Assistance For Vietnam Vet

[parallaxtech]

My eldest brother, a Vietnam veteran, was physically and mentally traumatized during the war. He was homeless for a while, but has recently begun to receive social security payments that have allowed him to live a modest lifestyle. He has approached the VA for disability payments but has been shunned each time. He has obvious war injuries (wounded several times, malaria, etc.) and was diagnosed with ptsd after seven failed marriages and psychotic episodes. Should I contact a congressman or try to find a lawyer for him? Any suggestions from former vets or lawyers would be appreciated.

[ThaiRich]

You should google your same questions and see what you get. I would also suggest going down to the local VFW post and having a talk with the vets there.

Edited December 29, 2012 by ThaiRich

[Doc50]

Not sure what the actually shunning process of the VA is you referred to.

But if your brother applies for disability compensation for PTSD he would be given a written reasons and basis letter for the denial of compensation if that is what happened.

Have you read this letter?

Was he given one?

Did he really apply?

Wounded several times you say. Any physical disabilities?

Does he have a DD214 discharge papers?

Doc

[parallaxtech]

Thanks for the responses. Before writing this I researched it on search engines and discovered that tens of thousands of other vets have been waiting for years to get a response on their application. One article said that the VA responds to over one million applications per year but then get way more than one million new applications each year. I believe that his mental disabilities are more serious than his physical ones because he saw a VA psychiatrist for over a year. As far as I know he received a standard honorable discharge and he hasn't mentioned any written denial from the VA. I will tell him to just stay on top of it.

[RKASA]

If he is pulling SSA and has been homeless in the past he may not be pulling vary much SSA anyway. What state are you in - do they have a vet's home and a VA program - if admitted they will normally provide transportation to from the VA and advocate some issues. He is more likely to move things along faster if a member of the home. Once any claims are approved he can then move out to a more independent life style. It's not hotel California.

[parallaxtech]

He was living in CA and now in FL in a small house. He told me that between social security and some type of disability insurance from CA he gets about $2,300/mos. This is enough to keep him alive. However, in 1980 he had a net worth of $7M and then lost it all in seven divorces. He blames this on mental problems caused in Vietnam. I hate to see someone who went to the very top go out with such a meager existence. He mentioned that the VA told him he needed an advocate. I assume that means someone from the VA to sponsor him.

[USNret]

It sounds very much like he has never actually applied for any VA benefits. He may have talked to a VA rep on the phone and gotten certain advice which may or may not be valid. If he had physical or mental impairments directly related to his military service, this should have been documented in his military medical record during his service or shortly thereafter. Trying to make a claim now that his disabilities are related to his service 40 years ago is a long shot -- and the burden of proof is on him. Yes, the VA is backlogged but this is mostly due to Iraq/Afghanistan era vets. The VA does not get "millions" of applications each year. The U.S. total active service right now is about 1.5M personnel, and most with disabilities are adjudicated within a few years after discharge. They greatly taper off, and not too many Vietnam vets are seeking first-time benefits at this stage in their life.

This isn't meant to discourage him from trying. To the contrary, what I suggest is he stop talking about it, and actually apply for benefits. No one from VA will "sponsor him"; that is not their job. He might want to consult a lawyer or other advocate to help him collect evidence of the nature of a service-related disability. Truthfully, if he was able to amass a personal fortune of $7M after his military service, then it sounds like he was functioning just fine at one point in life. His psychological issues might have cropped up later, making it more difficult to claim that this is all due to military service.

[pmarlin]

He just needs someone to help do the claim paperwork and get enrolled in the VA medical system. Just contact the local DAV. Disabled American veterns chapter and they will help. Also most States have local VA reps in each major city. Google is your friend.

[IBoldnewguy]

My experience with family members is that sometimes they just need a sympathetic ear. The story they tell me and I them is mostly the story that shines the best light on ourselves. If you really want to help him look at the documentation so you can decide for yourself. Without documentation it is just a story.

If he is living on his own he must be lucid; if he served in a combat zone and has a qualifying discharge (see his DD214 which should list both) he should at least be eligible for Medical Benefits. Claiming a disability years after the fact can be a problem as before one is discharged one is required to sign off as to one's physical/mental condition. Many of us were so eager to get back to the real world (and our faith in the system so corroded) we would have signed anything as long as they let us go home.

If VA has recommended an advocate (a lawyer qualified to appeal a VA determination) then evidently they have looked at his claims and ruled against him. Seven marriages would give most of us PTSD, however that form of combat would not be covered by VA.

Forgive the sarcasm as two divorces and money loss thereof made me realize it was a form of slavery; I don't want to be own or be owned by another human being. Of course, if I ever met someone who could afford to keep me in an extremely rich style, I might change my mind. Regardless, Happy New Year and best wishes to you and the Bro!

[Langsuan Man]

He was living in CA and now in FL in a small house. He told me that between social security and some type of disability insurance from CA he gets about $2,300/mos. This is enough to keep him alive. However, in 1980 he had a net worth of $7M and then lost it all in seven divorces. He blames this on mental problems caused in Vietnam. I hate to see someone who went to the very top go out with such a meager existence. He mentioned that the VA told him he needed an advocate. I assume that means someone from the VA to sponsor him.

