Benefits

Question:

I was treated for prostate cancer and I didn't know about a disability claim. Is it to late to file a claim for benefits even though it is for six months?

Jim's Reply:

If you're a Vietnam vet or have another reason to believe that your prostate cancer is service connected, it's never too late. Don't feel alone...over the years I've met a lot of Vietnam vets who didn't know what sort of benefits they were eligible for.
 

You can file the claim yourself. I'd offer that you should file as soon as you can, you may be eligible for some retroactive benefits. Good luck.

Question:

Jim I have a rated of 10 percent for my right knee but needed total knee replacement. How long does the claim take for a temporary rating of 100%? Is it the same or longer than the initial claim waiting period? I've had the procedure done and all paperwork has been submitted. Thank you kindly for your time.

Jim's Reply:

As a rule this happens quickly since there isn't any real decision to be made. You're already service connected so the process is simplified.
 

If you had the surgery done at a VA facility the recuperation pay would be almost automatic since VBA can see VHA records. That you had it done outside VHA has the potential to slow it down a bit as they look over records you've provided.
 

In the end all this should process quickly, within weeks. However, we're working with a VA that has been damaged by the pandemic and although VBA has chugged right along, they're behind in a lot of their tasks and your claim may be one of those.
 

There isn't much to be done about it other than to be sure you submit good evidence...then keep your fingers crossed. Good luck.

Question:

Hello Jim. Let me thank you in advance. I can tell you put genuine passion into helping veterans like me. My rating recently changed from TDIU P&T to 100% schedular. However, when I logged on to ebenefits to print my letters, the forum gave me the options for for selecting what I can include within my letter. My problem is that the line stating "You are being paid at the 100 percent rate because you are unemployable due to your service connected disabilities: Yes".

I am not and have never received SMCs so the 2008 Bradley Vs (forgot name) does not pertain to my situation. I have two effective dates of May 02, 2019 for my T&P and May 01 2021, for my 100% schedular rating. So, do I have both TDIU and 100% schedular? Also, if I am still considered IU, does that preclude me from earning above the poverty level. I just want to know for sure if I am schedular or not. Thank you so much for all the help you provide to veterans searching for answers. It is a very frustrating process by design.

Jim's Reply:

The eBenefits site is to blame. This is a pretty common problem in that the site doesn't ever seem to be timely nor accurately updated. When we're converted from 100% TDIU to 100% schedular it's very common for the eBenefits site to not update correctly.
 

I've never figured out a solution that would assure a quick and accurate update. Try this: Call the "hotline" and see what they have to say. The number is (855) 948 - 2311  

Good luck.

Question:

Hello Jim, I have recently purchased some Crypto Currency, I am P&T /TDIU and collect SSDI. If lightning strikes with this crypto investment do I have to worry about losing my VA/SSDI benefits?

Jim's Reply:

That would depend on whether or not VA would class such income as gainful employment. While I'm reasonably sure that a return on your investment would not be viewed as gainful employment, the crypto currency world is so new that I doubt that this has been formally addressed. If you win the Lotto or inherit a fortune from your poor old Aunt Tillie, you keep your TDIU & SSDI benefits.
 

If you win the crypto lotto, I can't be sure.
 

You may want to talk to a CPA and see if you would want to make some investments to help with potential taxes and so on. Otherwise, carry on and good luck!

Question:

My husband had a fall due to service connected disability nearly 4 months ago. He is a 100% P & T disabled Vietnam Veteran. He had a feeding tube, a diaper & oxygen. He’s now in a short term care VA contracted nursing home. The VA social worker says he doesn’t qualify for Long Term care in a nursing facility. They are offering hospice which entails euthanasia or for us to go on MediCal & review our finances. VA benefits prove different! He only has until July 2,2021 in the skilled nursing unit and then we have to make a decision or they'll kick him out! We need help!

Jim's Reply:

The story you tell me sounds as if it's been determined by knowledgeable health care professionals that he's approaching the end of his life. He isn't eligible for a long term care facility at the same time he's eligible for hospice. Long term care implies that he is expected to reside there for a year or more whereas eligibility for hospice care says he is anticipated to pass in less than 6 months.
 

Hospice care is not euthanasia.
 

Euthanasia implies that actions are taken to assist a person to die and that just isn't the case with hospice care. Hospice care provides a level of dignity, comfort and freedom from pain and all of it is usually paid in full by Medicare.
 

I worked with a local hospice years ago when my father passed. The caregivers who helped us were outstanding, sympathetic and compassionate. 
 

The best advice I can offer you is that you can get him settled into hospice care and allow him to be pain free and comfortable while you pursue other care choices for availability and so on. If VA has denied him a space and recommended hospice care, time is of the essence and you should move quickly. Good luck.

