Benefits

Question:

Will being a writer/screenwriter terminate my TDIU?

Jim's Reply:

You are allowed to work but your earnings must be less than the national poverty wage level. This applies to any sort of work you do that earns you a paycheck. The poverty wage is actually fairly generous when added to your TDIU benefit so if you are able to, return to work and see how it goes.
 

VA is watching your income by tracking your IRS and SSA accounts so you don't need to notify anyone, just return to work if you're able to and if you earn too much money, VA will be in touch with you. Good luck!

Question:

If I had a C & P exam for back pain and the C & P examiner does not use the goniometer to measure my range of motion at the exam, can I request a new  C & P exam with the VA.

Jim's Reply:

The use of a goniometer is generally required when the examiner is assessing the ability of a joint to flex as it should. However, you don't want to request a new exam until you see what the decision might be. We never jump ahead in the process.
 

If the decision is in your favor, you're done. If you are denied the benefit you believe that you should have been awarded, you may then appeal the decision and cite that a goniometer wasn't used, the examination was inadequate and thus any measurements aren't precise.
 

Good luck.

Question:

I had prostate cancer from agent orange. I also developed diabetes II and total erectile dysfunction (ED)  due to the cancer and treatments. I am up many times during the night and I get foot tingling. Regardless of this, they are deceasing my disability to 40%. Don't they take into consideration that my ED has never recovered and that I have other residual issues, or am I just automatically decreased to 40% because I do not wear diapers? What about the ED and my mental stress from all of this?

Jim's Reply:

The Schedule For Rating Disabilities is the set of regulations that tells raters what they're allowed to do. These rules and regs are derived from law that exists in Title 38. I urge you to take the time to explore each of those as they describe the process you're being subjected to.
 

While I agree with you, the regulations that the rater must follow doesn't. Once you have been successfully treated for service connected prostate cancer, you no longer have cancer so you can't be rated 100%. You will be rated for the residual effects of having had the cancer and treatments. The residual effects are usually leakage of urine requiring absorbent pads and erectile dysfunction.
 

Ratings are usually 20%, 40% or 60% depending on the number of pads you use in a day. Erectile dysfunction is rated separately and will earn you 10% if you claimed it along with the residuals you're experiencing. You must make the claim for ED or the VA won't automatically rate it.
 

Again, I agree with you about the post-procedure effects of having had a cancer and having to suffer treatments. However, as you read through the rating schedule you'll see that VA doesn't consider mental health issues as a part of the process and once again, you must make that claim formally.
 

I urge veterans to go ahead and do just that...file a claim for the mental health issues you suffer during service connected cancer treatments. You may need an IMO from a provider like http://www.veteranspsychevaluations.com/index.html but it is certainly possible to win such claims.

Good luck sir.

Question:

Sir, I was awarded a 10% disability for cancer in upon retiring in 2010. I am undergoing treatment for that same cancer now. I have undergone neck surgery and will be undergoing radioactive iodine treatment shortly. I put in a VA claim for upgrading my disability and received notice that the rating will be increased to 40%. My understanding was that a cancer diagnosis was awarded at 100% until the cancer is in remission? Any help would be great. Thank you.

Jim's Reply:

The VA has made an error it appears. You're correct, if you have an active service connected cancer you should be rated at 100%. 
 

You have no choice but to submit a formal appeal and tell VA that they made a mistake. Calling VA to talk about it won't help, the only way to correct this is for you to appeal by filing the papers.
 

Mistakes in ratings for service connected cancers are so frequently out of line with the regulations that it makes me wonder if many raters don't just throw a dart at at the schedule to pick a percent. In any case, get busy and file the appeal. Good luck.

Question:

Hello Jim and thank you for your service! I was recently awarded my 100% P & T, up from 90%, and am on social security. Do I have to inform social security regarding my disability increase? Thanks in advance for your help.

Jim's Reply:

If you are collecting your Social Security Retirement benefits, no...you do not have to notify the SSA. If you're collecting SSI, a means tested benefit, the increased money may put you over the limit for that benefit.

There are a lot of veterans out there who collect either SSDI or their SSA regular retirement benefit and a 100% VA disability benefit. There are some who see this as 'double-dipping' your federal government but any attempts to change the laws always fail.

Enjoy your benefits.

Question:

Good evening, Sir. Can you tell me where to find the VA regulation that talks about the timeframe to file a convalescence claim?

