Benefits

Question:

Jim, where can I get a copy of my Total and Permanent award letter?

Jim's Reply:

You'll need to register over at VA.GOV and follow the instructions where you see the Records tab. If you aren't already registered this can be a bit of a challenge and I don't recommend doing it on your phone. Your VA is currently in the process of redesigning the way we access all our VA accounts and day to day we never know what we may encounter.
 

Once you're all set you can customize your benefits letter to meet your needs. Good luck sir.

Question:

As a Vietnam veteran I have been 100% TDIU for 18 years. I was recently contacted by VA and advised to file for presumptive issues of MGUS and Hypertension. If I file for presumptive conditions, could that affect my TDIU status? Positive influence or negative? Thank you for the counsel you provide for all vets!

Jim's Reply:

Applying for the additional conditions will not have any negative effects on your status. You may find yourself with a rating for high blood pressure and that opens the gate to a dozen secondary conditions (IHD, PAD, CAD, RAD and more) all brought about by hypertension. This should be a move in the right direction for you. Go for it. Good luck sir.

Question:

Jim, I appreciate your help and time. I communicated with you on this previously. I’m have a 100% temp rating for inactive prostrate cancer. Watchful waiting. Private sector doctor. 2nd biopsy in March of 22 revealed the exact same. Today I get a letter and it makes me think they want to re-rate me in six months. I HAVE NOT BEEN CURED. Letter: “ Following the cessation of surgical X-ray, antneoplastic, chemotherapy or other therapeutic procedure the rating of 100% shall continue with a mandatory VA examination at the expiration of six months. If there has been no local reoccurrence or metastasis you shall be rated on residuals such as voiding or renal dysfunction, whichever is predominant, Doc & I agree that nothing will be done in regards to chemo, etc at least until there is a change in the cancer. Next biopsy is 3/2024. Then, of course, there’s no name or tel# to discuss. Thanks Again.

Jim's Reply:

You're scheduled for a Compensation & Pension (C & P) exam at 6 months as a matter of routine. You'll be scheduled for C & P exams randomly in the future as long as you choose watchful waiting. If you've had no treatment, your rating won't change.
 

This makes no sense at all but this is the way things are done at VA and to get yourself upset about it won't help. If you decide you don't want to go, that will end the benefits for the time being. Go to the exam, be polite to the examiner, have lunch and enjoy the day. Good luck sir.

Question:

My son is a veteran and has below knee amputation. It is not service connected. How often will the VA approve a new prosthetic? He has a lot of trouble with leg not fitting right.

Jim's Reply:

There is no particular schedule for replacing prosthetics. Each prosthetics department is responsible for timely replacing a prosthetic on a 'need-to' basis when the device is either worn beyond its useful life or as in your son's case, there may be an improper fit. If your son is receiving his prosthetic services from VA he needs to work with the team caring for him to determine any future needs. Good luck!

Question:

I was just awarded TDIU. I own a barbershop will that affect me as far as being above the poverty level?

Jim's Reply:

I'm not sure I understand? In the application process for TDIU you're supposed to reveal your income and ability to work and to show that you're not able to work because of service connected rated conditions. 
 

But somehow you didn't reveal that you owned a business that likely produces a significant income for you as well as requires your day to day supervisory or management attention if you aren't actively working as a barber?
 

Since I don't know your whole story I'll try to cover a few of the details about TDIU. The TDIU rating provides the veteran who has service connected conditions preventing him from working a 100% benefit even though the ratings of those conditions don't add up to 100% disabled.
 

If the veteran has a single 60% rating or multiple ratings (of which at least one is 40%) and that add up to 70%, the veteran may be awarded the TDIU rating which is a 100% rating with all the benefits of that tier. (Read more about TDIU)
 

One of the points of determining TDIU eligibility is the veterans ability to work enough to earn an amount above the national poverty wage or level. In broad terms most Americans earn an income by working for an employer so the year to year wage is pretty simple to determine. Some veterans (like you) are self employed, employed in a family run business or other similar business entities so it's a bit harder to determine just how much that veteran is earning as a paycheck.
 

VA tracks the income of the TDIU veteran by monitoring their SSA and IRS accounts and if anything out of the ordinary pops up, the veteran will be notified and asked to complete a VA Form 21-4140. 
 

In your case I'm struggling with a good answer for you because I don't understand why you applied for TDIU if you're actively working as a business owner? I have to assume that a barber who owns his shop is either working day to day himself or has a business productive enough to employ other professionals to work for him. That doesn't make it sound as if you are eligible for the TDIU benefit and that could be an issue for you.
 

If during the application process you didn't reveal that you are a working business owner with an income higher than the poverty level, I'm not sure what to tell you other than that you may have a problem and the best I can tell you is that you'll want to speak with a veterans law attorney.
 

Otherwise, study the rules and regs that cover the TDIU benefit and be sure that you don't cause yourself any unnecessary troubles.
 

Good luck sir.

Question:

Can a veteran and his caretaker (that’s currently a part of the caregiver program) apply for other resources such as In-home Supportive Services (IHSS)?

Jim's Reply:

Yes, absolutely...you should carefully consider the positives and negatives of applying for other helpful programs and apply for those that won't require offsets, etc. Many programs won't allow for 'double-dipping' and you can often end up with a lot of paperwork for the same $$$ amount in benefits. Good luck!

Question:

I'm 75 years old. According to the "55 year rule," I shouldn't be scheduled for re-examinations anymore. However, the VA continues to cut my benefits if I don't show up. What's the deal with being 55 years old?

Jim's Reply:

I've never heard of a '55 year rule' and can't think of anything that would come close. To my knowledge there isn't any such rule and if you're scheduled for an exam you must show up. 

Question:

I filed a Intent to file to file a claim for compensation, increased rating. My claim for increased rating was received within one year from the date my intent was received by the VA. I was awarded the increased rating. The effective date of award was the date the VA received my claim for increase. Should the effective date reflect the much sooner intent to file date? Or, does the intent to file not apply to claims for a increased rating? If the intent to file date does apply to increased rating claims, what do you recommend I do to get the intent to file date?

Jim's Reply:

You should file an appeal of the decision, particularly the effective date. This is an example of sloppy paperwork by VA and you should be able to fix it without much issue. Good luck!

Question:

Hypertension is on the Agent Orange list. I am on medication. I am overseas so I won't get a C&P. So I went to my heart doctor with a DBQ. The VA standards are much higher than the American Heart Association. According to the VA if it's presumptive you don't have to prove anything. Is that correct? Thank you.

Jim's Reply:

Although a particular rating may be 'presumptive', the veteran must still meet the standards and qualifiers that exist to be eligible. That you're overseas doesn't mean you won't get a C & P exam, that will depend on where you are and the availability of examiners. If you believe that you're eligible for a benefit, apply and VA will tell you what to do to complete your claim. Good luck sir.

Question:

Hi, Jim, I am double service connected. I have a 100% schedular rating and I am rated TDIU P&T. My question is, does this mean I am also considered 100% P&T even if it doesn't say it in my letter? Would there be any benefit or liability if I tried to get VA to drop the TDIU P&T and just rate me at 100%?

Jim's Reply:

I'm going to assume that you're looking at your eBenefits account and that you see both ratings. I'll also assume you're only being paid for a single rating. This is an all too frequent occurrence on eBenefits and the fact is that you aren't rated with both. If you're being paid for one rating only, you don't need to do anything.
 

If you're being paid for both benefits, don't spend the money...VA will want it back eventually. Good luck.