Benefits

Information on VA benefits, Social Security benefits, how to files claims, and how to appeal denials.

TDIU

Question:

As someone rated for TDIU can I start a farm and not get penalized?

 

Jim's Reply:

Yes. If you farm some of your property for personal use and maybe sell a portion of your produce, you shouldn't have any issues with VA.
 

I say that with the assumption that your personal taxable income from your efforts won't exceed the federal poverty level in your region. The poverty level is actually fairly generous so you should be able to earn enough to make it worth your while.
 

You don't need to ask permission or notify anyone of what you're doing, the VA will monitor your IRS and SSA accounts and if you make too much money, they'll be in touch. Good luck!

 

Death Benefits

Question:

Hello Jim, I am the surviving spouse of a retired Vietnam veteran. He recently passed 5 weeks following a ‘2nd’ AAA, 18 yrs apart, both left & right. He previously (1997) had bypass surgery, mini stroke, and hypertension.


His death certificate states anoxic brain injury, hypotensive shock from ruptured AAA, and cardiovascular disease. Funeral expenses were denied, requiring further med records, etc. I'm currently waiting on a DIC response, but would assume I may receive same determination.


My advocate did not initially submit all medical docs from hospital outside of the VA. I sent them again and the advocate is going to send everything. They are detailed and explain CAD and mention ischemia, bypass, hypertension, his first AAA, and mini stroke.


Any thoughts on how the death certificate reads, or otherwise? I’m trying to determine how much I get involved versus my advocate. We talk often, but the hospital records that weren’t initially submitted was a little disappointing. Although he did believe that the VA would request them. I’m assuming they will not go out of their way??  I am thankful for his knowledge and support however. For what it’s worth my husband also had Alzheimer’s 6 years prior to his death. Many thanks for your Q&A’s.

 

Jim's Reply:

My condolences, I'm sorry to hear of your loss.
 

I'm hesitant to say too much as you seem to have already developed a relationship with an advocate. Too many cooks spoil the broth as it's been said. My opinions may differ from others and while that isn't a sure sign of correct or not, differing methods of getting from A to Z can be confusing.
 

Having said all that...your situation isn't unusual. When the disabling condition called Ischemic Heart Disease (IHD) was brought forth many of us wondered how the single set of blood vessels had been separated from the rest? Ischemic Heart Disease...also called Coronary Artery Disease (CAD) is a disease of the inner lining of arterial blood vessels often called arteriosclerosis or atherosclerosis.
 

IHD/CAD is a disease of all the arteries throughout your body. Sometimes called hardening of the arteries those vessels may clog up over time and if in the heart, cause an ischemic heart attack. If the vessels that clog up are in your neck, you may have an occlusive stroke. If vessels in your legs are affected, you'll suffer from Peripheral Artery Disease (PAD). Kidneys? Renal Artery Disease.
 

You get the idea. Atherosclerosis is present everywhere so how is it that VA decided it was only that small subset? And how did they ignore the Abdominal Aortic Aneurysm (AAA) as well as the Thoracic Aortic Aneurysm? An aneurysm is a weakening in the wall of a blood vessel causing a ballooning that may eventually rupture. Similar etiology is found in all these blood vessel conditions and VA chose one.
 

In any case, if the death certificate doesn't directly mention at least one of his rated conditions, it's likely that you'll need to speak with a veterans lawyer to appeal the decision. 
 

To pointedly insert at least one rated condition is important. In my experience I've seen far too many death certificates that say "cardiac arrest" rather than saying "heart attack coronary artery disease". Of course in death we all are in cardiac arrest...that just means the heart isn't beating. The cause must be accurately recorded. 
 

If you run into any obstacles your next stop is to speak with a veterans law attorney. All the lawyers you'll meet here will be happy to speak with you https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html  Good luck.

 

IU & Working?

Question:

I have a 100% IU rating through the VA for PTSD and a 10% rating for my back they are both service connected. I am wondering if I am able to do work from home (legal and or real estate), in person, or online and not charge or to be able to accept donations instead of charging outright?

 

Jim's Reply:

Yes and no. Right out of the gate...the proposal to accept 'donations' rather than charge people smacks of fraud. You're talking of pretending to not have an earned income when you would have one and VA doesn't like that. So...no, that isn't a good idea.
 

But yes, you are allowed to have an income although at the top end your income from work can't be more than the federal poverty level
 

If you set up (incorporate in your state) a legit business and pay any owed income taxes, the VA will know what your income is by matching your VA file with the IRS and the SSA. If you do not exceed the poverty guideline for your region, you'll have no problems. If you did exceed the poverty level, you'll hear from VA.
 

When you speak of not charging any money, that's called volunteering and it's legit to do that. I volunteered at the VA clinic I used for years and if you look around you'll see that many VA volunteers are TDIU vets who need something to do even if they can't work. Some are there 40 hours a week just as if it were a job and as long as they aren't earning an income, it's fine by VA.
 

I'm a fan of working. I think that productive work is good for us whether we are earning an income or not. If you're able to, go for it!
 

Good luck!

 

P & T? TDIU?

Question:

I received a letter from the VA after my C & P evaluation that says, I'm service connected, that my combined service connection evaluation is 100%, and I am considered to be totally in permanently disabled due to my service connected disability. But what it doesn't tell me, is if I am TDIU or just IU. I looked all over Ebenefits and the VA.gov websites and I can't find anything in my documents that tells me. Does this mean that I have to stop working?  Because during my evaluation I told them that I was working.

