Benefits

Question:

Vietnam vet diagnosed with prostate cancer. Will have my compensation exam next week. I have been approaching cancer with active surveillance since my original diagnosis in 2014. Further diagnosis in March 2022 shows a negligible increase. If I decide to continue with active surveillance instead of a type of "treatment" will the VA still pay compensation?

Jim's Reply:

Yes. You will be rated at 100% as a temporary rating until you are treated.
 

You were diagnosed in 2014 and you're just now filing? You've lost tens of thousands of tax free dollars at that 100% rate. Good luck!

Question:

I am being compensated by the VA for ischemic heart disease. I have now been diagnosed with carotid artery stenosis. Will the VA recognize the the stenosis as "secondary" to ischemic heart disease? Thank you.

Jim's Reply:

No, VA will not recognize the carotid artery disease as secondary to the IHD. In order to have the carotid disease named as an agent orange disease will require a nexus letter from a disability physician. Good luck sir.

Question:

If the student / dependent lives at home using the Chapter 35 benefits do I have to remove them from the disability claim?

Jim's Reply:

As a general rule, yes...the dependent who collects C35-DEA benefits will be removed from your benefits for pay purposes. Be sure to document that you've notified VA so that you don't continue to receive overpayments. That happens all too often and VA always wants the money back.

Question:

Hi Jim, thank you for continued service. I was a Vietnam combat veteran. I have VA benefits. Is my wife of 50 years eligible for Tricare?

Jim's Reply:

Probably not. If you don't have Tricare, she won't either. Eligibility for Tricare is explained at https://www.tricare.mil/ 

Question:

My medicare doctor says I have cancer in my lymph system. Will VA help or can I change to VA Health?

Jim's Reply:

If you are a Vietnam veteran and you've developed a cancer of the lymph system you are likely eligible for disability benefits as well as health care. If you are not a Vietnam veteran you may be eligible for health care. The simplest way to learn if you're eligible is to go to the VA clinic or other health facility closest to you. There you'll find an eligibility representative who can walk through all the necessary steps with you. Good luck.

Question:

I'm receiving 10% disability for dysfunctional uterine bleeding, and was recently diagnosed with diabetes. I found a link between the two doing research, and was wondering could I add that to my VA claim?

Jim's Reply:

You can try to connect the two but if the science you're relying on isn't commonly accepted, you'll need to do more than submit an article or two. You'll have to find an expert who agrees with you in the form of an IMO. More on that is here https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html  Good luck.

Question:

Jim, I have a gleason score of 6 for prostate cancer and have had 100% veterans disability. I just had a blood test that showed a normal PSA. I am doing watchful waiting. Can the normal PSA prevent me from getting my VA disability? I know I still have prostate cancer but am concerned that the recent normal PSA test will seem odd. Will the VA look to use that test as a reason not to have me rated at 100% for prostate cancer? Should I be concerned about my 100 percent disability? 

Jim's Reply:

Prostate cancer doesn't simply disappear overnight. With your history I think it's safe to assume that the PSA was in error...that happens in all medical testing sometimes. 
 

You won't lose your benefits because of this PSA. If I were you I'd speak with my primary caregiver and ask for another test to be done and explain your concerns. Good luck sir.

Question:

When a soldier considered a Vietnam Era Vet, is it correct in putting "Vietnam Veteran" on the grave marker? Or is it disrespectful to the "Vietnam Veteran" who actually fought?

Jim's Reply:

I personally draw a bright line between those who served in direct combat or in the combat zone as opposed to those like myself who never got close. I'm Vietnam era, it was only by the luck of the draw that I went to Germany, I was headed to Vietnam when my orders changed to Germany. I did what we all did, I went where I was told to go. For what it's worth I don't have any 'survivor's guilt' either. Part of doing a good job as a soldier is to go where you're told when you're told to go and to do an exemplary job of it when you arrive. 
 

I understand the difference and I have a deep respect for anyone who has served in a region where others are actively trying to kill him/her 24x7. Nobody fired a shot at me at my hospital in Germany. A drunk guy threw a beer bottle at me one evening at the local gasthaus but he missed. My service was different than my brothers and sisters who went to Vietnam.
 

Others like to embellish what they've done and act like they were tough guys back in the day so any association with Vietnam gives them some sort of legitimacy in their mind. I don't pay that much attention other than it's embarrassing. I've had the honor of meeting real heroes...WWII POWs and such. My father was a USMC gunny who earned his first Purple Heart landing on Iwo Jima....then came Korea.
 

The wannabes don't get on my radar often.
 

How your VA National Cemetery Services sees it is here. Thanks for your interesting question.

Question:

Hello Jim. I filed a claim 6 years ago for lung granulomas and severe obstructive air flow from the lungs due to asbestos. I use inhalers and have shortness of breath. The VA conceded asbestos exposure during yard periods on my old ship and on my last decision, but came back saying they couldn’t fully grant my claim. They are now sending it back to the BVA in D.C. Does this sound like I’m getting any closer to getting the granted decision I feel I’m due? Thank you for your time.

Jim's Reply:

I wish I had the power to tell you that you're getting closer to prevailing in your claim. Unfortunately, my crystal ball is out for repair. What I can tell you is that if you don't have a veterans law attorney representing you, your chances of winning are less than if you had professional representation.
 

It's proven year after year that attorney representation is the edge when it comes to your BVA appeal. Good luck!

Question:

It's been a very long time since I was in the army in Stuttgart Germany. I was in during the Vietnam era. I was only 18. I suffered a very traumatic tour in Germany and was discharged early. I didn't get in any trouble, but was subjected to many unchecked tragic moments. I was not given council nor advised what was happening to me. I did not want to be short changed in my service credit or classification and was promised, or at the very lease told, I would be receiving a regular honorable discharge. I just shut down and never spoke to anyone about my disagreements with my separation. I was never explained why or what was being said and how it was done. I know it's way too long for anyone to care but I will say that if my case had been explained to me, I wouldn't have agreed to anything less than a full discharge. I never had or caused any problems. What happened was done to me!!!!!!! My dad was an honorably discharged WW2 veteran and my brother was an Air Force vet. I can't even use facilities and don't have a military ID. I did serve well over there. Stuff just happened.

Jim's Reply:

I was there at the 98th General Hospital Neubrucke/Nahe, close enough to Stuttgart and probably at the same time you were. It sounds as if you had some issues adapting to the military life and you were offered and accepted a less than honorable discharge. 
 

If you'd like some help getting that discharge upgraded, these are the folks to talk with https://www.vetsprobono.org/   
 

Get in touch with them and they'll review what you've got and they'll take it from there.

Good luck!