Jim's Reply:

Almost all of your questions about a temporary 100% rating while recovering from a service connected treatment or surgery can be found here https://www.benefits.va.gov/WARMS/bookc.asp#c 
 

As you browse through Book C you'll be able to see the specific condition you're thinking about and you'll be able to read of the §4.29 Ratings for service-connected disabilities requiring hospital treatment or observation as well as 4.30 - Convalescent Ratings
 

I hope this helps.

Question:

I want to apply for TDUI. I’m currently rated at 80%. Due to my conditions I haven’t had a job since 2014, and the only income I’ve had was from my husband. When filling out the forms and putting the last 5 years on employment do I start with 2014 and the preceding years; and do I only use my income or my husbands combined? If so do I need to have that employer from 2014 file out my income as I only worked at the location for 1 month, or can I place my W2 from that year as proof. Thank you.

Jim's Reply:

You are the veteran, the application is about you, not your husband even if he is also a vet. He (or you for that matter) could win the Lotto and it will have no effect on your TDIU application. Only your earned income is counted. If you have lived with your husband and he has contributed all the income to support the family, that is not earned income for you. Only gainful employment income is counted here.
 

The form tells you to "LIST ALL YOUR EMPLOYMENT INCLUDING SELF-EMPLOYMENT FOR THE LAST FIVE YEARS YOU WORKED". 
 

So, for the last 5 years that you worked. If the last year you were gainfully employed was 2014, count backwards and tell them about the preceding years.
 

You may use your W-2 to verify past employment. Many employers won't respond to VA requests for information (why would they?) so this isn't unusual. Don't be surprised if VA attempts to contact that employer over time and that results in delays. VA can be stubborn about attempting to collect irrelevant data and making the usual 3 attempts over a months long period while awaiting response.
 

Then if it comes, they lose it so...
 

Be sure to explain that you have been actively seeking employment but because of your service connected disabling conditions you have been denied employment. If you are able to provide any examples of how and when that's happened, you're ahead with convincing the rater you're looking for a job. For example; "During the months of July through November of last year I completed 8 job applications. Only 3 of those replied and they all seemed focused on my VA rated service connected conditions. I was not offered any accommodation, none have gotten back to me."
 

I've posted a really good read about TDIU and what to expect here: https://www.vawatchdog.org/tdiu-unemployability.html 
 

Good luck.

Question:

Jim,  I curious about 100% TDIU and what happens when I turn 70. Does it become P and T since this eliminates taxes in New Jersey.

Jim's Reply:

Your 70th birthday won't make your TDIU permanent if it isn't already. To be honest, it's unusual for a 70 year old to have had a temporary rating for any length of time but it happens. Mental health ratings are particularly difficult to transition from a temporary to a permanent status.
 

I understand how much this could mean to you in terms of saving some tax money so I think you should be sure that you aren't already permanently rated. All too often I hear from a veteran who thinks he's held a temporary rating for years only to learn that it was permanent. Go into your eBenefits account and explore to see if you can make changes to your benefits letter that would show your permanent 100% rating.
 

Otherwise, wait until your next scheduled C & P exam and ask the examiner to recommend a permanent rating. Good luck!

Question:

Will the Service Members being discharged for refusing to receive the Covid19 vaccine receive their discharges under honorable conditions...thereby allowing them to file for any disability compensation due them?

Jim's Reply:

That's a great question. Thanks!
 

There is an awful lot of chatter and debate today over what's fair and reasonable when dealing with active military anti-vaxxers and as you might guess, a lot of the talk is heated. I'm not sure we can have a debate over anything these days without a shouting match happening? This isn't any different than other COVID related topics, everyone has a strong and often uninformed position.
 

Many have immediately broken out the pitchforks and torches and demand blood and others think that an active duty military member should have a stronger choice and a recognized voice in their own health care.
 

What I think DoD is settling on for now is the General Discharge Under Honorable Conditions. It's an interesting process as this is more in the range of punishment for a misdemeanor offense (I've seen 'misconduct' as the military charge for anti-vax) and it doesn't rise to the level of a court martial. I'm not well versed in this but I believe that this is Article 15 territory, almost like a traffic ticket for speeding. I suffered an Article 15 myself for being AWOL and I was punished with the loss of a day's pay. (I blame the 3.2 beer that made me late to return from my first off base weekend pass.) In any case, it never interfered with my career plans.
 

If that's the class of discharge these folks receive they'll be eligible for VA benefits including everything but educational benefits under the Montgomery or Post-9/11 GI Bill. So yes, they will have disability compensation available to them.
 

