Benefits

Question:

Good Morning Jim,

I wanted to know how we can fix when VA examiners who takes our statement out of context during a C & P evaluation?  recently had a examination done for my lower back pain. The doctor asked me if there were any changes or improvement in my condition. I specifically explained that my condition has been the same since my last visit, if not worse. I recently received my decision on my claim and was notified that the doctor advised that my condition has been improving and my rating was reduced from 40% to 10%. You can imagine how heartbroken I was. How do I correct this mistake?

Jim's Reply:

The vagaries of C & P exams are daily fodder for never ending discussions about how to correct the errors the examiners made. The reality of it all is that there is no way to correct what you believe is an error in a C & P exam report. The VA disability rating system, like all things VA, is a process. We get our best outcomes when we follow the process to the letter.
 

The C & P exam isn't always or even usually the reason for a denial, there are a ton of other factors that can influence the rater so when you look at a denial, be sure you aren't blaming the C & P exam too quickly. Having said that, the C & P exam is too often the reason for an unjust denial. The C & P exam is most often done by a contractor who is a part timer...moonlighting at a side gig is the way it's usually phrased. The exam may be conducted by a relatively unqualified person rather than an M.D. who is seriously concerned about your health and well being. A nurse practitioner may not be qualified to evaluate your complex TBI and loss of an arm in combat 10 years ago.
 

The only way to fix a bad C & P report and benefit denial is to appeal the denial and obtain an Independent Medical Opinion (IMO) from an expert physician or psychologist who understands how the VA disability system works and what the rater needs to read. The IMO provider is a board certified practitioner who is familiar with all the rules and regs that VA puts on us when we apply for disability benefits. 
 

The IMO provider isn't a magician...if you don't have the evidence in your record to support your claim, the IMO doctor can't help. But if that evidence is there the IMO doc can put that in a format that will override the C & P exam report and win the benefits you earned.
 

For more, click here https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html  

Question:

I read your UCX Facts and did not see VA disability compensation as a factor that would reduce UCX benefits. Can you explain why?

Jim's Reply:

I didn't write the piece that I believe you're reading but although VA disability compensation isn't specifically mentioned, I think there are enough references to understand that in most instances VA disability compensation will have an effect on unemployment compensation. 
 

Most notably, "The law of the State where you file the claim will determine your weekly benefit amount, the number of weeks paid, and other program rules."  For example, in my state of Florida the rules say, "You may be unable to receive benefits for the following reasons: You are receiving income, such as retirement pay or severance pay." That "you are receiving income" alone would disqualify you.
 

UCX is determined in large part by the state so for the details, you have to look for data at your state level.

Question:

Hello Jim,

First off, thank you for your service. I have pre-existing flat feet from before I joined the army. I want to know if there’s any way I can get a honorable discharge without a medical board. I’ve been seeing a doctor for months now and he told me that I’m going to get discharged. I don’t think I deserve VA Benefits, all I want is Benefits that come with an honorable discharge. At this point, I want to get out of here as quick as possible and I was told most med boards take a year. Is there any way I can get a chapter for this or I can tell the med board that I don’t want VA benefits?

Jim's Reply:

No, you can not and should not try to avoid benefits. While I understand your frustration at the med board process, the best thing you can do for yourself and your future is to chill and let the process occur.

The med board process is a clunker but there seems to be no way to avoid it that I've found. Hang in there, let the process work and 30 years from now you'll thank me.

Question:

Jim,

I was approved for aide and attendance and awarded the highest scheduled rating for mood disorder. The problem is, back in 2014 I appealed the mood disorder at the same time I filed for aide and attendance. I was granted 100% evaluation for TBI -  formerly rated as mood disorder. But when I was granted aide and attendance, it stated at the bottom of my 100% approval for TBI formerly rated as mood disorder, "This is the highest schedular evaluation under the law for mood disorder."
 

How can they in one sentence grant me a TBI disability and then grant me highest schedular evaluation for a former rating of mood disorder? I do not understand this at all.