 

Jim's Reply:

You won't be either TDIU or IU...you'll be TDIU or 100% Schedular.

VA awards are notoriously confusing. The way to figure out your rating is to print a ratings letter like one you would use for tax exemption. If you are TDIU the letter will make that clear. Otherwise, assume you're 100% P & T and you are free to continue working. For what it's worth, if you were employed during the process, I'd put money on your rating being 100% Schedular. Good luck.

 

PUA?

Question:

My son just started to receive VA disability benefits and is getting PUA unemployment. Should he make unemployment aware that he is getting disability? He is not getting a full disability check as he was only in 3 years. We just want to make sure he doesn't have to pay anything back and that he is claiming correctly. He has not worked since he got out last year. Thank you.

 

Jim's Reply:

As you'll read here, each state sets rules for its own offerings. If the application asks for that information then he must accurately provide any details required. If the application doesn't ask for that specific information, I wouldn't try to volunteer it.
 

Any time we seek any financial benefit we should be very careful to complete an application accurately and truthfully. However, volunteering information that wasn't asked for usually confuses the process and it's best to stay with data the process demands.

 

 

FMP

Question:

Hi Jim, I am 100% Service Connected disabled. I use the VA, and it is the only medical that I have. I am thinking of going to Europe for a couple of weeks, but I am not sure if I will have medical coverage if I need it while overseas. Should I be concerned about this, and if so, are there any options for Vets like me that only have VA Medical? Thanks for all the help and guidance you give to us Vets.

 

Jim's Reply:

You're in luck. The VA runs the Foreign Medical Program that will allow you some comfort knowing that any sudden illnesses can be dealt with. However, since this is the VA we're dealing with, if I were you I'd look into a travel insurance policy to back up the VA offering. It won't cost that much and may save you some problems as you travel. Enjoy your travels!

 

CHAMPVA?

Question:

You have answered questions before regarding CHAMPS VA but your answers are dated (2011) for example. Do you still feel that and is it a fact that CHAMPS is a good plan for my wife 54 and my daughter 23? I am looking into private insurance for at least my wife but it is very expensive. Any new news? I am 100% service related disabled. Thank you.

 

Jim's Reply:

I'm pretty sure I've published a great deal of info about what I think of CHAMPVA since 2011? If you've been searching for "CHAMPS" you won't find my writings since I don't know what that is. If you'll search this Mailbag feature, you'll discover more recent articles.
 

In any case, yes...I believe that CHAMPVA is a very good insurance product. My wife has used it for years and we have no complaints.
 

I'd question whether your daughter is eligible since this is for dependents and at her age, it's unlikely that she's still your dependent.

 

Hypothyroidism

Question:

Hi. I’m a Vietnam vet with boots on ground. I was diagnosed with hypothyroidism several years ago. The medication keeps my TSH in the low normal. Should I submit a VA disability claim and what percent rating would that be? Thank you.

 

Jim's Reply:

While there is evidence that hypothyroidism may be linked to agent orange, there isn't any presumptive link that would allow you to simply file a claim. However, if you are boots on the ground and you have a rating for diabetes, the two conditions may be linked and if so can cause you a fair amount of trouble.
 

If you are rated for diabetes or even if you aren't and wish to establish a service connection, you'll need an Independent Medical Opinion from an expert physician who will review your records for any links to your service.
 

Please click https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html to meet the doctors I refer to. Good luck!

 

Death benefits

Question:

A Vietnam friend of mine died from Non Hodgkin's Lymphoma. He was rated 100% for that disease at the time of his death. Can his rating be changed to 100% Total and Permanent? 

 

Jim's Reply:

I'm sorry for your loss. I've lost a number of Vietnam veteran friends to n-HL over the years and it's very painful. I'm not sure why you're trying to change that piece of your late friend's rating?
 

Typically when a Vietnam veteran is diagnosed with the agent orange presumptive condition of n-HL The vet is rated at 100% and that rating is temporary until such time as initial chemotherapy treatment is given. In the majority of cases when the first round of chemo is administered the veteran patient will experience an immediate and dramatic remission and the cancer will no longer be detectable. Over time the n-HL may develop again and again with more and different chemotherapy protocols tried.
 

At the point of successful treatment in the rating history the 100% will fall to a more appropriate rating to reflect any disabling conditions left from the therapy. If your friend had a recurrence or whatever happened that he passed from the disease, the benefits he leaves behind are the same as if his rating had been P & T at the time of his death. Any vet who dies of any service connected condition will leave dependents with the opportunity to receive DIC benefits.
 

This is typical of how VA views ratings of most service connected cancers and is one more reason the rating schedule desperately needs an update. I don't know of any way to have a change made to your friend's record and I'm not sure of any reason to try.

 

Independent Medical Opinions (IMOs)

Question:

I am trying to find a doctor that will write a nexus letter in the Omaha area that deals with sleep apnea correlation with cervical spine fusion. The VA won't help, my primary care provider wrote "It is possible that cervical spine disease or injury can contribute to obstructive sleep apnea." The appeals judge would like something more convincing. Can you help without sending me to some lawyer that cost arm and leg....

 

Jim's Reply:

You don't want or need a doctor in your region, there is no need for you to be close enough for a face to face meeting. The doctor you choose will arrive at opinions that will develop when your medical records are reviewed.
 

I won't send you to some lawyer that costs an arm and a leg, I will refer you to physicians and psychologists who will charge you a reasonable fee for their work product. Click https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html