I would be blaming it all on the 7 women he divorced not on mental problems caused in Vietnam. His $2,300/mos you cite is more than I pull from a Federal Pension after working for 20 years and is twice the amount considered "povery level" (source: anhttp://aspe.hhs.gov/poverty/12poverty.shtmld)

[CWMcMurray]

http://www.vetadvocates.com/

[koolbreez]

With that much money coming in, and his having been seeing a VA psyciatrist, there is no real benefit he will gain from winning a claim. He will loose the SSA, and it even comes into question why he is getting SSA given the other income. SSA does not allow you to make extra money in that large of an amount, and still continue to receive it.

He has VA medical (don't have to be service connected dissability to get VA medical), or the VA psyciatrist wouldn't have seen him. Also the psyciatrist, just as part of the job, would have done everything possible to get your brother everything he was entitled to, including getting him in touch with an advocate (they are well known by everyone in VA medical clinics).

There are a few things about this whole situation that don't seem to add up for your brother, and I expect quite a bit he is not telling you. I can accept war related stress as the cause for a few of the early failed marriages, but not all seven. If the ptsd was diagnosed by the VA psyciatrist, as it sounds, again the doctor would have gotten him in touch with the people to help him with his claim, if it was determined he was not curable.

He is also now making a very good monthly sum of money when taking into consideration what he would be making on as high as a 100% dissability VA payment. He is actually doing very well living wise now, when taking into consideration how others in his same situation getting VA benefits live. There is nothing he would gain by getting a VA determined incurable dissability payment that he is not already getting, or has available to him, when taking into consideration what he would loose by getting it.

The VA will never give him back any of the money he financially lost because of the alleged dissabiliy. They do not work that way, and never have. They are giving him what they can now, and by all means he should pursue, and file a claim if there is any possibility of winning. The VA psyciatrist he dealt with would know what his chances are, and is the main determining factor in his winning, or loosing, being that that VA doctor diagnosed him. They do work for the patient's benefit, not against.

Good luck

[parallaxtech]

KB: Thanks for that information, which I wasn't aware of, but it now sheds a new light on things. So,I think he better just be happy with what he is getting. It's just that he was my childhood hero so I was hoping to do more for him. When I was a young boy, my mother used to read the Army commendation letters to me and I would keep a copy in my wallet and proudly show it to my friends and teachers. Then, when I graduated from university and was saddled with debt, he was the only one who called to congratulate me and offer a new condo with a BMW, which I appreciated, but politely refused. So, later in life when he phoned me "collect" and said that he was homeless and suicidal, I didn't hesitate to offer financial assistance and advice. I like to think that this saved his life.

So, on this eve of the new year, even though most of us overseas are not too happy with what has become of the US, I think we should still be grateful with the first-rate education and the opportunities it provided. Because of what I saw happen to my brother, I never entered the military or got married, but I want to thank those who went to war so that others wouldn't have to, and I hope that your families appreciate you as much as I do my brother. Happy New Year!

Edited December 31, 2012 by parallaxtech

[koolbreez]

Seeing in a new light, don't give up hope that you can still help him. Find out exactly if he is receiving SSA, or SSDI. From the monitary situation you mentioned, He might be getting SSDI (Social Security Dissability Insurance), and not SSA (Social Security Assistance). There is a big difference.

To receive either he, or someone for him, had to apply, and in the application process both are applied for. One of the differences is that on SSDI he can live outside of the USA, he can't on SSA. Another thing are the re-education programs available, and paid for. On SSDI he has the resources available to return to college, and not affect his monthly payments. He could in effect start over.

He could also be taken under your guidance living in Thailand if he is on SSDI, and you choose to do so, or he could live here on his own...hehe.

If he is not on SSDI, then you can do everything to help him go through the long process of getting on it. He might not be able to get VA monthly benefits, being that to do so the dissability has to be positively linked to his time in the military, but he very likely qualifies for SSDI, if he does not already get it, and you can help, and give him the support he might need to go through the long appeal process if he is turned down. Two thirds are turned down initially, and of those that appeal, over half win their appeal.

Given your love for your brother, there still are ways you can possibly help him. Again good luck.

[ajarnpot]

Try being a vet in a different country, I know not every country has the same amount of concern for animals

[CecilEugene]

It sounds very much like he has never actually applied for any VA benefits. He may have talked to a VA rep on the phone and gotten certain advice which may or may not be valid. If he had physical or mental impairments directly related to his military service, this should have been documented in his military medical record during his service or shortly thereafter. Trying to make a claim now that his disabilities are related to his service 40 years ago is a long shot -- and the burden of proof is on him. Yes, the VA is backlogged but this is mostly due to Iraq/Afghanistan era vets. The VA does not get "millions" of applications each year. The U.S. total active service right now is about 1.5M personnel, and most with disabilities are adjudicated within a few years after discharge. They greatly taper off, and not too many Vietnam vets are seeking first-time benefits at this stage in their life.

