Benefits

Question:

My new doctor had an issue with my positive test for THC UDS. I retested negative but he didn't sign off on refill of back pain medication until my next appointment. I went 2+ days without the pain medication I have been on since 2004 for back issues, How do I find out the procedure used around pain medication and testing positive then retesting negative for THC? Is it to immediately stop without consultation? This happened while going through 10+ pain due to a new back injury. I appreciate your help to us vets.

Jim's Reply:

Marijuana is still illegal. That isn't a VA policy, it's a federal law. The procedure for terminating your narcotic medication is pretty much the same as that used for testing employees although your risk is losing access to your narcotic meds. 
 

VA publishes a lot about policy and procedure and then doesn't usually follow most of it. You should be given informed consent to test for marijuana but nobody ever is.
 

To answer your question, in practice all narcotic medications are usually stopped immediately upon testing positive for substance abuse. The usual VA primary care provider isn't going to have the time to notify you or debate whether or not you should have your prescription. Most VA doctors, in my experience, won't bother with testing you a 2nd time, they just refuse to refill pain med prescriptions.
 

This draconian approach to marijuana use isn't only at your VA, the DEA has most civilian providers following similar protocols and of course there are nationwide drug tracking programs so if you shop around for a provider, you'll be noticed.
 

In the end the DEA has made it so that you will either give up smoking pot or give up your narcotic prescriptions. Good luck.

Question:

My husband served in Vietnam. His PSA kept climbing. We found a doctor to order an MRI outside of the VA. Can we submit for compensation with the MRI result without doing biopsy.

Jim's Reply:

Yes you can. Whether VA will accept it is another matter. Using MRI to diagnose prostate cancer is a relatively new concept and his medical records must be very clear that the diagnosis is confirmed. Be prepared to appeal. Good luck.

Question:

Jim, I was recently diagnosed with prostate cancer. My doctor and I have decided to watch and wait. I have just filed a claim. I was in Vietnam '69 - '70. Do I qualify for 100 percent disability until I die or have treatment done?

Jim's Reply:

Yes. From the date you file the claim you will have a 100% temporary rating. A future exam will be scheduled assuming that you will have treatment and that the cancer will disappear. When you show up for that future exam and you haven't had any treatment...you will still have the cancer...and your 100% rating will continue.
 

Repeat until you decide to have the cancer treated or more likely, die of another cause. 
 

I'm a "watch and wait" (active surveillance) champion. As I've aged my PSA has climbed slowly. A year ago I saw a urologist who advised that I should have a multi-needle biopsy under general anesthesia even though I have no symptoms and nothing is felt on the DRE. I declined. I had routine labs done a week ago and my PSA has dropped 3 points.  Oh well.
 

At some point along your journey with VA they will make a mistake and determine you've been treated and they'll try to lower your rating. VA really doesn't get watchful waiting and they'll ignore it if they can get away with it. Be prepared to appeal and don't let them make you crazy. Good luck!

Question:

I am 100% unemployability I have invested in some small stocks will this affect my status?

Jim's Reply:

No. Unless this becomes a primary occupation and earns you enough money to qualify as gainful employment, you have no worries. If you hit it big and get rich, you'll want to revisit this but otherwise, no problems.

Question:

My husband was diagnosed with non Hodgkin's lymphoma in September of 2020. We filed a claim since he was a Corpsman for the Marines while in Vietnam for 13 months. How long does it take before any word? Since the diagnosis they also found a tumor on his left kidney that needs to be removed. The VA phone people are very inconsiderate. Can you give me some advise please?

Jim's Reply:

If you filed a claim in September 2020 and you've not received any notice that the claim is being worked on, I'd have to guess something is wrong.
 

As a rule when a claim is received in Janesville it's scanned into the system and the beneficiary is sent a letter that the claim is being worked on. There should also be a notice in the veterans eBenefits account saying much the same thing, that the claim is in process.
 

