Agent Orange Question

[MissusB]

Hey, all. I scanned through a little and didn't see anything that I am looking for.

My husband was stationed at Seneca Army Depot around 1975ish as a Special Weapons Guard. They sprayed Agent Orange as a defoliant around the base.

Does this qualify for the new recognition of Agent Orange related illnesses as service-connected disabilities?

I don't really know where to look. I read the article to my husband from the VA website, and he said that it should qualify, but he can't imagine the Army would admit that they used it.

Anywhere I can look? Or does anyone have information?

Thanks in advance.

:D

[MissusB]

... Cripps is on multiple medications and he's struggling to pay his medical bills. And now the VA is actually garnishing his Social Security checks.

why would the VA garnish his SS check? See, reading things like this make me not want to rock the boat.

[broncovet]

Missus B

Yes, it is certainly possible, or even likely that the new presumptives qualify your hubbie for more VA benefits. Of course, we dont know your hubbie's medical history, but the biggest benefit would be money, if he is awarded benefits. 60% for husband and wife is $1064 while 100% would mean a raise to you to $2823. (Yes, I know that 60% of $2823 is not $1064 but rather $1693. Its the VA "fuzzy math")

I would not walk, but run to either your local VA, or your VSO, and apply for an increase, after thoroughly looking over hubbies medical records. No, applying for or receiving VA disability compensation does not "hurt" your social security disability check.

You can supply evidence to support your claim later, but the earlier you apply (for an increase), the earlier your effective date will be, that is, you get a larger retroactive payment the earlier the effective date.

I dont recommend the "spagetti" method of applying for benefits...that is, to get a medical dictionary, send it in and tell them you want to apply for those. You do have to apply for a specific benefit, such as hearing loss becoming worse, tinnitus (ringing of the ears often associated with hearing loss), depression secondary to other SC medical conditions etc. If hubbie is diabetic, that could well be presumptive for AO. By going over your hubbies medical records, look for things which have become worse. You may need a new "hearing test" for example, to see if his hearing has worsened, as hearing loss typically gets worse by 2-5% per year.

To get to "IU" you would need some increased ratings, but if hubbie is not working, you should also apply for IU now. It is the policy of the VA to award IU to a Veteran if service connected disabilities prevent him from working.

If you dont already know this, you probably will have to fight for your benefits, probably over a long period of time, often 4 years or more, and sometimes going through multiple appeals. As the Captain says, "dont give up". I would add get help..there is experienced help here superior to that available with most VSO's.

[MissusB]

but bronco, go back to my post right before yours. Why would the VA garnish that other guy's SS check?

Things like that make me afraid to do anything, you know?

[john999]

If the VA is garnishing his SS check it is because he owes them money. When the VA tries to take money from you there are appeals you can make. He may have been overpaid, or he may have medical bills he is not paying. I get SSDI and TDIU and have for 8 years. There is no conflict. Just remember TDIU is for service connected issues only. SSDI is for any disability that keeps you from working.

[broncovet]

IDK why the VA would garnish the Social Security check, that is something only you/hubbie can look into. It could even be hackers, who have hacked the VA system for all I know. The VA is known for very poor IT systems with years and years of trouble, lost/stolen laptops with millions of Veterans information on it/ millions of dollars squandered on useless IT projects, etc.etc. For all I know it could be the STATE of Virginia which abbreviates "VA". It could be you owe copayments to medicare or to the VA, owe IRS taxes, etc.

But it is a "leap" of logic to assume that even if the VA, was, in fact garnishing your social security checks (and it was not a hacker or the state of Virginia), that somehow applying for more VA benefits would jeaprodize your social security.

I would like to comment there are several types of "social security." SSDI is disability insurance, not dependent on income. SSI, however, is a needs based program, that can be offset with other income, probably including, but not limited to VA compensation. If you are getting SSI, yes it could well be offset with VA benefits.

I recommend you go to your social security office, take your paperwork identifying this garnishment, and ask them what gives. I got a medicare enrollment in the mail recently. They informed me they will automatically deduct premiums for "part B" unless I send them paperwork declining coverage. (I cant beleive our government "automatically enrolls" us in insurance and we have to cancel it, or pay, but that is what the letter says)

It is probably the sign of things to come, and it will get much worse.

Then, I would go to your local VA hospital, probably in the "means test" department, again take your paperwork, and ask them what gives. Compare your answers with both agencies, and see if they make sense, and/or ask another hadit question to help you sort it out when you know more details.

Finally, if you have a good Veterans service officer, he may help you get to the bottom of it. My guess is that if you do nothing, the garnishments will continue. It could be something as simple as one hand does not know what the other hand is doing in the VA, and they are deducting copayments on prescriptions when they shouldnt be.

"ITS your money, so dont let the government, or others, wrongly take it away from you"

Edited January 5, 2010 by broncovet

[MissusB]

thanks, guys.

Broncovet, the VA isn't garnishing my husband's check. The quote came from the article that I read, based on info from jbasser. They are garnishing the check of the Veteran in the article. Just spooked me, is why I asked.