Jim's Reply:

I don't understand it either. However, I see so many typos in VA awards that I'd write this one off as another mistake if your benefits are being paid to you as they should be.

When a VA employee authors a document like an award letter, they usually grab relevant text from elsewhere and then copy and paste it into the document they're working on. This leads to a lot of errors that confuse whoever tries to interpret what they're reading. 

If your benefits are being paid to you in the correct amount and in a timely fashion, I wouldn't pay any more attention to this apparent mistake. Trying to resolve something like that with VA won't be easy if it can be done at all.

Question:

Is there an age limit re-taking the DBQ’s for disability determination?

Jim's Reply:

No. But I'm not sure what you mean by "re-taking" a DBQ? If you've been denied a claim, you can appeal and any DBQs you need can be submitted then. Good luck!

Question:

Jim, do know of any doctors in South Carolina that write nexus letters?

Jim's Reply:

You don't want or need a doctor nearby, you need and want an expert in disability medicine who knows what VA needs to approve your claim. You'll never meet the doctor face to face, all that's involved is a review of your medical records so the doctor can form an opinion and write an Independent Medical Opinion (IMO) to support your claim or appeal.
 

I've referred to a small handful of trusted physicians and psychologists for many years and I know they do a good job. If you have a well grounded claim or appeal, talk to any or all of the doctors you'll meet here https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html 
 

Good luck.

Question:

Hi Jim, I was wondering who I need to contact regarding a correction on a death certificate. My husband died and his mom put that we were divorced on his death certificate. She knew we were married for almost 20 years. We didn't get along. I sent the information to vital records to have it corrected, but they denied me because the informal is his brother and he disagreed. The reason they are doing this is to receive my husband's benefits. His mom said she is his only survivor. What can I do to change the mistake?

Jim's Reply:

If you've been denied by the authority that is there to make such corrections, you have little choice but to seek an attorney to guide you. I'd suggest that you talk with a couple of personal injury lawyers in your region and seek their advice as to how to proceed and choose the lawyer who you think will best serve you. Good luck.

Question:

I am currently a CSRS retiree as of August 2009. I am currently 70% Disabled Veteran with a 100% Special due to service connected cancer. My question is this, Is my CSRS pension considered "Receipt of Federal Employees' Compensation?" I received my annual notice in the mail and this form was in it that said "What Things Affect Your Right to Payment." It indicated to notify VA immediately if... this box was on the form about Receipt of Federal Employees' Compensation.

Jim's Reply:

I'm not sure which "annual notice" and form you're talking about? The VA doesn't send out such a notice so you must be talking of a notice from your prior government employer? 
 

Since I'm not all that familiar with notices sent to former employees all I can think of is that if you receive a VA pension, the CSRS income could make you fail a means test. Otherwise the CSRS income won't have any effect on your TDIU benefit. The only income that counts then is earned income via gainful employment which retirement income is not. If this isn't helpful you'll need to look to the people who sent you the notice to determine exactly what the point of it was. Good luck.

Question:

Hello Jim. I just read the response from January 22, 2021 to the person asking about a flag for a Veteran that did not receive a flag for their service. My Father retired from the Air Force in 1969, was in the Korean War during time in the Navy and Thailand in the Air Force during the Vietnam War. When I retired from the Air Force in 2003 he attended my retirement and was amazed with the flag folding ceremony and the passing of the flag to me. I asked if he received a flag when he retired and his response was no. Could I also have a flag for my Father? He turns 90 on the 22nd of February. I know time is short but if I could get him a flag it would be appreciated even if delivery is after the 22nd. For Christmas we bought him a new flagpole for in front of his house but this flag would be treasured inside the house. Thank you.

Jim's Reply:

The response you read was resolved pretty easily. The bank staff hadn't thought of asking their local VVA and VFW chapters for help and apparently the response was very positive. If you'll talk with your local veterans organizations, you'll get a flag and a presentation. Good luck.