Benefits

Question:

Jim, I was stationed at Camp Pendleton for school from October thru December of 1984. 5 years ago I developed esophageal cancer. I have had surgery to remove the cancer but still have medical issues persisting. I have read about Camp Pendleton's toxic history and was wondering if I was exposed and contracted the cancer from Camp Pendleton. Please advise. Thank you.

Jim's Reply:

Camp Pendleton is a Superfund Site so it's known to have various and assorted contaminated regions and you aren't the only one who has concerns. I was there as a youngster...and Lejeune too. My dad got around in the Old Corps!
 

Whether or not your cancer was caused, contributed to or aggravated by your service at Camp Pendleton is a matter for you to discuss with one of the many expert lawyers who have advertised their services on the Internet.
 

I'd suggest that you do a quick Google search for lawyers who represent actions regarding Camp Pendleton contamination and start making phone calls and getting as much info as you can. 
 

Good luck sir.

Question:

Reading the information on Agent Orange and Prostate Cancer. I am rated 100% temporarily. I did 20 rounds of radiation. I'm looking for a start and end date on when the VA will pull back on the 100% disability so that I can figure out when and where to re-file for the other problems associated with radiation therapy. The second problem is being on an Essex Class Aircraft Carrier in Vietnam from 1969 to 1970. It was full of asbestoses but I was denied for that, so where do I turn for help on that?

Jim's Reply:

Your 100% temporary benefit will end 6 to 12 months after you complete treatment. VA is having trouble getting us in for post-treatment exams so it can take longer than that. No worries, you won't have to pay back any payments they may make while you wait.
 

You need a veterans law attorney to help you with the asbestos appeal. This won't cost you any money out of your pocket so feel free to call a couple of lawyers and sign up. It'll take a while but the attorney will manage it all for you.
 

You shouldn't wait to begin filing the appeal and any other claims you may have...the sooner you get started, the better. 
 

Good luck sir.

Question:

I was rated 100% for hearing loss in one ear. Does this qualify as service connection disability that waives VA home loan origination fee for refinancing of my current VA loan?

Jim's Reply:

I can't be sure as a 100% permanent rating for one ear is a bit unusual. If I had to guess I'd say yes, a 100% rating should make you eligible. You'll have paperwork and VA contact points for questions regarding your VA COE as your loan progresses and then is a good time to ask that and other questions.
 

During my last (and final!) home purchase I used a broker to find my financing and that was a real plus as they took care of a lot of details I'd have missed. The broker was methodical, crossed t's and dotted i's and put it all together in a way I couldn't have when presented to banks for a bid. That made the difference of almost 1/2 point in the rate and that seems even more important today.
 

Don't forget that in many states a vet with a 100% rating is exempt from state property taxes and sometimes the path to that benefit via the state can be convoluted...but worth the bother.
 

All the usual rules for taking out a loan in the first place are there when we refi the original note. If you've been rated at 100% since you originated the loan in the first place you'll probably have more hoops to jump through to maximize the benefit. Do shop around though...rates are through the roof today!
 

Good luck!

Question:

I am service connected with hearing loss at 0% and tinnitus at 10%. I have trouble sleeping, in part due to constant tinnitus in one ear. I have also recently been diagnosed with sleep apnea, after undergoing a sleep study. The physician and sleep study paperwork state that I need a CPAP machine. Will the VA cover the cost of a CPAP or do I need to have sleep apnea service connected for that?

Jim's Reply:

If you are prescribed a CPAP, there is likely to be an associated copay. On a personal note, I've used my CPAP machines for over a decade now and it's well worth the cost. Good luck sir.

Question:

Jim,

In 2010 I was awarded 30% due to IHD and 20% for DMII. I have been taking meds for hypertension since the mid-1980's. Should I now file a claim for the High Blood Pressure?

Jim's Reply:

Yes. Were I you, I'd proceed with the claim for high blood pressure. Even if your claim results in a 0% or 10% rating for hypertension, you may want to use that as a basis for future secondary claims. For example, hypertension may be responsible for causing or contributing to or aggravating strokes, kidney disease, lower leg vascular disease and a lot more. 
 