This isn't meant to discourage him from trying. To the contrary, what I suggest is he stop talking about it, and actually apply for benefits. No one from VA will "sponsor him"; that is not their job. He might want to consult a lawyer or other advocate to help him collect evidence of the nature of a service-related disability. Truthfully, if he was able to amass a personal fortune of $7M after his military service, then it sounds like he was functioning just fine at one point in life. His psychological issues might have cropped up later, making it more difficult to claim that this is all due to military service.

Here is the deal from my experience. There are plenty of people that are successful and have some kind of mental condition that finally renders them disabled. I have started receiving VA disability compensation only recently. 35 years after my service. I have a friend who has started to get his comp benefits even more recently and he was a Vietnam veteran and he is getting it for PTSD. It is not a long shot. He needs to apply and create a paper trail of some kind connecting his current disability to his military service. It is not hard but he needs to put in a little work. If he is diagnosed as PTSD and is taking Medication and have treatment records for a disabling mental condition (which I am sure he has if he is getting SS disability) he is half way there. He needs to order his military medical records. If he has any thing in them particularly of a mental nature that would be the beginning of a claim. That would be the beginning of his paper trail. It is very important to have it documented from his service time. If he only has documented PTSD or mental symptoms that had started after service that can work too. If he is diagnosed as PTSD there is an assumption that it is Service related he just has to "prove" with documentation (a paper trail) that it has bothered him most of his time after service with various degrees of disability until he is totally disabled at the present time. Documentation is the key and just has to lean in his favor. Don't go crazy over this and think every single thing must be documented. (It is nice if everything is,though.) If he was treated for any mental condition and received medication and this is documented in his military service medical records he is in like Flinn. This is almost a 100% positive chance of his claim being approved since he is presently disabled for a mental condition. A professional advocacy group will look at his case and will take it on if they think they can win his claim. They will take out their fee from his back pay. If he is incapable of focusing and doing it himself let them do it for him. Go to the online forum for vets Hadit.com there are advertisements there and any answers to any questions you or he might have. He can also ask questions from vets that has been successful in winning their claim. Not all homeless veteran assistance program /houses/per diem programs are the same and some are abusive, highly regimented and demeaning. I would recommend the program called Operation Dignity in Oakland/ Alameda CA. My friend went to another one in Palo Altos CA. It was no picnic. Seven men to a room. I had my own room in OD and it really matters having a place to yourself. He had programs throughout the day. I had my days to myself. If you are a self starter and need freedom a program like OD in Oakland is the best. But even that was no picnic. The best thing about being in one of those programs is that officially you are considered by the VA as being homeless. Your paperwork has priority. From the time I applied and got my final decision was 10 months. The last thing is different states are different. His best chance is in a progressive state. Remember VA are full of people with their own social agenda. If a person believes in Small government and is resentful of anyone receiving any money from the government that person might view the same documents differently than a more liberal minded person. FYI. GOOD LUCK TO HIM AND THANK HIM FOR HIS SERVICE. He deserves every benefit that he has coming to him.

Edited January 2, 2013 by CecilEugene

[bushwacker]

"<However, in 1980 he had a net worth of $7M and then lost it all in seven divorces. He blames this on mental problems caused in Vietnam.>"

You play and you win = you are very happy.

You play and you loose = somebody else is to blame.

Sorry, worth $7M and lost it in 7 divorces sounds like either a lie or, a description of a very stupid man. I would think that you are just a little late in your attempt to help your brother like maybe 6 marriages late or $6M late.

I live in Thailand and support a wife and teenage daughter for an average monthly payout of $1,600. We live very well and are very happy. He is bitching about living as a single and making 44% more than me. Sorry, I have no sympathy for an x-multimillionaire crying the blues. He has a choice to live in his dingy shack in Florida where by the way many north Americans would kill to retire to, or he can live like a king in a place like Thailand and have money to save.

Do a goggle search on countries around the world that an american can live very well on a low budget and you will see that he has many options if he so chooses.

Happy New Year

[CecilEugene]

Lastly. Compensation is given for disabilities that are proven that had STARTED in military service or disabilities aggravated by military service. If your brother can prove he had an ailment that started while in service and that disables him in some capacity now he can be compensated for it. A disability can be rated 10-100% and monetarily awarded accordingly.

[parallaxtech]

CE: Thanks for the advice, which I will forward to my brother. He was in the hospital In Vietnam and then stateside for his battle wounds and then malaria. I worked in medicine my entire career and I never met a person who had been shot who didn't have PTSD. If someone has almost killed you then the stress is probably with you forever. Perhaps, he can use that as a starting base.

Of course it is all relative but going from a Malibu beach house to a park bench is a very big fall for anyone. I never rose that high or fell that far, but the loss of dignity must be tremendous. He is a long way from that luxurious lifestyle but at least he has a small house and enough money to support himself. He seems to have accepted his fate, but I think he deserves a bit more, so I will keep trying to help him.