Research - Rehabilitation - Re-Employment

Sgt. Shaft 10/03/2005

Dear Sgt Shaft
I was awarded 100% S/C disability compensation in June of 1982. Recently it has come to my attention that I could possibly have been entitled to an award dating back to a particular date of filing. I first became disabled in 1974, and sometime thereafter I filed (rather a VA benefits officer) filed an initial claim for increased benefits (from 40% to 100%). In 1976 the Social Security Administration granted me full disability benefits based on my VA medical records. I never appeared before a Social Security. Doctor or board for these SS benefits. During the intervening years from 1974 to 1982 multiple filings were submitted in my behalf, asking the VA to increase my compensation. My question is, should I have been granted any RETRO-ACTIVE benefits for any period from 1974 to 1982. Did the people, (VA benefit officers, DAV, VFW, or American Legion reps) that filed for me on different occasions fail to obtain any retro active benefits for me. I served honorably for a period of 8.5 years reaching the rank of Sgt.E-5, which I held for 4 years until my discharge. ,.

My Sincere gratitude
Jerry G
Clarkesville, Tenn.

Dear Jerry,
There isn’t a yes or no answer to your question, but let me just mention a few of the rules of the game. When a veteran files an original or reopened claim, VA will render a formal decision. If the veteran does not agree with the VA ruling, he or she need only state in writing that they wish to appeal. If this is done within a year, there is a formal appellate process that kicks in. If a year elapses, however, without a disagreement by the veteran, the VA decision becomes final. It can then only be reopened by new evidence that is relevant to the claim (new and material is the terminology used by VA). If the veteran prevails with the disagreement, the effective date of award is the date the claim was reopened. The only way retroactive benefits can be approved to the date of the original claim is if there is clear and unmistakable error (CUE) found in the original decision. CUE involves a very high legal standard. It requires agreement that based on what the original decision maker had before him or she at the time of the decision, any reasonable person would have come to a different decision. No new evidence can be submitted in a CUE evaluation and consideration can not be given to failure on the VA’s part to have been more proactive in developing for additional evidence. The criteria is limited to what the decision maker had available at time at that time

Dear Sgt. Shaft,
 I am British, living with my American born wife in USA. I support the troops in Iraq. I find it disgraceful and have difficulty trying to understand how so called American citizens can be so unpatriotic and in fact on the side of the enemy by their behavior! I travel a lot and in many of the nations I go to Like Pakistan and Sri Lanka I seem to find people who tell me to thank America for the war on terrorism because it is bringing peace to their countries by isolating terrorists from their lines of support e.g. when the President froze the terrorist bank accounts. Keep pressing on for true freedom!

Syd D
USA

Dear Sgt Shaft
I'm retired from the United States navy after serving faithfully for twenty years. I've help defend that very freedom that so many non patriots want to take advantage of and disgrace the very symbol for which so many a brave American has died for. It's not freedom of speech when you burn the American flag it's an act of arson. Why is it that congress has not passed a law for all these years and when the bill appears on the floor for a vote it should be unanimous. It's high time that we the people protect our flag. I fly not one but flags in front of my home. I honestly don't know what I would do if I saw some idiot burning the flag.

GSM1(SW) George J.
United States Navy Retired
Brick, New Jersey

Dear George
When have you ever seen Sunday network talk show apparatchiks highlight this important issue, zilch none, nada. , simply over eighty percent of the American support the flag amendment and they do not. I say these special words to these prima donnas and their pompous producers

” It is the soldier, not the reporter who has given us freedom of the press. It is the soldier, not the poet who has given us freedom of speech.”

Dear Sgt Shaft
The free speech argument regarding flag burning is in the same category as dirty books. Neither has literary, social or political value. They are not social expression, they are incitement. And are intended as such. They have no real content, and therefore should not count as "speech."

Yaakov "Jim" W.

Shaft Notes
Kudos to the federal employees who, once again, will reach into their pockets and make generous contributions to the Combined Federal Campaign. As many of you know, the Sarge has a partiality for the Blinded American Veterans Foundation, CFC Number 11282 ("BAVF"). Information about the BAVF can be obtained by logging on to http://www.bavf.org. The Foundation is an all volunteer 501 C 3 organization

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-257-5446 or email sgtshaft@bavf.org.

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