File the claim and good luck to you sir.

Question:

I am already receiving compensation for Ischemic Heart Disease at 60%.I have been receiving it for 12 years. I have put in an additional claim for prostate cancer due to Agent Orange. Will that effect my original claim for heart disease? 

Jim's Reply:

You've done the correct thing by putting in a claim and have no worries about your existing rating. The heart disease isn't remotely connected to the prostate cancer so there won't be any debate about cause and effect of symptoms and so on.
 

If you elect 'watchful waiting' for the prostate cancer (no treatment at all) you'll have a 100% rating that will last until you have the cancer treated. Many men are electing no treatment at all depending on their age and overall health. If that is you you'll have a 100% rating + the 60% rating and that means you're eligible for the housebound benefit...even if you aren't actually housebound.
 

This housebound benefit will put a few additional dollars in your pocket with no fuss.
 

Good luck sir.

Question:

Jim, I retired in 1994 after 21 years and was just recently diagnosed with skin cancer at the VA hospital. I didn't have any combat tours to speak of, but spent lots of times aboard ships built prior to WW2 when asbestos was king and everything was covered in it along with being a aircraft mechanic and naval aircrew man flying to and from aircraft carriers. Three weeks later after the confirmed diagnosis, the VA sends me to a local hospital and they perform surgery removing the cancer and leaving a 4 inch scar along my face that's still healing. Is it even possible to connect my skin cancer to service connected with no combat tours? I did file for disability 3 weeks ago with the VA for the skin cancer and it's in the "gathering of evidence" mode as of now.

Jim's Reply:

You may...or may not...be able to prove a nexus or connection to your environment and your skin cancer. You'll need an Independent Medical Opinion from an expert physician who will help you provide the science that supports such a cause and effect outcome.
 

Yes, you'll have to pay a fee out of your pocket to obtain your IMO. Many years ago I did the same thing and the investment has been more than worth it. An IMO doctor can't help you if there's no supporting science but otherwise, an IMO is the best way I know to make your case to VA.
 

Click that link to get started. Good luck sir.

Question:

I am collecting long-term disability insurance from a previous employer and Social Security disability benefits. Can I receive this and TDIU benefits at the same time?

Jim's Reply:

If your disabling conditions are service connected and you meet the other criteria for the TDIU benefit, yes...you may be eligible. Good luck.

Question:

How do I find out if I am 100% Scheduler or 100% TDIU? Is it in my award letter or any VA letter?

Jim's Reply:

Your status should be in your award letter or you can check your eBenefits account.

Question:

If a veteran on the Agent Orange registry has been diagnosed with type ll diabetes they presumptively are granted the VA disability benefit. Agreed? If the diabetic vet develops aortic stenosis (Which can be caused or exacerbated by diabetes) does that create that create possibility of an increase in the benefit?

Jim's Reply:

You are correct in the direction that you're thinking about this. Diabetes is the cause of many other conditions that we refer to as secondary conditions. The most common secondary condition that is a direct result of diabetes is hardening of the arteries or atherosclerosis. The blood vessels most often affected are those of the heart, the carotid arteries, the kidneys and the legs. 
 

I agree that aortic stenosis is more likely than not exacerbated, not caused, by diabetes although this isn't one of the more frequent claims for a secondary condition that I'm aware of.
 

While we can file a claim to have an aortic stenosis rated as secondary to diabetes, the VA won't accept that at face value. You'll have to prove the nexus of cause and effect by having an Independent Medical Opinion (IMO) or a 'nexus letter' from an expert physician that agrees with that conclusion and provides science to back that up. If you'll click the link I provided you'll learn more about the IMO.
 

Whether or not an increase in the existing benefit would result in a successful claim and an increase in the monetary benefit would depend on the degree of disability the AS condition is causing and how that will combine with the existing rating.
 

Good luck sir.