Benefits

Question:

Hi Jim, I am a veteran on TDIU: 70% PTSD rating with 0% rating for headaches. I want to go back for a  C & P exam to raise my rating to 90% scheduler. What are the chances of losing TDIU and being stuck with 90% instead of the 100% TDIU? Should I try for an increase in my PTSD rating to avoid losing TDIU?

Jim's Reply:

OK...why would you do that? What could the goal of such a strategy be? What you're proposing is to poke the sleeping dog and hope he doesn't bite you with an end result of...nothing. Even if you raised your base rating to 90% your 100% TDIU rating wouldn't change...nothing at all would change.
 

Well, the TDIU rating would probably change...I'd predict you'd lose that and return to the 70% base you have now.
 

You have a 100% rating today whether it is temporary or permanent. I'd advise you hang on to that and not bother VA about any rating changes. Good luck.

Question:

I am currently received V.A. disability for prostate cancer from agent orange. I have completed my radiation treatments and will see my Oncologist again in 6 months. How does the V.A. monitor the status of my cancer? Am I to report changes to them or will they contact me for updates. Thanks, Tim

Jim's Reply:

You will be scheduled for a "future exam" by VA about 6 months or so after your treatment has ended. VA has your folder on an estimated future schedule so you do not need to notify them of anything. If they have any questions, they'll ask you.
 

Once your treatments have ended and an appropriate time passes, the VA will want to look at your PSA and maybe a bit of other info. If the PSA has become normal, your 100% rating will convert to something less since you no longer have a cancer. 
 

You'll be rated on the residual effects of having the disease treated. Those are usually incontinence and ED. The ratings are usually 20%, 40% or 60% and directly correspond to how many absorbent pads you use each day for the leakage. Don't forget to file for erectile dysfunction as that will be rated separately.
 

Don't miss the exam. It may just be a phone call to confirm medical record findings so not an inconvenience at all. Good luck!

Question:

Can a C & P doctor diagnose you with Ischemic heart disease?

Jim's Reply:

Well, sure. The C & P doctor is usually a health care professional and to be honest, diagnosing heart disease isn't all that hard in many cases. Your EKG can show subtle changes that indicate a past heart attack and similar problems that lead to a diagnosis of IHD. The seemingly quick and easy EKG is a powerful diagnostic tool.
 

The question becomes will a C & P doctor make such a diagnosis and that's not a sure thing. The C & P examiner isn't going to make any extemporaneous diagnoses but will only answer the questions instructed by the rater who set up the exam. They're pretty rigid about these rules. If the exam is scheduled for your right arm and your left arm is on fire during the exam, the examiner will ignore that and focus on the right arm.
 

It's more likely the C & P examiner will confirm the diagnosis of IHD made by others during your care as it's reflected in your records. Good luck!

Question:

I submitted a claim for hearing loss late in 2020. The VA scheduled me for a C & P exam with an independent audiologist in January of 2021. I requested his report from the VA. After after 4 FOIA's and the help from my senator, I got his report. I scheduled an exam with a private ENT (former VA doctor and ENT). He conducted an exam in May of 2021. I informed him I needed an IMO from him and he provided me with one. I submitted another supporting claim with this information. Now, the VA has scheduled me for another C & P exam, potentially with the same ENT doctor I met with in January for my first C & P exam. What are my options? I've prepared a list of questions for the same ENT specialist.

Jim's Reply:

While I get how frustrating all this is, your only option is to cooperate with VA by showing up to any exams they schedule for you and then following the instructions you're offered. 
 

What's happening to you isn't particularly unusual and you'll have to break out an extra ration of patience as you go forward. I won't make excuses for VA but the fact is that the pandemic has their work running further behind than ever and the work product isn't up to the usual low standard. 
 

Once you fussed about the original C & P exam VA went into defensive mode and this is what happens. Your new IMO now must be seen by a VA examiner so that comments from all sides can be made for the record.
 

If you'll cooperate, let the new examiner (or if the same examiner, be polite, etc.) know about the IMO and so on, I would imagine it won't be much longer before you see your new decision in your favor. Good luck sir.

