Benefits

Question:

I filed for hypothyroidism in 2018, it was denied. It is now on the AO list. The VA is required to review every denied claim and back date to the original date of filing. My question I am TDIU and 100 percent. TDIU started in 2003. The claim is on appeal since 2019. The VA added it as a new claim on ebenefits in June 2021. If they ever get the claim completed I don't think I will receive retroactive back pay, true or false? Thank you.

Jim's Reply:

You may or may not be due for some retroactive benefits. In a previous and similar situation not all that long ago, the decision was in favor of vets who had filed and been denied to receive retroactive benefits.
 

I'm a bit tied to studying this as I have a distant in-law who is a retired-after-20 Blue Water Navy vet in a similar situation. His non-service connected hypothyroidism had had a deleterious effect on his service connected diabetes that was (lowball) rated at 20%. He was in and out of civilian hospitals and in critical care more than once and VA paid no attention...even though he was a DoD employee.
 

After a stroke the family asked for my help.
 

We were successful in filing an increase for his DM2 and then got an IMO to connect the hypothyroidism to his military service. (Of course we don't need the IMO now it's presumptive.)
 

He is currently rated as 100% with SMC-S and he is fully housebound with VA caregiving benefits kicking in.
 

Of course I'd hope that you never run into the illnesses my in-law has but considering all that, I think it's worth your time to aggressively pursue this benefit so you don't have to do it when you're not well. 
 

I've been referring these cases to a trusted veterans law attorney who has shown a particular interest and who has a great track record in dealing with these particular claims. (He did appeals for my relative)
 

Let him know I sent you his way and listen to what he thinks about your particular situation. He never charges veterans to provide a great evaluation of what they've got going on...he's a vet, 'nuff said.
 

Good luck sir.

Question:

My lung cancer appears inactive but I am still receiving treatment. Do I need to report a change to the VA or wait until they ask?

Jim's Reply:

I'm going to assume you're a Vietnam veteran rated at 100% during a post-treatment period while waiting on a mandatory C & P exam to reevaluate your rating.
 

No, you do not need to notify VA of anything. In fact, I usually coach vets to learn never to volunteer ANYTHING with VA. Ever. If they ask you any question, you should think of your answer very carefully, in the context of what they may interpret.
 

For example, you: "I'm an honest guy voluntarily reporting I've improved a lot after my treatments." The VA response: "Dear veteran, thank you for reporting your death. We will proceed to terminate the benefits of the deceased veteran."
 

OK, sure...that sounds far-fetched but it's an example of what happens on a day to day basis in my world and when you realize things have gone horribly wrong, it's too late. You're in for a nightmare.
 

If VA asks, answer honestly, briefly and only to the point of answering the specific question. Never volunteer information not specifically asked because VA sees that and judges your motive suspect.
 

You should be notified around 6 months to a year after your therapy has completed that you'll have an exam coming up. Until then, take care of yourself and don't worry about VA. Good luck sir.

Question:

My dad served in Navy from 1964-1967. He was honorably discharged in 1967. He was never stationed oversees. He was stationed in San Diego, California for his entire duty. He was told buy a co-worker/friend that he is entitled to some money from the government, because he was in service during Vietnam war. We were wondering if this is something he should check into or if this is just something Vietnam vets? Thank you Sir.

Jim's Reply:

I hear these rumors constantly. The target of alleged funds due is usually the Vietnam vet but almost anyone who served anywhere around the globe will hear a rumor about some benefit they should have received.
 

Veterans aren't simply handed money because they served in a particular era. If they were due any bonuses they were paid those at the time of their service.
 

Veterans family members are almost never due any monetary benefits. I hear from children, grandchildren and even great grandchildren who tell me that since grandpa served in Vietnam they are due some money.
 

Nope.

Question:

I'm a 70% disabled Vet with total and permanent disability, getting paid at 100%. Can I be part owner of my husband's LLC, S Corp, and get a small paycheck for notary services?

Jim's Reply:

You have the "unemployability" benefit that restricts your income. You're allowed to earn up to the federal poverty wage level but no more. If you earn more, your VA will be in touch asking whether or not you really need that TDIU benefit.
 

Your "small paycheck" probably won't exceed the income limits of the federal poverty wage level so no worries there. I am concerned that your becoming a "part owner" could cause you some issues.
 

VA tracks your income by following along your SSA and IRS income records. If your income exceeds the limits, you'll be asked to timely complete a VA For 21-4140 to explain what's up with your earnings. The complication I fear is that the company earnings may be associated with your personal earnings as you are an owner. 
 

