Benefits

Question:

My husband is 70% disable with back and sciatic nerve injury. He has caregiver services that just started. He is 82 years old and was advised to file for TDIU. What does this entail and what are his chances at his age? Will his age disqualify him? Thanks

Jim's Reply:

If and when he were to file for TDIU he would be subjected to the usual C & P exams and so on. Otherwise, it's very much like filing for any other benefit in that there are forms to complete, etc.
 

While his age won't automatically exclude him from the TDIU benefit, I'll assume that he has been out of the workforce for quite some time and that may be a problem. 
 

If I were him I'd proceed to file for the benefit and I'd tell VA that even at his age he wants to work but that his service connected disability keeps him away from employment.
 

Good luck.

Question:

I was given 100% schedular P & T and at the same time, TDIU. It's really odd as it shows up on my eBenefits as 100% schedular as well as TDIU. Do I have to claim an increase so that the TDIU shows up as moot? It's very weird that nobody seems to know.

Jim's Reply:

No, you don't need to do anything. It's just a typo in eBenefits, the place where your VA likes to post misinformation. Our eBenefits accounts are often chock-full of errors and those errors have no practical effect on our benefits. 
 

If you are being paid and have the benefits of a veteran with a 100% rating, you're done.
 

There is no reason to try and correct what you see since it won't have any effect on you or your benefits. In fact, if you wait long enough and one day return and look, that error will likely have been replaced by another.
 

Good luck sir.

Question:

I am a Vietnam era vet. Was never in country or waters. Will my spouse be eligible for surviving spouse benefits upon my death? I've been fighting cancer for 4 years and the clock ticking.

Jim's Reply:

I'm sorry to hear that diagnosis but pleased that you're thinking about your end of life benefits and making plans. You'd be amazed how many surviving spouses I hear from who knew that he was a veteran but had no clue of what he'd done, his benefits or anything else. 
 

I'm like you, I like to make plans...my wife knows exactly what to do when she finds me floating around in the tank, we've got the DIC paperwork ready to go. 
 

I'll refer you to 2 sites from VA that will help, below. But while you're at it, if you plan to be interred at a National Cemetery, talk with the crew that runs the place. I've found that VA National Cemetery directors are as informed and connected as anyone else in VA and they're often able to help make the whole process easier.
 

Have a look:

https://www.va.gov/family-member-benefits/

https://www.va.gov/burials-memorials/veterans-burial-allowance/
 

Good luck sir.

Question:

I am currently 100% TDUI and currently working as I have completed my Voc Rehab from the VA. My question is what is going to happen when the VA finds out that I am working full time and making over the poverty limits? I have not worked for more than a year, but I have made more than the poverty limits. Will I have to pay back a difference from my previous disability rating, and when does that have to be paid? And what would I need from my employer to show sheltered employment?

Jim's Reply:

VA tracks our income via the SSA and IRS. When it's apparent that you are making too much money you'll receive a VA form 21-4140 and that will give you the chance to explain the circumstances that led you to gainful employment. If it appears that you no longer need the TDIU benefit your rating will fall to the underlying rating you had before.
 

No, there isn't any payback required.
 

For the purpose of VA disability applications, sheltered employment means that your employer knows about your service-connected disability and makes accommodations that allow you to continue working. 
 

Good luck sir.

Question:

I am currently getting 30% for ischemic heart disease. I had a heart cath at a VA clinic 3 weeks ago. They said I had two blocks at 100% and one at 80%. They are not prepared to do anything else. Going to a cardiac surgeon today to get scheduled for triple bypass surgery. What can I expect from the VA?

Jim's Reply:

Once you have your coronary artery bypass grafts (CABGs) done your rating will increase to a temporary 100% for a few months as you recuperate. You'll soon be scheduled for a C & P exam and at that time the examiner will review your records to determine your functional status...how well your heart is working after the surgery.
 

VA doesn't rate us by the number of caths, stents, procedures or bypass grafts, we're rated by how well our heart is functioning at the time of our C & P exam.
 

VA generally uses cardiac METS or metabolic equivalents as the way of determining how well your heart is functioning. If after all the caths and surgery your heart is functioning much like it is today, your permanent rating may not change.
 

Good luck sir.

Question:

If I'm rated at 90% and then am awarded unemployability do I qualify for DEERS?

Jim's Reply:

If your TDIU award is permanent you and your dependents will be eligible for a DEERS card and all the associated privileges.

Question:

Jim, I'm a Vietnam vet, I filed for disability compensation for prostate cancer in March 2021. My prostate was removed 7 months prior in Aug 2020. I have an appointment for the C&P exam on Wednesday of next week. My question is this: Since the VA is just getting around to getting me an appointment because of their backlog ( and I live in Germany) will they give me any kind of back disability compensation pay for this or any of the other illnesses that I'm claiming such as, ED, glaucoma, increase in hearing loss, flat feet, and high blood pressure? The hearing loss is the only thing that can connect directly with my medical records while I was in the army. The other issues occurred after my 30 years of service. Thank you in advance.