These are interesting times we live in. I'm old school and grew up in a time when we didn't question orders unless it was under our breath to ourselves. The reasoning behind that when we think of vaccinations and our overall health is the concept of 'force readiness'. When we're active duty most of us are at the peak of our health in our lifetimes. We are forced to have dental checkups (and any recommended procedures) and eye exams and the dread vaccinations as we enter the military and deploy to places where we may fall ill from strange diseases.
 

Our military spends an incredible amount of money and time to keep us healthy so that at a moment's notice we can drop whatever it is we're doing and in a matter of hours we can be in some God-forsaken combat zone anywhere on the planet.
 

If we're allowed to pick and choose what level of care we think we need, what's next? I see the potential for the continuing degradation of America's fighting forces into chaos if that were allowed and so it seems that it won't be. Anyone entering the military in the future will understand vaccines are a requirement, not an option.
 

I think those choosing this path will find them a lot more trouble in their new civilian world than they anticipate. When we look at their next step, civilian employment as veterans, we have to look at that from a potential employer's eyes and I don't see this as an asset on their resume. Employers want to see a fully honorable discharge and no criminal history on your record.
 

Civilian employers, just like the military, want compliant workers who will support stated organizational goals. Hmm, sound familiar? These new veterans are entering a competitive civilian workforce wearing a brightly colored badge that says they have an attitude and that they aren't going to follow company policy if they disagree with any part of it. That future employer wants an employee who will follow company guidelines and most employers today are concluding that fully vaxxed employees are preferred. Their 'veterans preference' in government jobs is going to take a big hit because all government employers are requiring full vaccination status.
 

Is punishment of a General Discharge Under Honorable Conditions the right thing to do or should offenders be in handcuffs? Should they get fully honorable benefits if they've served (x) time active? If they have a Purple Heart or CIB? I wish I knew the right answers. I think these are the questions only historical researchers can address and that retrospective look won't come for another 100 years or so. 
 

I'll let you know the final answer then.

Question:

Hi Jim, we are here in Ireland. My brother in-law says he was in the Vietnam war. He was 65 last September and he lives in Ireland but travels to San Francisco for health care, which he says is all free. Is this right? He had major heart surgery in the VA hospital there. Now he says he is travelling over to SF as the VA are giving him 6 months worth of free injections to treat high cholesterol and that they are paying for a free stay at the hotel associated with the hospital. My in-laws are elderly and I just want to be sure he is not running a scam, as they are very generous to him? Hope you can help with this or send a link to where I might find out if these facts are true. Thank you.

Jim's Reply:

I'd offer for your consideration that none of what he receives as veterans benefits is free. He paid for all this in advance over 50 years ago by his dedicated military service to our country in a time we were at war.
 

We serve in the military for a few reasons...patriotism, the glory of wearing the uniform, the experience of learning how to lead others and deal with real problems at a very young age, and the benefits
 

The generous benefits.
 

OK, a lot of us serve mostly for those generous benefits. But we pay for them up front with our dedicated service. There is no free.
 

There are variations on all this depending on the era we served, what we did while on active duty and whether we were in combat and injured or fell ill but overall, the lifelong benefits are outstanding. With our honorable discharge comes education stipends, help with purchasing a new home, free or steeply discounted health care and medicines, and long term tax free cash disability benefits for any permanently disabling conditions we may have from the rigors of military service or combat with a declared enemy.
 

If your BIL says he served in Vietnam and he has heart trouble, that's a common story.
 

Ischemic Heart Disease (IHD), otherwise called coronary artery disease, is linked to the exposure of the Vietnam veteran to the chemical defoliant Agent Orange. IHD is a service connected condition and is often rated as 100% disabling and compensated accordingly. IHD caused by agent orange is one reason for heart surgery like a coronary bypass.
 

The VA has a robust Foreign Medical Program that will provide him with much of his health care while abroad. If such necessary care isn't easily accessible by our usual American standards, he will be taken to where the care is...on the VA dime.
 

To conclude I'd say that his story isn't only legitimate, it's fairly common and I hear many similar stories. American military veterans live around the world for as many reasons as there are places and the Department of Veterans Affairs and the State Department wherever they are is often an important lifeline. If he has a service connected disability rating for heart disease due to exposure to agent orange, VA is obligated to take care of him no matter where he is.
 

Not only would I say he's not running a scam, he's an American hero...a service connected disabled veteran warrior of the Vietnam conflict.
 

Thank you for sharing your concerns to protect those elderly in-laws. Scams are so common in our Internet connected world that I wish everyone would ask those great questions to protect the elders who may need it.
 

Well done on you!
 

Give him a salute from me, please.