Benefits

Question:

Thank you in advance for any help you may offer. I had a total proctectomy 10/15/2019 at that time I was granted a temporary 100% rating. Since the operation my PSA has increased a small percent every 3 months. My rating has remained throughout this time frame. It appears with the consistent increase in the PSA score that within the next year I will be referred for what is called Salvage Radiation. The side effects from this procedure are at times long lasting. So it now looks like this temporary rating, may stretch to more then 3 years. Is there a point in time where my temporary rating could/should be changed to a permanent rating?  Thank you for what you do.

Jim's Reply:

VA has a unique way of rating service connected cancer. VA believes every cancer will be treated with success and that residual effects are always minimal. Thus every cancer is rated as a temporary condition and even the most severe residual effects of surgery, chemotherapy and radiation therapy will earn low ratings. Veterans may go through cycles of recurrences and C & P exams and then more recurrences without ever getting a permanent rating.
 

The only way to achieve that permanent rating is by asking the C & P examiner to make the statement that your condition is not likely to improve and that it is permanent in nature. The rater will lend that weight and may assign a permanent rating to the condition. Good luck.

Question:

Is VA compensation rating classified as an income and can it be counted as income for rent by your landlord? I was under the impression it is not a countable income.

Jim's Reply:

Of course VA disability is income. What else would it be? VA disability payments are not taxable but otherwise it's just money and everyone will count it as income. If you apply for any benefits VA payments are counted as income, go to divorce court and VA disability payments are income. 
 

Your landlord is correct this time.

Question:

I injured my knee in the DMZ South Korea, I have constant pain in my knee for the last 50 years it does swell up occasionally never gave it any thought is this available for VA care. My brother told me it should be covered.

Jim's Reply:

Aren't you enrolled for VA care? If not, you should be. Register here https://www.va.gov/health-care/  If you're eligible you'll have an appointment with a primary caregiver and you can talk about that knee then. Good luck.

Question:

I had Prostate Cancer in 2019. Had surgery in Sept 2019 approximately 2 months after being diagnosed. I was stationed in Thailand and didn’t know about Prostate Cancer being related to Agent Orange. PSA is down now after my surgery. Am I eligible for any back pay during the time the cancer was active?

Jim's Reply:

Retroactive payments are authorized only to the date that you file the claim except in a few very unusual cases. Prostate cancer that is associated with agent orange is a disease that a lot of vets aren't aware of and many vets miss benefits. Had you filed a claim at diagnosis and you were eligible for benefits, you'd have been compensated at the 100% rate for a few months and then rated on the residual effects of the treatment you had.
 

You should still file a claim for the residuals of treatment. Those disabling conditions are usually ED and a lack of control of urine leading to leakage and the wearing of absorbent pads. The post-treatment rating is usually 20%, 40% or 60% disabled, depending mostly on how many pads you use each day. If your PSA should begin to rise, file a new claim immediately. Good luck.

Question:

Jim, I am a 100% disabled Vietnam veteran who served in the Navy and did 2 tours of Vietnam. My wife applied 5 months ago for CHAMPVA as she is my caregiver. We have not heard a word from CHAMPVA on her approval. How long does it take and is there any way of speeding it up?

Jim's Reply:

CHAMPVA is notorious for losing paperwork. You'll need to be persistent and contact them over and over until they get it right. I can't imagine that anyone has waited 5 months and not gotten aggressive but if that really is the case, it's time for you to get on the phone. It's great insurance once you're established but you have to be very proactive to get it done right. Good luck.

Question:

Hi Jim, I just need to find out if taxable money taken from an IRA counts against one when trying to get Unemployability. This IRA money was put in as pretax dollars and must be taxed when taken out. However, it is not "gainful employment ". Please advise. Thank you.

Jim's Reply:

You're correct...it isn't gainful employment so you shouldn't have any worries. However, fair warning: VA makes a lot of mistakes so keep a close eye on all of this and be prepared to appeal if VA decides to adjust your benefit.

Question:

I have been paying spousal support from my Air Force retirement pay for 27 1/2 years. My ex wife had her own career and draws her own retirement pay, social security, and part of MY retirement. Is there a way to stop this spousal support?

Jim's Reply:

Yes. You'll need to return to the appropriate court to seek an amendment to the stipulations of the divorce decree that ordered spousal support. Seeking an amendment to an order of a divorce court is pretty common and people will seek either increases or decreases because things change over time.
 

It's been a long time since you divorced so you'll need to determine which family court will have jurisdiction over your divorce and once you've done that you need to have a look at how the state laws of that court will affect amendments to your obligations.
 

This is a good time to shop for an experienced lawyer who can represent you in the court. I'd urge you to invest the money in the fee you'll encounter, there will be a fair amount of math and some obscure law involved and your investment will be well spent.
 

To be clear...nothing can happen without the approval of the family court that has jurisdiction. Divorce decrees are court orders and to modify a court order, you need another court order or you could be in contempt. Good luck!

Question:

Hi Jim,

My husband is in jail now. He’s not being convicted but in process of his preliminary hearing. I read on the VA website that his compensation is not being affected until the 61st day of his conviction. My question is, during the trail process, if he is still incarcerated, can he keep receiving his disability compensation normally until he is convicted? Or do I have to start an apportionment process? Thank you.

Jim's Reply:

This article by VA will explain the process of establishing benefits for the dependents of an incarcerated veteran. Good luck.

Question:

I just received 100 % Unemployability rating. What are the benefits? Do I get Healthcare? An ID card? Does my spouse qualify for medical and does she need a healthcare card ?

Jim's Reply:

I've provided what I believe is the best overall view of how the benefit works here https://www.vawatchdog.org/tdiu-unemployability.html  This is comprehensive so spend some time with the new benefits...this is VA so your patience is required. Good luck!

Question:

Is the Vietnam Service Medal enough to prove that a Veteran was actually on the ground in Vietnam for the purposes of a Vietnam related disability? Thank you.

Jim's Reply:

No. The Vietnam Service Medal was awarded to service members stationed in Thailand, Laos, and Cambodia and was also awarded to service members serving in the airspace over those locales as well as the contiguous waters around that region. 

Vietnam service (a Vietnam veteran) is generally considered to have been the service member placing his or her boots on the ground in the country of The Republic of Vietnam. The VSM does not support that.