Benefits

Question:

I was bamboozled into a fiduciary program but not deemed incompetent by a doctor or court. I was not even aware the process had taken place until I went to the bank. Just a month ago, I was finally given my competency test. When the results came back, the examiner told me that I was neither competent nor incompetent.
 

The fiduciary payee doesn't want to send me my full monthly allowance because she has personal feeling about my wife. She said my wife wants to exploit my benefits. So now the fiduciary sends me a $200 or $300 Walmart gift card and a $50 Walmart visa gift card instead of my full monthly benefits. I don't shop at those stores. Can the fiduciary be forced to send me my monthly allowance?

Jim's Reply:

The VA fiduciary program is possibly the most mismanaged of all the efforts that VA puts forward to "help" a veteran. The fidu appointment process defines the much loathed VA paternalism. The program does not require a physician opinion nor does it require any sort of competency hearing. You have no rights to due process.
 

The rater and a team of less than professional bureaucrats make the decision without the guidance of an attorney or any sort of representation of the veteran. The usual scenario is that during a C & P exam the examiner will ask you a question similar to, "How do you manage your finances? Do you pay your rent and monthly bills yourself?"
 

Most veterans will respond, "Well, my wife and I agreed a long time ago that only one person writes the checks in our house, it's less confusing that way. She's a lot better with math and balancing the checkbook than I am so we let her do it all." This is the response I would give and I think most married Americans would agree. The response doesn't mean I'm not competent to manage my finances, it means I choose to have my spouse do it. Welcome to married life in the United States.
 

Once the fidu process is begun you have no rights. If you request a family member be appointed the family member will be subjected to a background check and they'll be rejected for having too many parking tickets or any similar record of such criminal offenses. If your family member isn't appointed then a professional fiduciary will be appointed for you. That person will manage your money as the VA instructs, you'll have no access to it whatever. Most of the bulk of your benefits money will be held in an account and not dispersed to you. If you die, your heirs do not have access to the money, it's returned to the treasury.
 

The VA fiduciary appointment is a draconian process that strips away your 2nd Amendment rights as well as withholding disability benefits money you earned. Once the fidu is appointed it can be a steep uphill climb to be rid of the burden of dealing with these people.
 

You have little choice but to ask for help from a skilled and experienced veterans law attorney. Click https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html 
 

All the lawyers you'll meet on that page will talk with you for free and provide an assessment of your case. With the help of a veterans law attorney, it's likely that you can appeal the decision to appoint a fidu and be free of the hassles of dealing with it.
 

Good luck.

Question:

I have been rated 100% for 5 years and started my first job working a few hours a day with deaf children for a school district. My first language was ASL due my parents being totally deaf. I’m told I can only earn up to the national poverty level income. I have church contributions that can bring my income down below the poverty level. I’m 77 years old in October.

Is TDIU based on my gross income or my adjusted gross income being below the national poverty level? I live in the San Francisco area and I need more income to survive with disabled family members.

Jim's Reply:

Your adjusted gross income doesn't count. VA will look at the amount of money you were paid for your labors and if that amount exceeds the poverty level you'll get a message that VA wants to talk with you regarding the reduction of your TDIU benefit.
 

This really isn't so hard to understand. You have an unemployability benefit. If you are employable, you are not eligible for this benefit. You can't have both. Good luck.

Question:

I am a 100% service connected vet. I not getting good care from the VA health care system. Can I get the VA to pay for my Medicare part B insurance?

Jim's Reply:

In a nutshell, no.
 

First up, if you challenge the VA system and say that they're not providing 'good care' then you'd have to prove that. I have doubts that VA would agree with you and on that point alone they'd prevail.
 

Nobody will pay the monthly bill for any of your Medicare. Your best option is to work with your VA primary care provider to improve whatever you believe is failing you. Otherwise, do like I do and use your Part B and pay the very small price of the deductible. Yes, it will cost you a few dollars but you may get better care for it. Good luck.

Question:

I have been on hormone therapy for 5 years. With prostate metastatic bone cancer. I had a nuclear scan recently that now shows no bone disease. Doctor recommends I stay on hormone therapy to control my cancer as long as possible. I had surgery 2/14 and PSA did not go down and then in 7/14 I had 35 radiation treatments and PSA did not go down. The only thing controlling my cancer is hormone therapy. Will they reduce my benefits since they cannot find it on my bones?

Jim's Reply:

This is very difficult to predict...however, as long as you remain under treatment of any sort, your benefits should remain at 100%. It's unfortunate that this will vary from rater to rater when these decisions are made and if you should ever be told that your 100% is being reduced, you should immediately appeal. Good luck.

Question:

I got turned down on my Nehmer claim. Can I file another Nehmer claim for a new disability?

Jim's Reply:

You can file anything that comes to your mind. You may not win but there's no penalty for trying.

Question:

Can a veteran file for Aid and Attendance for his wife? My husband is 100 P&T. He has been taking care of me, but he needs help. I’m unable to drive or bathe or cook for myself.

Jim's Reply:

The Aid and Attendance benefit is often a very difficult benefit to achieve. You're asking for an unusual application of the A & A benefit and I'd suggest that you simple go ahead and apply.
 

Often enough when we aren't sure of the eligibility for a given benefit the easiest way to know for sure is to apply. If and when you're denied VA will provide the reason for denial. That gives you the information that will help you to determine if there are additional steps you can take to achieve your goal or if you're clearly ineligible.
 

More info is here https://www.va.gov/pension/aid-attendance-housebound/  Good luck!