Jim's Reply:

When we file a claim for a service connected disability we trigger what is called the effective date. That is the date that your claim will award your benefits to if you are successful with your claim. If your claim were to be denied and you appealed within the next year, the effective date would remain as is. If you don't appeal in that first year the claim is permanently closed and the original effective date is lost.
 

The effective date of a claim isn't when the disabling condition began but rather when you file the claim. Your VA rarely infers a claim...if you don't formally file a claim for a specific disabling condition, VA won't often do it for you.
 

Your claim for prostate cancer shouldn't be an issue as prostate cancer is associated with exposure to agent orange and presumptive to the Vietnam veteran who served with boots on the ground in the RVN. However, you missed the 100% temporary rating that you'd have had if you had filed at the point of treatment. That's usually awarded upon treatment for recuperation, 6 months or so, if you've filed a claim and then it's reduced to a lower rating to reflect any lasting conditions.
 

ED is common after prostate cancer treatment and that will award you 10%, the max...if you claimed it as secondary to the prostate cancer. Hearing loss and tinnitus are common in the Vietnam veteran with a CIB. All too often VA doesn't get it right the first time and an appeal is always worth your trouble.
 

Most claims that you make are yours to prove that the service connection exists. The Vietnam era veteran who claims arthritis as a product of basic training has a steep uphill climb to prove that. The Vietnam veteran who has an agent orange associated disease still has to go through the drill but the benefits are more assured.
 

Good luck sir.

Question:

Hi Jim, my father just passed away. He was provided with 100 percent service connected disability late in life and died last week with a spouse he married more than 15 years after his Vietnam service. We are trying to assess which benefits she might be entitled to. With his SSI she will be over the threshold for needs based veteran’s spousal benefits but we aren’t sure about DIC and Aid and Attendance/ home health care should she need that at some point.

Jim's Reply:

My condolences. I'm sorry to hear of the loss of your veteran father.
 

The first step is to apply for burial/funeral benefits if she hasn't done so already. Many or even most funeral directors can help you with that.
 

I'm concerned when you say that he was rated as 100% late in life. To be eligible for the DIC benefit he must have either passed from a service connected condition or he must have been rated at 100% for 10 or more consecutive years. 
 

I'm a bit surprised to hear you mention SSI as that's a means tested benefit and the VA 100% disability rating often means the veteran has too much income to qualify for SSI.
 

I can't speak to such things as the A & A benefit since I don't know more about his ratings at his passing and of course I don't know about her health.
 

The first hurdle is to establish eligibility for burial and then DIC benefits and that will bring CHAMPVA and once all that is wrapped up, then is the time to make future plans.
 

Good luck!

Question:

My late husband died from multiple myeloma in 2016. He was a mechanic stationed in Okinawa when he was in the Air Force and did temporary duty in Vietnam. I’m being told they have no records of him being in Vietnam. What can I do? 
 

Jim's Reply:

You share a problem with many others. During the Vietnam war many were stationed in Okinawa and they traveled back and forth to Vietnam for any number of reasons and missions. The orders that got them there and back were called TDY and that stands for Temporary Duty Travel.
 

The problem is that a TDY order in the record doesn't mean the veteran actually completed the travel, only that he was authorized to travel on that particular order. Without further evidence of the veteran having set boots on the ground in the country of Vietnam, they will deny an agent orange claim every time.
 

You will need to speak with an accredited veterans law attorney who can help you to sort this out. Please have a look at these links and then get busy and start calling and emailing these groups.
 

When you make contact with an attorney you like be sure to show that person this email and they'll have a better understanding of the problem.
 

https://www.vetsprobono.org/

https://www.nvlsp.org/

https://www.vetadvocates.org/cpages/home 
 

Good luck.

Question:

I live in Jensen Beach, Florida, my primary doctor is in a clinic in Stuart, Florida and anytime I need specialty work done I am sent to West Palm Beach, Florida. My cardiologist in West Palm Beach says I need an Aorta valve replaced and ordered me to the VA hospital in Miami, Florida. It's 210 miles round trip and I have already made two trips there and will be making many more because the surgery will be done in early September. I have only 10% disability. Since I was ordered to go shouldn't I be paid the mileage?

Jim's Reply:

You share a problem with all of us...our specialty care requires a lot of travel. This isn't only a VA issue since the beginning of the pandemic. Because of staffing issues many civilian hospitals are deferring major procedures like hip and knee replacements, heart and brain surgery and other complex procedures to better prepared facilities.
 

Yes...you should be paid travel pay. These days we file for that on-line here.
 

Good luck sir.