Benefits

Question:

I’m living in Norway and am retired. I’ve joined voluntarily 1973 and was honorably discharged 1975. I have no idea if I qualify for any benefits?

Jim's Reply:

Maybe. Maybe not. Let's start with you exploring https://www.va.gov/COMMUNITYCARE/programs/veterans/fmp/index.asp  particularly the FMP.
 

Next up let's explore https://www.benefits.va.gov/persona/veteran-abroad.asp 
 

You'll want to find the American Embassy nearest you and get to know them. The Embassy acts as your VA connection and often enough the staff there know some tricks and benefits. It's worth your time to get to know them before you need them.

Good luck!

Question:

I have received my VA service-connected disability rating of 90%. I am satisfied with that, but am having some difficulty understanding the education benefits associated with it. I am attempting to enroll in the Virginia VMSDEP program in order to get tuition waivers for my spouse and child. Apparently, the Virginia statutes require 90% permanent disability (or greater) to qualify. My benefits letter says “Are you to be considered totally and permanently disabled? No” Yet all my conditions are chronic and will never go away. It does not say anything on my benefits letter about temporary conditions or additional required medical exams. It is confusing because the VMSDEP website has check boxes for “90% permanent” and “90% temporary”. I feel my disabilities are permanent, but I also feel I should be able to prove it easily enough with a benefits letter. That letter does not specifically say “permanent”. How do I know if the VA has rated my disabilities as permanent? How can I get proof of that?

Jim's Reply:

Unless stated otherwise (future exams are scheduled), benefits under 100% are considered to be permanent by VA. You are not "P & T" (Permanently & Totally disabled) because your ratings are not 100% or totally disabled.
 

I'm looking at requirements  https://www.dvs.virginia.gov/education-employment/virginia-military-survivors-and-dependents-education-program-2-2-2  and it appears to me that you are likely eligible for the benefit at a 90% rating so no worries there. The higher standard to meet is the requirement that all ratings come from combat or terrorist activities.
 

In any case, it appears they'll make a determination by pulling your VA records (with your consent) to see if you meet the combat, etc., requirements and if you're good there you should be good to go.
 

Good luck.

Question:

Jim, I noticed your site says that hypothyroidism is not an Agent Orange presumptive. This condition became a presumptive as of January 2021. This year. Please check out the new Agent Orange presumptives for 2021.

Jim's Reply:

I could have addressed this situation more clearly I suppose. In a nutshell, nothing has changed.

The '3 new presumptives' have been passed by Congress but not yet ratified by the VBA. Thus there are no benefits available at this time. The veteran who believes he or she is eligible for any benefit should file for it...no changes there. 
 

However, until VBA ratifies the rules of the benefits, there aren't any benefits. Until that happens I recommend filing the claim with an IMO. Again, no changes to the process of filing a claim.
 

"In January, officials from President Donald Trump’s VA leadership team said it could be months or years before veterans suffering from bladder cancer, hypothyroidism and Parkinson’s-like symptoms — three new conditions added presumptive benefits list by Congress last year — would see any benefits from the change in law."
 

I don't like to promote false hope and the fact is, that at the moment the paperwork hasn't yet been completed for these benefits. Until VA finishes what Congress has ordered, nothing happens. When you see it published on the official VA web site, then you'll know it's done. 

Question:

I need a doctor to write a nexus letter to file a VA claim. I reside in Baltimore, MD

Jim's Reply:

Where you're living isn't all that important...you'll likely never meet the doctor face to face. Nexus letters or Independent Medical Opinions (IMOs) are written by board certified experts reviewing the medical records you provide and then providing an opinion as to service connection and the disabling degree of the condition. The IMO or 'nexus letter' is an important part of winning a claim.
 

These expert physicians and psychologists are well versed in the language VA needs to hear to award your benefit and the report they'll issue to you will be a big plus to your claim or appeal. I've been referring to these doctors for many years and each of them will be happy to talk with you about your need.
 

Click here to learn more. https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html  Good luck!

Question:

I recently got TDIU at 80%. It says permanent and total on decision letter. Does my 15 year old daughter qualify for Chapter 35 DEA (education benefits) and CHAMPVA? Thank you.

Jim's Reply:

Yes. It should say that in your award letter but when it comes to publishing those letters, no two are ever the same and none are ever complete. It's an absurdity perpetuated over the years by VA and they won't recognize there is a problem. (Sigh)
 

Start with applying for CHAMPVA by clicking here and be prepared for a massive cluster. The CHAMPVA folks never recognize TDIU as eligible until you argue with them a bit.
 

Talk with the providers offices who will be giving care for your daughter long before you need them...they each have insurance staff who will be glad to get your CHAMPVA account set up early. CHAMPVA is great health insurance although using it can be a challenge at times. The system, like the rest of VA, is a bit clunky.
 

