Benefits

Question:

I recently was asked to do labs at the VA. I informed them I would not consent to a drug screen and that they didn't have my permission if they wanted to do that. They drug screened me anyway and I tested positive for THC. I'm mad as hell. I told them, "No drug screen" and they did it anyway. Does this mean the VA can override my medical decisions and do what they want?
 

One of the nurses drawing the blood said the VA was testing to see if I was taking my medications or if I was selling them. Great, but what would I sell? My prostate meds? I'm not on anything strong at all so they told me they would not drug test me, but they did anyway. Legally, if I refuse a drug screen can they do it anyway? What happens if I don't want a vaccine? Can they say ok and do it anyway? Do you know of any case law on this subject? I appreciate any help.

Jim's Reply:

You're right to be upset. I'm not sure I understand who you told that you would not consent to a drug screen but once you say that, there should be no further discussion and you should not have received a drug screen. VA policy is clear that permission...informed consent...is required.
 

Now we should address why you're so upset about a drug screen, You may know that VA doesn't care much if you smoke pot, there are no penalties for substance abuse of any kind. You won't lose benefits, although for anything other than weed you may be offered rehab. If VA is prescribing pain medications for you, the prescriber may interrupt that if you chose to smoke pot. That's fairly consistent with what's up with substance screens everywhere in America now...not only VA.
 

The deal is that VA is treating substance abuse as it should...as a health issue, not a criminal issue. Screening at every encounter is no different than checking your liver and kidneys to be sure they're functioning. Without the lab test your provider wouldn't know you had a problem.
 

I'm a retired health care professional and I agree with the position that every adult should be screened at every encounter. And since we're talking of that, I had a visit with my primary care doctor just yesterday and we reviewed my lab work drawn the week before and he never mentioned my positive marijuana screen. In fact, over the last 20 years not one person at VA has said one word to me about smoking pot. 
 

The best I can offer you is that were I you, I'd reexamine why I'm so upset over a really trivial issue. You can talk with your primary care provider and let that person know that you're unhappy. If you feel it's worth your time, you can escalate to the director of the facility and have everyone wondering why you're so concerned.
 

Some form of marijuana use, recreational or medicinal, is legal in the majority of states. That the feds haven't caught up with that yet is no reason for you to act like you're sneaking behind a bush to get high. Were I you, I'd either quit smoking pot or own up to it. Good luck.

Question:

My husband has castration resistant stage 4 metastatic prostate cancer. We are running out of time. He was in Vietnam in the Navy and exchanged fire with the Viet Cong in 66 and 67 while on the USS Benner. We submitted a claim in 2012 which was denied in 2013. We reapplied again in Dec. 2020 as he now falls under the Blue Water Bill.

The VA is now asking for more info pertaining to how he was exposed while in Vietnam. This was all sent in 2012, i.e., copies of pages in his USS Benner cruise ship describing the exchange of enemy fire and a picture showing him in the Dash Division on the ship. Someone in the VA told us the cruise book from the ship is not an accepted document of evidence. They have to have something from the Department of Defense. Is this correct? The cruise book I thought had to have Dept. of Navy or Defense approval before being published. Hubby is resistant to all the treatments they are throwing at him. Is there something we can do to speed up their decision? How do I get something from DOD if needed?

Jim's Reply:

You need to speak with a professional. An accredited veterans law attorney will be able to assess the history of the claim to look for any approach that may help move this along. Please click https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html, and ask all of the lawyers you'll meet there how they might help. The case assessment won't cost you anything when you call.  All the attorneys you'll see will offer a free case assessment. Good luck.

Question:

For 10 years I have been rated 100% P&T for IHD, plus 40% for PC residuals. I was diagnosed with bladder cancer and hypothyroidism which I understand has been added to agent orange presumptions. Is there any downside to making a claim for those 2 new illnesses? My bladder cancer tumor has been removed and is not presently active. Can the VA decrease my present 100% disability? I am 75 years old. Thank you.

Jim's Reply:

There is no downside to filing for these new conditions. You will not lose any rating and you may gain Special Monthly Compensation...an increase in your benefit. Good luck!

Question:

Jim, I'm a 77 year old Vietnam veteran. My wife and I have been married for over 18 years. Due to Agent Orange exposure, I have been rated 100% Total & Permanent for almost ten years. I'm told that if I die (for any reason) after being rated 100% Total & Permanent for ten years, my surviving spouse will be eligible for DIC. I'm also told that she will be eligible for additional benefits under Section 1318. What is Section 1318, and what is the amount of the benefit, please? Thank you.

Jim's Reply:

Section 1318 is explained here https://www.law.cornell.edu/uscode/text/38/1318 

Question:

I'm currently rated at 80%. 10% for pacemaker, 10% for ankle, 70% for PTSD. Reason for MEB was paracarditis, resulting in bradycaradia w/syncope. In 7 years, I have had 2 syncopated incidents. Should I reevaluate my 10% for pacemaker based on the syncopated incidents? They are talking about replacing this pacemaker and putting in one with a second lead. There is also talk of vasovagal syncope resulting from the pacemaker.  Am I wasting my time?

