Benefits

Question:

I have prostate cancer. I have a Gleason score of 6. I am a Vietnam veteran. I had C & P exam, but am not sure why. I told the examiner about my erectile dysfunction (ED) and he wanted to know if it was from my enlarged prostate, medicine that I'm taking for enlargement, or prostate cancer. I'm on active surveillance with no treatment as of yet. What do I need to get compensation for ED? It seem all three are related. Thanks.

Jim's Reply:

Did you file a claim for ED? It sounds as if you told the examiner you had ED but you may not have actually written it down in your claim?

If you were denied a rating for ED after you filed for it, you will have to initiate an appeal of that denial. If you haven't yet actually done the paperwork where ED is a part of the claim, that's your next step.

You're correct that all 3 of your conditions are related. The question the examiner asked you wasn't fair though...not really a trick question but I don't think it was a correct way of asking you.

If asked that or a similar question again, your answer should be, "Yes, those are all related but I did not experience any symptoms of ED until after the diagnosis of cancer. I was fine with the BPH and the medicine."

The objective is to prove that one month you were well and happy, the next month...after the cancer diagnosis...not so much.

Timing, as they say, is everything. Good luck sir.

Question:

Hi Jim, I'm a proud Vietnam vet and getting up there. I was wondering if I could set up burial issues now so my wife wouldn't have to deal with very much? Any help would be appreciated. Thank you.

Jim's Reply:

I've long recommended that when veterans like us begin planning our end of life one of the best things we can do is to choose a funeral director today. Look around in your region and think of the cemetery where you'd like to rest and then think of who seems reputable in the funeral director line and make an appointment. Choose your funeral director like you'd choose your primary care doctor. Ask around, get references or just charge right in and interview a few.
 

Almost every funeral director I've met knows the ins and outs of how to get this done with your VA. They do a lot of trade with VA and they have the emails and phone numbers to talk to the right people.

Interview more than one funeral home and don't make any payments...yet. Depending on many variables you can be buried for almost nothing or you can spend a lot of money over and above what VA will pay for. Think about your budget way ahead of time...do you want simplicity ($$) or pomp and circumstance ($$$$$$)? 

A good funeral director will set you up within your budget and consider all that VA can contribute to the event.

Another thing you want to do is to find your regional National Cemetery. Once you learn what is reasonably within distance of you, go visit and meet the cemetery director. Our national cemeteries are a source of pride and respect for us and many choose the perpetual care and respect we receive there. Your spouse may also be buried there with you, either after you pass or before, should that happen.

Planning ahead is smart and saves your survivors a lot of angst. Don't forget to think of how to apply for DIC, get insurance and homeowner documents all together and so on. A will is a priority too.

Good luck sir.

Question:

I have two service connected ratings that I want to file for rating increases. Can I file both at the same time, or should I file them separately?

Jim's Reply:

You may file for both at the same time. Good luck.

Question:

Hi Jim, I came across this website and had a question for you. I got out of the Marine Corps in 2019. I got rated 100% P&T from the VA. I have had a hard time since being out. Multiple family members passed away and people I was in with have committed suicide. A couple of years ago, I ended up getting a DUI and that has made my life a lot harder. It's hard to find a decent job or find anything to do. I have been thinking about going back into the military because I think I'll be a lot happier there. I really had no reason for getting out to begin with other than ortho problems with my knees and back, but I could still deal with it I think. I'm having my knee redone again this year. After that surgery, I think I will be good to go. My question is, with the 100% rating and a DUI a couple years ago, could I get back into the military? Thank you in advance for the info. I hope to hear back soon.

Jim's Reply:

While I understand your reasoning to want to return to a more stable environment, you have to know that your physical challenges are going to be the biggest barrier to you returning to military life.
 

There are plenty of circumstances that allow us to reenter the military even when we have VA disability ratings. However, when we do that the disability rating disappear and we're expected to be ready and able to meet the demands of our MOS.
 

In other words, I'm not as concerned about the DUI as I am whether or not you'll be able to be physically able to serve as active duty again.
 

If you're convinced that this is the path you want to follow, go talk with a recruiter. Don't limit yourself to just the USMC either...a lot of us make a switch from one branch to the next and it all counts towards your retirement. The USMC is going to be a more physically demanding career than the Air Force would be and your skills may be just what they need.
 

While I'm concerned that you may not meet the requirements to reup, the fact is that our military is very short of meeting recruitment goals and they're offering all kinds of bonuses so you may be welcomed back with a parade...and a huge monetary bonus!
 

Go for it...talk to some recruiters and see what happens. Good luck sir.

Question:

Hi Jim, I appreciate your work. If I'm 100% P&T and receiving compensation for housebound, does that make me TDIU? I looked up Ebenefits and it doesn't say anything specific about TDIU. I do currently work full time and I just received this increase. Thank you.

Jim's Reply:

No, that combo doesn't make your benefits to be TDIU. If you're working it's not very likely that you're in receipt of the TDIU benefit. What this means is that you have a 100% rating plus another rating or set of ratings at 60% that bring you the housebound benefit...even if you aren't housebound. Confusing? Yes it is. But this is what we have to deal with from your VA. Good luck sir.