Question:

Hi Jim, I need a nexus letter connecting sleep apnea secondary to PTSD. Who can I contact in Huntsville, Alabama to write one for me?

Jim's Reply:

I don't know anyone in Huntsville to help. I refer to a small handful of experts that I've trusted for many years and they're located across the United States.
 

But...here's the deal. You don't want or need a doctor near to you because you do not need a face to face meeting. The doctor who writes your nexus (or IMO) letter will base an opinion on medical records that you provide. The records are then evidence to support the doctor's opinion and that's what you submit with your claim.
 

I do this because not just any doctor can write a great nexus letter or Independent Medical Opinion. The doctors I refer to are experts in disability profiles and they know the language that VA must hear to award a benefit.
 

Have a look here https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html and talk with any or all of the folks you'll meet there. Good luck!

Question:

Hello: I am a disabled veteran living overseas. I have asked them for telephone calls. Is it legal for the VA to record your conversation? They also put emails in your C file. thanks

Jim's Reply:

I don't have any specific knowledge about VA recording calls. However, it seems to me that as long as you're aware that your call is being recorded you have no worries. That they may keep emails to reference transactions over time seems a good idea to me. That way when an issue arises in the future there will be a history available to work with. It sounds to me like the VA is doing the job for you.

Question:

Hi Jim! I filed two secondary claims connected to PTSD. They show up on my eBenefits page now with a return symbol under the PTSD rating since the decision has just been made. Any idea what that means??

Jim's Reply:

Hmmm, not really. As a rule a return symbol is an active link that when clicked will take you back to where you were on a web page or site.
 

But...this is the VBA and they are extraordinarily creative in their use of common symbols, icons and definitions. VBA will always try to make good better by making it more complex, obtuse and hard to follow. If you click it and it doesn't go anywhere, it likely means nothing. If it appears to be an active link but won't take you anywhere, when you hover over it you should see a small display in your browser about where it would/should link to. 
 

In the end the eBenefits web site is sort of the AOL of today, a good idea but not up to snuff...it has some small purpose and it sort of functions but does nothing very well. Take anything you see there with a large grain of salt.

Question:

Thank you for your service and this online service. TDIU since 2009. Does the VA take interest in me if I were to enroll into a trade school? I would hope to get assistance via both fed and state GI money. I’d rather learn via YouTube than wrangle with the VA! My therapist encourages me to stay busy with a hobby. Because the mower, chainsaw, outboard always seems to need attention, I thought I might learn about them. I have no intention of pursuing employment as back, anxiety, feet, etc., wouldn’t allow it. With that said, I may well need to ask the school for special consideration if I were to attend.

Jim's Reply:

No, VA won't pay any attention to your continuing education. Only if you begin earning a taxable income or "gainful employment" does VA care much about anything else you do.
 

I think it's a great idea. TDIU leaves a lot of us a bit lost. We have energy to do something, we just aren't sure what. In a nutshell, as long as you aren't making much money, you're good to go. Good luck!

Question:

Hello Jim, I was originally diagnosed and treated for Bladder Cancer in November of 2009 by a private urologist. In 2017, I initially applied to the VA for health coverage to help my pay for my bladder cancer surgeries. In June of 2020, the VA approved my request for medical coverage and I was awarded 100% disability from June 2020 in March of this year, 2021. Since September of 2020, I have had 2 surgeries to remove high grade cancer tumors from my bladder.

Given my diagnosis, why am I rated "temporary" disabled when I have been fighting this cancer (service connected from Camp Lejeune contaminated water) since 2009? I am trying to get VA assistance with getting some dental work but was told I do not qualify for VA Dental because of the temporary rating given to me. I have been fighting this cancer for almost 11 years now. How can that be considered temporary? 

Jim's Reply:

You've hit on one of the most perplexing quirks of the VA rating system. All service connected cancer is considered a temporary condition because cancer is treatable. 
 

The VA takes the perspective that every veteran will want to have the cancer treated and that every treatment will eliminate all traces of cancer. This happens most often with a service connected prostate cancer or similarly, lung cancer...both are 100% temporary ratings.
 

Prostate cancer often isn't treated at all these days. Watchful waiting is a very thoughtful way to approach a disease that most of us will die with, not of.
 

Why does VA think this way? Nobody knows. Can't they change it? Sure, but that won't happen because it just gets too involved for any administration and VA changes administrations before progress can happen so here we are.
 

During your next 'future exam' you can ask the examiner to note that your condition is static and won't change. That may trigger the rater to give you a permanent status. Good luck.