, he doesn't qualify for a "disability pension" because his 10 years of honorable service did not include at least one day when the country was "legally at war." So the taxpayers' dollars are saved; Melvin's family starves, and his oldest sons fight in Iraq and Afghanistan.

George also served, in the U.S. Army, for eight years before he was medically separated. In George's case, he was given a "separation severance payment." He went before a "medical evaluation board." They recommended he be awarded 20 percent disability, but said he was "medically unfit for retention." If the board awards over 30 percent disability, the service member must be medically retired instead of medically separated. Medical retirement means his family has health care, he receives a portion of his base pay after separation, and the family can use the base shopping facilities. To a family with small children, those benefits mean a lot in re-adjusting to civilian life — and paying the bills until the service member can get a job! George knew the severance pay would offset VA, but his family needed the money until he could get a job and start working.

That was 19 years ago! George's offset should have taken eight years; then his VA checks should have automatically started. But there was a "computer glitch." In the meantime, George's disease has become much worse. His other medical problems, all of which are documented to have started on Active Duty but were not considered at the time of his separation, have all become worse. George has a wife, and four children. He is "hanging in there" on his job through sheer determination and the "true grit" of a career soldier. His wife is working, but doesn't earn enough to support the family until he can get a Social Security Disability claim processed. Last week we filed a claim for all the medical problems that are documented in his military medical records; and filed for an increase in the 20 percent that was awarded for his disease; and requested that someone look into the "computer glitch" and at least pay him the 20 percent whose offset was finished 11 years ago! Right now the VA Regional Office in Jackson says that a "normal" processing time is 180 days (six months!) So hopefully, George doesn't die before he gets his deserved increase and retroactive payment. By the way, to further save taxpayer dollars, the retroactivity on George's problems that were not listed by the medical evaluation board can only give back to last week when we filed the claim.

There are several other "offsets" in the 38 Code of Federal Regulations (the law that governs VA). These offsets "save your taxpayer dollars." We will discuss more of them in future columns. This is an election year, and it is important for the public to know how their taxpayer dollars are spent-and saved.



• Submitted by Bobbye C. Jerone, Independent Veterans' Advocate and President, American Legion

Auxiliary Unit No. 257 in Meridian. She can be reached

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