Benefits

Question:

My little brother suffers from PTSD . He has been to the Gulf and Afghanistan. He has lost everything, and foreclosure will happen soon. He won't come out of his house. We have to pay his bills, including food. Any advice?

Jim's Reply:

The best I can offer is that you should do your best to get him to the nearest VA health care facility as soon as you can. Mental health issues are best dealt with by the pros that help veterans every day and every VA health facility is ready to see him right now. Getting him help is the best thing you can do. Good luck.

Question:

I had service connected Hep C since 1975 but it was not detected until 2002. After several treatment attempts, it was finally "cured" in 2008. In 2009, I was diagnosed with diabetes. I submitted for Hep C disability in 2012 but was denied. I just submitted for disability for both conditions in 2022. Is there a possibility I can get back pay for the Hep C and going forward a disability for diabetes where I am now borderline type 1?

Jim's Reply:

If your Hep C was cured in 2008, it is no longer a disabling condition in 2012 and thus you can't receive disability benefits for a condition that you don't have. If you were diagnosed with DM in 2009 and you just filed for compensation, that leaves me very confused. Why would you wait that long?
 

I don't see any path forward for any sort of claims for the Hep C and I'm not at all sure what the service connection is for your DM claim? If you aren't a Vietnam vet with agent orange exposure, what are the reasons that you believe the DM is service connected? If you are an agent orange qualified veteran, the DM claim will be more or less automatic.
 

Good luck sir.

Question:

I was in Vietnam from 1968-1969; and was attached to an infantry company as an artillery RTO from my artillery. I was with this infantry company from early June (the first week) to sometime in October 1969. However, it is not recorded on my DA 20, that I was attached with this company. Who do I go to for help in this issue? I would like it noted that I was attached to this infantry unit. Thanks!

Jim's Reply:

I'm not sure what a DA20 is but I think you may be referring to your DD-214 document. In any case the NPRC is the place to turn for help. Good luck sir.

Question:

I have a 40% rating following an ankle replacement. It was noted “with complex regional pain syndrome”. Can I also apply for cavus disability rating in the same foot?

Jim's Reply:

Your pes cavus may or may not be associated with the ankle replacement and yes, I believe that you should apply for that as the pain you experience may cause you even further reductions in your mobility. Good luck sir.

Question:

While on active duty, I had an ECG show a 1st degree AV heart block. I just now saw this in my records after being retired 4 years and with only a 10% rating for a palm scar. Can I submit the active duty ECG with a new claim to get the 30% rating? Thank you!

Jim's Reply:

Is the heart block a disabling condition for which you're being treated with medicine? If so you should file a claim.
 

Otherwise the finding of a 1st degree heart block isn't at all unusual and it generally isn't disabling and requires no treatment. You can try to file a claim but I have doubts. Good luck!

Question:

My husband and I are getting a divorce after 44 years of marriage. I have a 70% disability rating and TDIU. Is he entitled to half of my disability?

Jim's Reply:

Divorce is never that simple. When you enter the court to finalize the divorce the magistrate will have each of you complete financial statements. Your monthly VA disability payments will be added in as real income and any divorce settlement will be made from that or those figures. 
 

Many vets argue that their disability money isn't on the table and that isn't correct. Although our disability money is exempt from taxation, it counts as income when we complete financial statements. Good luck!

Question:

I'm a Vietnam combat veteran, Navy, and was awarded a 30% PTSD and 10% hearing loss disability by The VA. I'm grateful for the 40% overall assessment given by the VA but I feel that I should have more of a percentage of disability for the PTSD . I receive a pension but is there a possibility for an additional PTSD percentage assessment by the VA?

Jim's Reply:

Any time we believe that our rating should be higher than it is we have to formally appeal the awarded rating. Other than a formal appeal there is no path to an increased rating. Good luck!

Question:

My husband currently gets 30 percent disability for his right knee and has been getting VA benefits for over 20 yrs. He is finally getting knee replacement surgery on that knee because it has him in constant pain. Does he need to file a claim regarding his surgery before the surgery takes place (which is scheduled for next week) or after the surgery while he is in recovery? 

I have seen different eligibility lengths for recuperative ratings. Some say 1-4 months while others say up to 12 months. I just need to know how he files correctly. He did notify the VA that he was having surgery and I think they said you couldn't really do anything until after surgery. Is this correct?

Jim's Reply:

A veteran can't file a claim for a surgical procedure until after the procedure is complete because until the surgery is finished, nobody can be sure it will be timely completed, etc. He could check in, find there's a reason the surgery can't be done and then what?
 

In any case once his surgery is completed he will receive a temporary 100% recuperative rating for a few months. Generally speaking, the 100% benefit is supposed to last about 6 months and he'll be notified of a C & P exam and once that's completed he'll receive a new, permanent rating. The differences in timing to get the C & P exam are mostly based on scheduling issues...VA never has enough examiners so his 100% benefit may last a year or longer. Good luck!

Question:

Jim, I have written you several times and your answers have been dead on. Here is another one, I am retired Air Force and am having a hard time remembering my effective dates of assignments. Who would I call to get them? The main one I was looking for was when I was stationed with the Egyptian Air Force for my remote assignment. I saw where Egypt had been added to the Burn Pit registration and after 13 months there I could be eligible. Thank you for all you do for each of us.

Jim's Reply:

Thanks for your kind words!

Your DD-214 should have all your assignments as well as the dates, any awards and so on. If you're like so many of us and you can't find your DD-214, get in touch with the NPRC and they'll help you get a copy as well as other records. Good luck sir.

Question:

Hi Jim, I am 80% Disabled by the Army and 100% due to unemployability. I have been 100% since 2009. If I started a business would my benefits and or unemployability be taken away?

Jim's Reply:

The TDIU benefit is awarded based on the assumption that the veteran is disabled to a point where he/she isn't able to work and earn 'gainful employment' figures. Gainful employment means any income over the federal poverty limits. The letter U in TDIU stands for unemployability after all.
 

So...if you start a legit business and you're registered in your state as an LLC or similar, you should know that VA is tracking your taxable income and if you should earn more than allowed, you'll soon receive a VA Form 21-4140 asking you to explain the extra income.
 

If that happens you could very well lose the 100% rating that TDIU brings with it and you'd be reduced to the 80% of your underlying rating.
 

I've always thought that most of us would much rather be working at a productive labor of some sort than lying around collecting our benefits. I encourage anyone who may find a way back to work to do so and not think about their rating so much. If you start your business and it isn't a success and you don't make any money at it, you're still covered by your TDIU income.
 

Should you be successful and you begin to earn a lot of money, even though you may lose the 100% rating, well...you're making a lot of money and now you aren't unemployable. 
 

Good luck in your endeavor sir.