This happens whether or not the claim is making any real progress in the adjudication or not. Thus, when you indicate that you've not heard "any word", I'm concerned.
 

You didn't tell me how you filed the claim but if you used the services of a VSO that's the place to turn to. If you filed it yourself, you should have the appropriate records and receipts to prove you filed.
 

In any case, if you haven't received any word by now, you should consider filing the claim again. Good luck.

Question:

I am 71, I just had a pacemaker put in due to non-reversible symptomatic bradycardia. About 5 years ago I applied for VA benefits. I was told at that time that I made too much money to qualify. I also have neuropathy in my feet and ringing in my ears. The doctor has me taking four 300mg capsules each day for the neuropathy. Should I reapply for benefits?

Jim's Reply:

If you were denied a benefit because you make too much money you must have applied for a VA pension benefit rather than a VA disability benefit. If your pacemaker implant was service connected you may have qualified for disability benefits but not pension benefits. You should reapply if you believe that your pacemaker and other conditions are service connected. Otherwise, you'll get the same answer again.

Question:

Hello, I have a P&T rating of 100% for PTSD. I understand that this means that I can work or go to school. However, I worry that trying to work or go to school would then be used as evidence of improvement of my PTSD. Is this reasonable? Does the VA do this? I have been hospitalized many times for suicidal ideation, and I worry that if it happens again, it would mean loosing any job I might have. I would hate to loose my benefits and then find out I can't hold down a job. Thanks for any insight.

Jim's Reply:

A Permanent and Total (P & T) rating means pretty much just that. VA isn't looking over your shoulder to see if you can work or not so if you are able, do go back to work.

The permanent assignment is given to a rating on the assumption that it's very unlikely that you'll be successful in returning to work. Even if you are successful the rating is there just in case.

I think that work is it's own reward so I encourage everyone to do whatever they're capable of knowing that your benefit is there if you stumble. If you're successful in a return to full time work, even then you've got no worries. VA recognizes that you earned the benefit and won't be coming after it.

Good luck.

Question:

Hello Jim. I need a little help please. My husband was sent to Vietnam January of 1970 after basic and AIT and was sent home via medivac in December of same year. Our first son was born in 1970. Our second son was born in 1973. Our second son was diagnosed with mental retardation before the age of 2. At the age of 31 he developed endocarditis which required open heart surgery. During the surgery, he had a brain stem stroke. The head of the cardiac surgery and the surgeon that took care of my son told me that my son had 4 bicuspid valves. No tricuspid. Since my husband was 90% service connected; Agent Orange included, is it possible that the heart defects in my son's heart, which caused my son's death, could have been related to or caused by Agent Orange exposure by my husband?

Jim's Reply:

The question I can answer is, "Do I believe that agent orange may have contributed to the birth defects of your child?" The answer is, "Yes, yes I do."
 

However, my opinion carries no weight since the government long ago decided that the only birth defect that agent orange is associated with is spina bifida. 
 

In other words, although you and I suspect that agent orange caused or contributed to your child's illness, we can't prove it so we have no recourse. There are any number of articles published and you can Google search to find more. 

Question:

Hi Jim, I have recently been awarded a 100% schedular disability rating for PTSD. If I am able to find permanent work, will this lead to a reduction in my benefit? Also, if I start a Chapter 31 training program, will this reduce my benefit? Thank you.

Jim's Reply:

No, working will not affect your benefit. Neither will a C-31 training program. When we are rated as 100% P & T with a schedular rating, we're allowed to pursue and hold gainful employment. Good luck.

Question:

Hello, I got medical discharge from the army in February 2020, right before COVID hit. Since I have been unemployed, can I apply for PUA?

Jim's Reply:

Yes, you may apply for PUA. Whether it will be awarded to you is a different story. Benefits and application procedures vary from state to state. There is one sure way to discover whether or not you're eligible...apply.
 

Go for it. The worst that can happen is a denial. Good luck.