Question:

I am a Vietnam veteran with an appeal claim for hypertension with the VA. My claim was denied due to Not Service Connected even though I have diabetes and heart disabilities with the VA. I also have been on high blood pressure meds for ten years. The appeal claim was filed prior to the new PACT passage. Do I need to put in a new claim for hypertension or should I let the appeal claim handle it?

Jim's Reply:

The PACT Act is so new that most VA observers aren't sure of exactly what to expect. Your VA is in the process of hiring thousands of new workers and fast tracking them to their new desks to manage the tsunami of claims coming forward.
 

In your case I'll stick to my usual very conservative views of the claims and appeals process and say that if you're sure that you have an active appeal in process, let that work it's way through the system rather than filing a new claim.
 

Over the years I've listened to VBA raters complain about veterans submitting too much paper that is duplicative of what they've already submitted. Of course that's as much the fault of the VHA as anything because of the number of reminders and letters they send asking for more evidence. Most of us get those letters and think they haven't received what we've already submitted so we send in duplicates and of course that bogs everything down.
 

What I'm sure is happening is that appeals like yours are now presumptive and there is no longer any need to appeal. Your appeal should soon enough be identified and kicked back to a VBA rater to sort it all out.
 

Hang tight, don't make any moves quite yet. Good luck sir.

Question:

My husband served on the USS America from 1979-1983 and in also reserves. He did cleaning and maintenance on communication and plotting systems as an IC2 and IC3. He was also a fireman and worked in damage control. He was diagnosed with NHL in 2014. In 2015, 10 days before our youngest son's 16th birthday, my husband passed away. I promised him I'd keep fighting for him.


The original VA claim was denied. After years of backlog, the appeal is finally coming up. I'm trying to find documentation that shows or names the chemicals used to de-grease and or clean parts and machines. We know TCE and Benzene can cause NHL. The burden of proof is on me to prove he used/was exposed to these chemicals. Are there handbooks or training manuals anywhere for that time period? I truly appreciate any help or direction you can give me.
 

Jim's Reply:

When I seek the sort of documentation you're looking for, I use the same resource that's available to you...Google search. I don't have any documentation that isn't already available to you so I can't help you there.
 

Where I can help you is to point out that when you go it alone, without a skilled and experienced veterans law attorney to help you...you're probably going to lose your claim. Statistics of appeals at the BVA are very clear that veterans law attorneys win cases a lot more often then any other representation and as much as 30% more than when the veteran or survivor takes on the government without help.
 

I agree with your conclusion that your late husband was exposed to all kinds of chemicals and that is more likely than not the cause of his early death and yes, all that should be service connected. However, when we take on the VA we're up against an army of their employed doctors and lawyers who are well compensated to argue that his death was unfortunate but not caused by all those chemicals.
 

Not only do you need a lawyer who can guide you through the convoluted VA appeals process, you'll need the Independent Medical Opinion of an experienced and skilled physician who will offer evidence that there is a link between chemical exposure and cancer. 
 

Please take a moment to click through the provided links and talk with a pro...that won't cost you anything but a little time. Good luck.

Question:

I'm a Vietnam vet. I have been service-connected for IHD since 2010 (8 stents) and have been taking Blood pressure meds since late 1997 for high blood pressure (HBP). I put in a PACT ACT claim for the high blood pressure. How do you think the VA will handle this? Will IHD be “secondary” to HBP? My claim status says VA does NOT need anymore info from me. 

Jim's Reply:

"How do you think the VA will handle this?"
 

The PACT Act is so new that I'm not allowing myself to make any guesses as to how VA will manage the finer points of the new Act. Like any new legislation it takes some time for the dust to settle and we've hardly gotten started with this one. VA has a spotty track record of managing new concepts and claims so we'll just have to wait and see.
 

I hope that once you've completed the process that you'll let us know how it went for you. Good luck sir.

Question:

What can I do if I don't agree with VES findings?

Jim's Reply:

I have to assume that you're claim has been denied and you think that the C & P report was the cause. If that's the case, you appeal and cite the problems with the exam as your reason for appeal.
 

If you haven't been denied and your claim is still in process but you think the exam went off the tracks somehow, you need to wait until you have a formal denial and then appeal the denial as per the routine.
 

Good luck sir.

Question:

Jim, I receive TDIU from the VA. Would there be any advantage to me to file a claim for Hypertension based on the new PACT Act? I am a Vietnam veteran, 1967-1967.

Jim's Reply:

Yes, in my mind there may be a future advantage to getting your high blood pressure rated as service connected.
 

Hypertension is a root cause for all kinds of vascular problems. If your hypertension is rated as service connected, even with a 0% rating, and you have issues with heart disease, renal artery disease, peripheral vascular disease or carotid artery disease, you'll be able to claim all those as secondary to the rated hypertension.
 

We'll hope that you don't run into those vascular problems but if you do, it won't hurt to have the paperwork for the hypertension rating done and out of the way. The other advantage is that should you die of complications of any of those vascular diseases, your eligible survivors will likely have an easier path to their benefits.
 

Good luck sir.