Of course VA has all sorts of definitions of who may earn what under which circumstances but for what you see as a 'small paycheck', I doubt it's worth the risk to you. Even if you aren't exceeding income limits, if VA even thinks you are for any reason, you're in for a long painful process.

Were I you, I'd think carefully before I made such a move.

Question:

Can HUD use my agent orange disability check as income?

Jim's Reply:

Yes, of course. It's real money after all. Almost all agencies that have any sort of means tested benefit scheme will use VA and other disability payments as income. When you complete applications and you don't include your VA disability benefits, you're in danger of committing fraud and that can be a tough one.
 

The only entity that I'm aware of that offers special privileges for VA disability income is the IRS...they let you keep it. 

Question:

Are there free fiduciary financial advisors for veterans?

Jim's Reply:

I think you'll find what you're looking for here https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html and here https://www.vawatchdog.org/fiduciary-appointments.html
 

Good luck.

Question:

My father served in the Vietnam War, doing 2 tours. He died at the age of 47. The cause of death on the death certificate is listed as cardiac arrhythmia (lasting 6 minutes) and coronary artery disease (20 years). My mom is attempting to get DIC benefits and was told by VSA that since "ischemic heart disease " is not listed she would likely not be entitled. Can you tell me if my fathers cause of death excludes her from DIC?

Jim's Reply:

I'm very sorry to learn of the loss of your Vietnam veteran dad.
 

Coronary Artery Disease (CAD) and Ischemic Heart Disease (IHD) are one and the same thing. The term CAD is the most often used in the American health care system so the VA decided to be obtuse and develop a term no one else uses.
 

In any case the death certificate as it reads should be enough to prove eligibility. What concerns me is the amount of time that has passed since his death...I'm assuming that was some time ago because of his young age. I'll offer that she is eligible for help from an accredited veterans law attorney with no out of pocket expense should she run into any issues at VA. In fact, I'd urge you to start engaging attorneys now and choose one who will best represent her. You can choose any of the lawyers you'll meet at the link below...a veterans lawyer can represent from anywhere in the nation.
 

Please see https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html  Good luck.

Question:

I am rated at 60% service connected. Recently I was incarcerated and held in solitary confinement for almost 140 days, at which time the different jails did not handle my life sustaining medications properly, either not giving them to me or underusing/overdosing me. This caused me to get several blood clots, which have caused low blood flow to my foot along with cellulitis for over 10 weeks; I have neuropathy in my foot now, which I had never had. Is this grounds to get a re-evaluation on my benefits?

Jim's Reply:

VA disability benefits require a service connection. In other words, to be awarded a benefit you must first prove that the injury or illness (the condition) was caused, aggravated or contributed to by your military service.
 

I'm not sure how you'd be able to connect a run-in with the law to your military service?
 

If the experience of being confined didn't agree with you, your best bet is to avoid all that in the future. Good luck.

Question:

Does CHAMPVA cover lab work for a green card to make sure she had certain shots? She is from the Philippines and had no records for vaccinations. Can I get the company that did the blood work to accept less if CHAMPVA would not pay any towards the cost also?

Jim's Reply:

I can't say that CHAMPVA will or will not cover this sort of lab work. For that matter, if she has no records of any vaccinations I'm not at all sure that "blood work" will be a satisfactory substitute for vaccination records. She may have to take a new set of shots to prove her status.

I've read the vaccination requirements (new to me) and it appears that she will have to meet with a "civil surgeon"  https://my.uscis.gov/findadoctor   who will then determine what vaccinations are needed, if any. The civil surgeon will use this guide to determine just what is necessary  https://www.uscis.gov/tools/designated-civil-surgeons/vaccination-requirements  
 

When you use the search function to find a civil surgeon near you, check with that office first and make sure they accept CHAMPVA and you should be good to go. If this doctor doesn't accept CHAMPVA you'll have to figure another way to pay for services or find a doctor who does accept it. Good luck.

Question:

Jim, I am waiting for VES to find me a dentist to look at my teeth for a claim. It has been about 9 months and I am still waiting. They keep telling me that they are still looking for a dentist to see me. Is there anything I can do to speed up this process?

Jim's Reply:

Veterans Evaluation Services (VES) is a contractor who provides C & P exams to VA. https://www.vesservices.com/   I can't explain why there is such a delay in evaluating your teeth for a claim, I've not heard of such a thing before but it makes a kind of sense I guess...they don't have dentists in their employ because there are so few dental claims filed.
 

I think your best bet is to find a dentist yourself...maybe the one you usually visit...and ask that person to write a statement about your dental condition and then submit that.
 

Otherwise, you may want to speak with a veterans law attorney here https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html