Question:

I was stationed off the coast of Vietnam in from 1973 to 1975 on an aircraft carrier. Do I qualify for VA health care?

Jim's Reply:

You may or you may not be eligible for care. The rules have changed often over the years. I served not too long before you and I registered for and used VA care not too long after discharge. I also qualified for a 10% disability rating and each of those has kept me eligible to this day.
 

Vietnam era veterans were generally allowed VA care back in the day. As the forever wars came upon us and continued raging on producing newly disabled vets, the VA had limited resources and decided that if you weren't already registered, rated with a disabling condition or otherwise a relatively recent vet, you probably weren't eligible for VA care.
 

It gets complex from there. I advise that anyone who may want to use VA care today and who isn't already eligible go ahead and apply https://www.va.gov/Vaforms/medical/pdf/10-10EZ-fillable.pdf  It doesn't take long and it's the only starting point for you.
 

You're also allowed to wander in to your local VA health care facility and ask to apply for care. That's barring any pandemic restrictions, of course. If you aren't immediately eligible, keep trying. VA benefits aren't always within easy reach but they're usually worth a little extra effort. Good luck!

Question:

Jim: Happy New Years!!! My questions are in reference to Dependents Educational Assistance (DEA) chapter 35 program. After several calls to the VA's 1-800 number and having numerous conversations with different VA personnel providing different answers/information about the DEA chapter 35 program, I'm more confused then ever. I have several questions.

• Within the next three years, I will have three kids heading to college and wanted to confirm that each of them will be eligible for the program?
   
• In addition, my spouse will be returning to college. Will she be eligible for the program at the same time as my kids are in college?
   
• Last question, do I need to remove my dependents from the VA awards letter?
  I've received mixed messaging from the 1-800 VA personnel (some say yes/some say no) about this question. Some have explained if any dependent (child and/or spouse) go to college using the DEA program; the Veteran must remove those dependents from their award letter because the Veteran cannot received both the dependent pay (over 18), and the dependent (kids and/or spouse) cannot receive the DEA program monthly stipend. The VA considers that action as double dipping requiring the Veteran to refund the VA. Of course, it makes no-sense as most things with the VA; creating confusion instead of clarity.

I was hoping you could shine some light on these matter. Thank you!!!

Jim's Reply:

I'd have to guess that if you continued asking VA those questions you'd continue to get confused answers since nobody anywhere has a clue what's up with education programs at VA.
 

Your spouse has about 10 years after you receive the benefit to use her piece of it. After that she would have to apply and petition VA for additional time. All your kids are eligible, no problems.
 

The allowance thing is important to VA. You're receiving a dependents allowance while they're at home. Once they're in college and no longer at home, they're going to use the C35-DEA and that replaces your dependents allowance and more so yes, that would be double dipping. If you don't cancel the dependents allowance VA will want it back as soon as they discover the mistake.
 

For the future...stay away from the toll free number. They aren't "VA representatives" full of knowledge and good cheer, the people you talk with are in a call center with a goal of getting you off the phone in less than 2 minutes. The VA toll free number is the cause of the vast amount of misinformation that circulates about veterans benefits. I did a challenge a few years back where we called the 800 number every day for a week and asked the same simple question. We got varied responses each time.
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One of the best ways to get accurate info about DEA is to talk with financial counselors at the chosen colleges. They're usually up to date since they deal with it every day. Good luck.

Question:

I am an 82 year old vet and 70% rating. I have been drawing VA disability for about 4 years. I didn't know I was eligible or I would have started sooner. I would like to know if I am eligible for Unemployability disability at my age. Please let me know asap. Many thanks.

Jim's Reply:

TDIU was developed to increase the rating of a disabled vet who is rated less than 100% to the 100% P & T level if they are unable to seek and hold gainful employment due to service connected conditions.
 

TDIU is not a retirement benefit and if you aren't actively seeking employment and being denied due to your service connected disabilities, you may not be eligible. You can read more about TDIU here https://www.vawatchdog.org/tdiu-unemployability.html
 

At age 82 I have to assume you probably won't be able to show you're being denied employment due to your disabling conditions.
 

If I'm wrong, file for TDIU. Good luck sir.