Jim's Reply:

Your rating is woefully low in my opinion. I see a potential for 100% with little fuss. I'd urge you to file claims to increase the rating for the pacemaker as well as the associated conditions you speak of. Good luck.

Question:

My claim is at the BVA in the cue. In their letter, the BVA explains to send any additional evidence, documentation, etc to their PO Box in DC within 90 days which was accomplished... Nevertheless, upon tracking the package; the USPS noted that the package was never delivered to the BVA's PO Box. Instead, the package was redirected/rerouted to the VA's intake center at Janesville, WI. I requested the USPS to investigate this unusual situation. According to the USPS, all packages to the BVA are being redirected/rerouted to Janesville but is clueless to why. Of course, the BVA is stating that they too do not have a clue of mail being redirected. Very frustrating and disappointing feeling helpless. Have you or anyone else within this community heard anything about BVA redirecting mail, evidence, etc to Janesville. It would be very disappointing for the BVA to deny a veteran's claim for lack of evidence, etc. because the required evidence was redirected. Thank you!

Jim's Reply:

Some years back it became apparent that maintaining some 75 + mailing addresses for receiving evidence and other mail just wasn't working. VA decided to centralize mailing to 2 locations where all documents could be converted to electronic files that are then uploaded into your electronic file.
 

The Postal Service won't know why mail is redirected when you ask, their job is to redirect it once VA has made that decision. And as before, VA made that decision and that's why your mail was correctly redirected. 
 

I find it a bit hard to believe that anyone at BVA would tell you that, "they too do not have a clue of mail being redirected" since this has been a standard practice for years. If you spoke with a clerical person I guess they could be clueless about those details but otherwise this isn't a secret. Rerouting it all to Janesville is a huge project that's ongoing for a long time and not yet complete.
 

VA started the scanning and uploading of documents to a single centralized electronic file a decade ago as a part of the project to upgrade the Veterans Benefits Management System (VBMS). When the decision was made to centralize all that scanning of incoming paper documents, Janesville, WI was chosen because it is uniquely positioned as a city that already manages huge volumes of insurance paperwork and the VA operation fit right in. There was another location in Georgia for a while but it was closed in favor of all documents heading to Janesville first.
 

If your documents were delivered to an address for which you have a receipt to confirm delivery, you're good to go. Good luck!

Question:

Jim, I am rated 70% PTSD with major Neurocognitive diagnosis, and 10% Tinnitus. I have been awarded, TDIU Total and Permanent. Evidently, I have been wondering at night, sleep eating, and not handled finances well. In general, I've been have been doing some unsafe things like leaving stove on. I applied for SMC aid and attendance. I was sent for a C & P evaluation for PTSD and TBI. Have I messed up and can they lower my rating?

Jim's Reply:

No, you haven't messed up and no, your rating won't be lowered. I'll guess that the worst that could happen is nothing...your rating stays the same. But then again...you may get an increase! Hang tight...you'll do OK.

Question:

I am fighting a fiduciary decision against me.  I am an MST victim and don't want anyone over my money.  I have PTSD rated at 100%. I do not trust anyone with anything, yet when I told the C & P rater that sometimes my son pays a bill, all hell broke lose.  How can I fight this decision? It's causing so much stress, I feel helpless. 

Jim's Reply:

I agree with you...I wouldn't want a fidu appointment either. Your only real option is to speak with a veterans law attorney. You should call one or all the lawyers you'll meet at the link below. Each of them will be happy to review your case with you for free.
 

https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorny.html
 

I'd advise that you start calling lawyers right now. Once the fidu is appointed it's very difficult to be rid of them. Good luck.

Question:

I am service connected for PTSD, diagnosed with heart disease in 1997, and got a heart stent the same year. Would I be eligible for agent orange benefits?

Jim's Reply:

Did you serve in Vietnam or another region where VA has verified agent orange or were you diagnosed with heart disease while active? If so, you may be eligible for benefits for Ischemic Heart Disease (IHD) and you should apply for that disability benefit. Good luck!

Question:

I have been finding a lot of things online about claiming sleep apnea secondary to tinnitus and there have been some studies on this but seems like the VA doesn't like approving this. How can I get these connected? I have service connected bilateral hearing loss and tinnitus.

Jim's Reply:

You're correct...VA doesn't like approving such secondary claims because the evidence is often hard to understand and to apply to your injuries. Much of what you're reading isn't conclusive and grounded in years of further research so it's pretty easy to deny.
 

However...if you have an expert scientist, a medical doctor or a clinical psychologist, who will look at you and your situation and thoroughly review your records and then make the link for you as an individual, you can often make these connections.
 

The Independent Medical Opinion (IMO) is the key to success in so many claims that it's difficult to understate the importance of such an addition to your claim. In almost every claim the IMO can be the element of evidence that makes the difference between prevailing outright or entering the years long appeals process. 
 

You can read more about the IMO here https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html