Question:

Hello, I’m currently under a TDRL from the USAF with a 20% for injury on left foot and 50% on mental health. But in VA with additional claims I’m 100% permanent. I was a firefighter in the military and a firefighter in the federal government, but they have me on a temporary duty while my follow-up mental health appointment happens, would this be disqualifying for me to continue to be a firefighter in the federal side?

Jim's Reply:

Great question but I don't know the answer. The process you'll go through for civilian employment will evaluate your rated conditions much differently than the DoD and the VA will. 
 

Many of the conditions that will class us as unable to complete the requirements of our active duty MOS won't seem as disabling in the civilian sector. I know plenty of veterans who are rated 100% disabled and they work in law enforcement, emergency services and so on.
 

Each potential employer will have unique policies about disabled veterans and until you begin the application process you won't really know how they'll react to your ratings.
 

If one employer isn't hiring, don't give up...the next will appreciate your skills. Good luck. 

Question:

Hi Jim, I currently receive 20% service connected disability for tinnitus and hearing loss as a result of extended exposure to sustained loud noises. I have been wearing VA supplied hearing aids. I have also been diagnosed with bilateral Meniere's, for which I am currently being treated, and Benign paroxysmal positional vertigo (BPPV), which I do physical therapy at home after completing balance classes from my neurologist.
 

I have a nexus letter from my ENT stating that the Meniere's disease caused my hearing loss and tinnitus. Prior to rotating home from in-country, I was diagnosed with and treated for herpes simplex on both arms. Then, Hepatitis, which I was also treated for. It's my understanding that Meniere's disease is caused by a virus. Additionally, I have been diagnosed by the VA for Major depressive disorder, anxiety and stress from trauma, and lastly, I was diagnosed with sleep apnea. I've been on CPAP for several years. I have a 60% rating for back injuries sustained while serving in the Marine Corps for a total of 80% VA compensation. In your opinion can I file a secondary claim for sleep apnea or should I file for depression, or anxiety, or Meniere's disease? Thanks for your help.

Jim's Reply:

You ask a pretty popular question. Just how does one go about getting an increase in a disability rating when the rated condition has measurably worsened over time?
 

First up: Make a plan. What is the #1 problem and the place where you have a seriously worsening disabling condition? To my eye and from what you tell me, your hearing has gone downhill. The 10% for tinnitus is the max for that condition. But if you're wearing hearing aids your hearing is likely to deserve a higher rating. From the hearing problem may flow some of the anxiety and stress.
 

People who haven't experienced hearing loss don't understand how it can have such a negative effect on your life when you can't hear a TV (garbled) or a movie in a theater (garbled) and so on. Significant depression and anger and even suicidal ideation may result. That goes for tinnitus too. Many folks get used to it and don't notice it, it can drive some vets over the edge. If tinnitus is affecting your mental health, speak up.
 

You can pursue having the Meniere's Disease service connected and rated but that's often a steep uphill climb. You'll need an IMO in support of your claim. In fact, you probably should consider an IMO from the start because you have significant but fairly complex claims. A well written IMO will be a huge help to you https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html   

In fact, having read your email a couple more times, I think you should seriously consider an IMO or "Nexus Letter" written by a professional who does this every day. The IMO doctor will be able to tie your conditions together as to cause and effect as well as to define secondary conditions and how and why they are just that. 
 

If you aren't able to work you're eligible to file for the TDIU benefit and that may be a quicker route for you to consider. https://www.vawatchdog.org/tdiu-unemployability.html  TDIU provides you with exactly the same 100% benefits as a schedular 100% rating does other than you can't work. It's a sort of shortcut to the 100% rating for certain eligible vets.
 

I'm also sensing that you may be more seriously injured and permanently disabled than you want to confess. It's my thought that you are probably going to find yourself eligible for SMC now or in the near future. I don't want to sound all doom and gloom but you know you have a lot going on. 
 

If you need some help sorting this out and filing claims you're welcome to contact me via my VAWatchdog.org site and we'll see what we can do. Semper Fi.

Question:

I am a 100% disabled vet and I receive social security disability. My 25 y/o daughter is disabled due to a mental diagnosis and cannot work efficiently, so she moved back to my home. I’m thinking of having her file social security disability under my earnings. Is it legal for me to file for helpless child benefits with VA at the same time, since she cannot work?

Jim's Reply:

Yes, of course it's legal. You can file anything you want and the worst that could happen is a firm "No!" I can't offer any opinions on whether or not you will prevail, I just don't know enough and these are complex claims.
 

But there is no reason not to try. Good luck.

Question:

Hi Jim, I’m on TDIU but want to return to flying. I understand how returning to work goes, but if the FAA issues a med certificate with full disclosure to both agencies (legally) but I have not returned to work, would VA lower my rating? If so, would it be as soon as the certificate is issued or after 12 months of holding such an FAA certificate?

Jim's Reply:

The return to flying doesn't have anything to do with your TDIU rating. I don't know which two agencies you're thinking of when you talk of issuing a certificate but the VA won't want any such certificate and it won't affect your TDIU status. You can go fly, drive race cars, gamble your life away in Vegas and if you aren't earning above the poverty line by employment, VA doesn't pay attention.
 

You are not allowed to work and earn an income. I have known many vets who volunteered 40 hours each week at VA facilities and their TDIU was intact since they weren't earning above the federal minimum wage. That's pretty much the only thing VA notices after you've been rated TDIU. If you earn more money than allowed, your TDIU is going to be reviewed.
 

Otherwise...go fly. Good luck.