Benefits

Question:

I receive 40% disability for hearing loss I was told that I am a candidate for cochlear in my left ear if I decide to go ahead and get it would that increase my disability rating.

Jim's Reply:

Probably not. Your final rating will depend on the success of the surgery as well as the hearing loss you may have in the other ear. In fact, if the implant works well and you can hear, many would say that your rating should fall. However, since cochlear implants are viewed as hearing aids and you aren't given a hearing test while wearing hearing aid devices, your rating is likely to stay the same.

Question:

Jim,

I retired from the military in 2003. Since then, I developed Type 2 diabetes. I put in a disability claim prior to retiring and was rated at 60 percent for other items. I put in a new claim for diabetes after the VA diagnosed it, but was turned down. After reviewing my medical record I found a statement from a doctor that said I was diabetic. I went to the DAV with this and was told that I could not claim it. Is there anything I can do?

Jim's Reply:

If you have turned up evidence that you had diabetes while on active duty and you are within one year of the date of the denial of benefits, you should appeal. If more than one year has passed since a denial of benefits, you should file a new claim.

The issue you'll encounter is whether or not what you've turned up is a diagnosis of diabetes that then led to treatment and other diagnostic tests. If you have only a single remark or one blood test that shows a high sugar, you probably didn't have diabetes at that time. Proving that you have diabetes...or any other disease...takes more than a single test or comment from a doctor.

And many or even most of us will develop what is called Type Two Diabetes or DM2 as we age. What was once called pre-diabetes is now usually called diabetes so there may be confusion in your record as to what you actually did have. From the VBA perspective if you had been diagnosed with DM2 prior to 2003 we could assume you'd have been placed on medicine and a restricted diet since then.

In the final analysis, if you want the best chance to win this appeal, talk with a veterans law attorney. Click https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html Good luck!

Question:

Hello, here is my question. Since 2011, I have undergone multiple C and P exams regarding the presence of Prostate Cancer, for which I am service-connected and have never been treated. So I have used Watchful Waiting and Active Surveillance in addressing this possible condition. Included in the past testing has only been one lab exam---the PSA. I have not had a PSA since the autumn of 2020. In this instance, I have been asked to go to a non US DVA facility in May of 2021 to undergo the typical Prostate Cancer test, and the following lab tests: PSA, a Urinalysis Analysis, a Complete Blood Count, and a Venipuncture. Is it legal to require all of these additional lab tests? Thank you for your answer.

Jim's Reply:

Yes, of course that's 'legal' and it's good diagnostics for you. A venipuncture is just a blood draw...don't make it sound more dramatic than it is. If you're a Vietnam vet you're my age and you've had blood drawn more than a few times. Deal with it.
 

You've chosen watchful waiting and I believe that's a great choice...it is my own. I'm not service connected if I do have PC so a rating isn't in question, I just think watchful waiting is often the appropriate choice to make. Prostate cancer 'cures' are usually worse than the disease.
 

So you've been asked to give a little urine and a little blood. That's to be sure that all other parameters in your blood work are within normal limits. If your PSA has skyrocketed and other significant changes are occurring, you need to know and this is a great time for that. This is a part of a good watchful waiting protocol...we don't just ignore the cancer, we monitor it.
 

If you are giving up bodily fluids for lab tests, you'll probably be drug screened. VA is doing that at every opportunity these days and it's nothing to worry about. Again, drug screening is good health care and nobody loses benefits for popping positive. You may get a referral to a drug rehab program but nothing else. If you're smoking some weed, it's likely that nobody will even notice.
 

If you have cancer, your benefits will not be interrupted and if there are any indicators the cancer may be more aggressive, you'll know. Someone is doing you a favor. All in all, a good deal. Good luck sir.

Question:

Jim,

I was awarded 100 percent disability yesterday.. I am married but the amount I received was for a single person. What should I do? I have prostate cancer. I was in Vietnam 1969-70. Thank you for all you do.

Jim's Reply:

When these things happen, and they happen all too frequently, you need to backtrack to the source of your claim. If you used the services of a VSO, return to that service. If you were one who did it yourself, trace your path and send a letter to the address you submitted the claim to. If you filed electronically...well, you get the idea. 
 

Patience and persistence will win the day. Keep records so that if this takes a while you can show receipts for certified mail and so on. Good luck.

Question:

Can my employer deduct my va disability amount from my short-term disability payment? I thought I was entitled to 60% of my civilian base pay but they are deducting my VA disability.

Jim's Reply:

When a beneficiary is eligible for 2 or more types of disability compensation, an offset may be required by either or all of the providers of disability payments. How an offset may be applied will depend on the state you reside in and other factors. If you aren't sure, check with your state employment services for an explanation. 

Question:

I received unemployability at 100% and service-connected at 80%. Can I use dental also?

Jim's Reply:

You are likely eligible for the care but you'll have to check with the eligibility office as well as the dental clinic at your VA health facility. Because of demand and a shortage of dental professionals some facilities aren't able to provide that care and may offer you an alternative. Good luck.

Question:

Currently 100% temp due to cancer. When my mandatory C&P exam to reduce compensation occurs, is 'THIS' the time to bring up the residuals from cancer treatment, or should I file before the C&P exam? At past C&P exams the examiner sits there with a sheet of paper and says, 'This is what I am evaluating today'. C&P Examiner doesn't want to hear anything further. It's never clear to me when to actually bring up all the residuals. Or, should I wait until after the C&P to see if the VA assigns me P&T (I'll be at 80%), due to depression, etc?

Jim's Reply:

The C & P exam is the time for you to make clear any and all residuals of treatments. Be courteous but be firm that you want to express these facts. Don't take all day about it, don't ramble and the examiner will give you their attention. Good luck.

Question:

Can a veteran with employable benefits sit in or help out at a family business. It's all volunteer, they aren't getting paid at all.  

Jim's Reply:

The veteran who is rated as TDIU isn't allowed gainful employment. Gainful employment is pretty much anything that earns you more than the federal poverty wage.
 

You can volunteer for anything and any amount of time you care to give. If you aren't earning a paycheck, no worries. Good luck!

Question:

I am 100 percent disabled. I want to get a second opinion from the Mayo Clinic. Who at VA do I ask for approval for help with travel/ hotels and doctors?

Jim's Reply:
 

I don't understand why you want a 2nd opinion? Is this for a claim? An appeal? For treatment options?

The bottom line is that VA isn't going to pay for your 2nd opinion at Mayo Clinic. If you need a 2nd opinion for a claim or an appeal, we call that an IMO and you have to pay for that out of pocket.

If you're seeking diagnostic and treatment options, your primary caregiver is the place to begin. However, VA isn't big on patients 2nd guessing them and asking to be referred to one of the pricer options for diagnosis. Unless you have something really unusual going on I suspect that VA isn't going to fund this for you.

Question:

My Bother-in-law served in the US Army in the early 60's. He is having some health issues. He has been told he is not eligible for VA health care because he did not serve during a conflict. Is this true?

Jim's Reply:

It depends. Eligibility for health care is generational and then further divided into categories like Purple Heart recipients, MOH recipients, veterans with rated disabling conditions, veterans of a certain age with low income, and such. 
 

You can learn more about the requirements to be eligible for VA care here https://www.va.gov/health-care/eligibility/  
 

If your relative has any conditions that might have been caused by his service he should file a disability claim and that can open the door to health care.