Your dependent won't use the C35 benefits for a while but the person who will be your best friend when the time comes is the college financial counselor who has experience dealing with C35 benefits. Start early in the process and all should go well. Good luck.

Question:

I'm 100% T & P since February 2012. Five months ago, Agent Orange (and T2 Diabetes) finally took its toll with an above the knee left leg amputation. I'm going to apply for a Home Improvement and Structural Alteration - HISA Grant. In reading up on this particular grant, I see that the maximum amount for this grant has been $6,800 since 2010. No increase for the last 11 years! During that same period of time, construction costs have risen by approximately 50% since 2010. Any reason for this oversight that you know of, Jim?

Jim's Reply:

Reasons for the oversight? How much time do you have? VA is so far behind on almost every regulatory nuance that impacts veterans that it's hard to know where to begin. The Schedule For Rating Disabilities was designed in the 1940s to meet the needs of the agrarian society that was America then. That it hasn't been properly revamped over time tells you all you need to know.
 

For what it's worth...apply for the AK amp as a secondary condition to the DM2. Get that rated and seek at least a 60% rating on top of your existing 100% so you can qualify for SMC homebound. If you show any other vascular symptoms at all (kidneys, carotids, etc.) file for it and make it secondary to the diabetes.
 

And...for what it's worth, construction costs have risen the most in the last year that I've seen in my lifetime. There's currently a lumber shortage that may make you put your plans on hold for a bit. Make use of that time by filing for the secondary effects of the DM2...you'll come out ahead.
 

Good luck.

Question:

How do I find out whether my rating is TDIU or Scheduler? I was rated 100 percent permanently disabled but there was no distinction between TDIU or Scheduler.

Jim's Reply:

If you didn't apply for TDIU then your rating will be schedular. VA makes it as difficult as possible to decipher and will never tell you straight up what sort of rating you have. 

Question:

I applied to the va for health benefits Vietnam era was stationed in Germany. I was told i make to much money not entitled to benefits manly health. I figured a vet was a vet.

Jim's Reply:

I served honorably much as you...in Germany during the Vietnam era at 98th General Hospital 1968-1970. And I've learned that a vet is not a vet. Grandpa was Army Expeditionary Forces to France in WWI. My dad was a WWII and Korea Marine. I was a Vietnam era Army medic. My stepson rode a Stryker in a desert. We're so different from one period of service to the next we're hardly recognizable to each other.
 

The VA dispenses many benefits that are dependent upon the era we served. The WWI veteran received a different array of benefits than did the WWII veteran and so on. The education benefit has changed so much in the last 30 years it's nothing at all like what you and I were offered back in the day.
 

Health care has been an inconsistent benefit that has been offered in a lot of different packages. Generally speaking one must register for VA health care soon after exiting active duty and maintain a constant and ongoing relationship with VHA by visiting your VA provider at least once each year.
 

The Vietnam era veteran who registered for health care prior to 2006 - 2007 and kept the relationship with the VHA active is good to go.
 

The Vietnam era veteran who did not register for VA health care prior to the 2006 - 2007 period will now have to either be receiving a VA pension or have a service connected disability rating of at least 0%. There are other categories like Purple Heart and MOH but I'll assume you didn't have any qualifying conditions since you were denied.
 

That you make too much money now is an indication that you aren't eligible for the pension benefit, a means tested benefit for older veterans.
 

To receive VHA health care today you may want to apply for and to be awarded any disability benefit. That will open the door to low cost health care. Good luck.

Question:

Hello, I hope all is well. I am a veteran with 100% VA compensation (P&T). Can I lose my benefits if I test positive for cannabis and cocaine for the first time ever? Thank you for your feedback. I can provide my phone number to further discuss if necessary. Thank you!!

Jim's Reply:

No...you will not lose any benefits if you test positive for any drug use whether legal or not. You may lose prescriptions to controlled drugs like pain meds but your disability benefits are predicated on the disability and nothing else. Your doctor may offer you a rehab program or not. If you think you may have a problem, go for it...otherwise, no worries.

Question:

My wife and I applied for caregiver for me since I was diagnosed 100% PTSD, 50% sleep apnea, 10% hypertension, but the VA denied our request. They said I am not eligible for care from facility or from other person. My wife had to retire to assist me with my daily needs. Please help!

Jim's Reply:

The decision to deny caregiver benefits is made within the medical facility. Your must appeal to the director of the facility. You'll have to follow the process to the letter to have any hope of prevailing. You may well benefit by having an IMO done. Find out how to get one here.
 

This is all explained in detail here https://www.va.gov/vhapublications/ViewPublication.asp...

Good luck!