Benefits

Question:

Jim, my BASD is 12 May 1975, however my PEBD is January 1975. Am I considered a Vietnam Era Veterans and am I eligible for benefits?

Jim's Reply:

For VA purposes, in accordance with the Code of Federal Regulations Chapter 38 Paragraph 3.2 (f), the Vietnam Era is "The period beginning on February 28, 1961, and ending on May 7, 1975, inclusive."
 

The BASD (Basic Active Service Date) is the only one that counts. The PEBD (Pay Entry Base Date) is a calculation done in finance. You are not a Vietnam era veteran.
 

I'm not sure what benefits you think you'd get? If you didn't serve with boots on the ground in Vietnam during the war, benefits are all the same. I'm Vietnam era 1967-1970, I served in Germany and other than agent orange benefits (which I'm grateful I don't need) there are no other benefits that pop into my mind? 
 

If there's something you think I'm missing please let me know.

Question:

I am a Veteran and I am waiting for the appraisal and closing to move into the home I want in Houston, Texas. I would like to know if that can be in days rather than 4-6 months I was told. Can it be in a week if needing a home?

Jim's Reply:

How long your closing takes isn't a function that VA is involved in. Your VA Certificate of Eligibility (COE) is issued to you almost as soon as you ask for it. The COE tells any lender you choose that you are a vet and you do not have to make a down payment along with a handful of other advantages to you.
 

The COE doesn't approve you to make a purchase. Once you have the COE you still must go through the usual loan approval process with the lender of your choice. How long that will take is up to that lender and their usual approval process. If you are creditworthy and you have all your financial and employment records ready and available for a lender to examine them, the usual lender approval process can be done in a day or less. 
 

Once you have a loan approved...you'll get a pre-approval letter with an amount from your lender...then is the time to start shopping for your home. Find a real estate agent or just go out on your own and find the house you want to buy. There will be mandatory inspections by the lender and the VA and that may take a few days to schedule, or it may be done very quickly. A lot of this will depend on where you are and the type of home you want to buy.
 

Once you've made an offer and the offer is accepted, closing the deal can happen very quickly. From this point on it's just a matter of crossing t's and dotting i's and getting signatures on documents. 
 

I think that if you make all the proper preparations to be prepared for the credit checks by a lender that once you have a letter of credit in hand that you could choose a property and close in a week. That's fairly aggressive and I'd say most folks would take a month or so. 
 

Good luck in your new home!

Question:

I was in supply squadron on Kadena's outside storage yard. We had 55 gallon drums from dry cleaning solvents, pesticides, welding gases, and used gray drums mixed with water as weed killer around perimeter of storage yard. We also used creosote for railroad ties when rebuilding storage racks (got some splashed in eyes). I am not sure what defoliant was used but if I remember right, it was in gray drums. Should I file with DAV for help with constant stomach issues and digestive problems? Thank you for any advice! Served on Kadena '73-'75.

Jim's Reply:

You may have the beginnings of a claim. But first up you need to positively identify the chemicals you're talking about. Then you need to provide some sort of evidence of your exposure to the chemicals you identify...how often, when, where, how, etc.
 

Then you need a medical diagnosis. "Constant stomach issues" is not a medical diagnosis and to file a claim you must have a diagnosis of a disease or condition that may be caused or contributed to by the chem exposure.
 

We are exposed to many industrial chemicals during our service and many of these can cause service connected disabling conditions. To file a successful claim means that we have to be specific as we can about what happened to us. Good luck.

Question:

Question (I'm 80%):  if I do an FDC for increase of percentages and also add new conditions (and secondaries), do I have to fill out both forms---VA Form 21-526EZ and Supplemental Claim VA Form 20-0995 or can you claim everything on one form? 

Jim's Reply:

VA Form 20-0995 is only for use when you dispute a finding. To increase an existing rating you simply file a new claim using VA Form 21-526EZ.

Question:

Are you aware of any Army vets who attended Ranger school at Eglin AFB (Florida) being diagnosed with B Cell Lymphoma as a result of the massive agent orange spraying DOD did there? Thanks.

Jim's Reply:

The best way to find the data you're looking for is to head over to the VA Board of Veterans Appeals (BVA) web site and use their search engine https://www.index.va.gov/search/va/bva.jsp 
 

Enter key word search terms like Eglin and B Cell Lymphoma to return results like these https://www.va.gov/vetapp16/Files5/1640215.txt  & https://www.va.gov/vetapp15/Files1/1502630.txt 
 

You can search different years and use different search terms to further your research. Good luck.

Question:

I am a Vietnam veteran who was been diagnosed with Type II diabetes by my VA doctors and by a private doctor years ago. I am on drug therapy to keep my glucose level under control. When diabetes became a presumptive illness for Vietnam veterans, I applied for compensation having had the illness for about three years prior to the ruling. I had tests results previously taken that indicated high glucose levels despite my medications, but the VA turned down my application because they said I could not prove I have diabetes.

My DAV counselor told me to go off my medication so that I could get 3 high readings in a row, but my doctors told me that if I go off the medication I could risk my health. So, despite my VA doctors writing a letter saying that clearly, if I went off my medication my glucose levels would be significantly higher than the VA compensation board requires, they refuse to grant me compensation because my medication keeps my glucose levels slightly below their requirements.


It seems crazy that the VA will not listen to their own doctors as well as my private doctor, but that is where it is. I am hesitant to go off my medication because of the risk involved while driving or damage that may occur to organs. I would rather not have the compensation than not have good health but this seems so unfair. I thought about complaining to my Congressman about this but my DAV rep told me not to. He said that if I complain, they will go after me in other ways and he didn't want to rock the boat. Any advice?

Jim's Reply:

Your story somehow doesn't sound right. I'm not sure what I'm missing but what you tell me isn't at all how the system works. In fact, your story makes no sense at all. That anyone would tell you to stop taking prescribed medicine so as to get a rating is, well...nuts. 
 

If you are a Vietnam veteran who served with boots on the ground, all you need to file and win a claim for diabetes is the diagnosis. That's it. You do not need a pile of glucose tests, you need a diagnosis and that is all.
 

If a physician says you have diabetes and you're on medicine (or not on medicine) that's all you need to file a claim and be rated for it. There is a reason you're on diabetes meds...you have diabetes. In fact the VA will not run a GTT on you after diagnosis of diabetes, That link takes you to exactly how DM2 is rated, very much unlike what you're telling me you're being told to do.
 

"When diabetes mellitus has been conclusively diagnosed, do not request a glucose tolerance test solely for rating purposes." 
 

You're getting some terrible advice and to be honest, I do not believe that you've filed a claim for diabetes and been denied. If that is a fact, send me the details and I'll help you appeal that.

Question:

I just had a BVA virtual Hearing November the 20th. How long does it take to a decision? I heard the BVA has hired more judges, staff attorneys, and staff.

Jim's Reply:

A BVA decision can take weeks to months or even years to realize. I can't predict yours because I haven't any clues about your claims and appeals. 
 

Your message seems to indicate you think that the BVA has been on a hiring spree and there is some truth to that...but not much. BVA and the VA across the board is hiring, that goes on all the time. The problem is that there isn't a line forming at the door because VA isn't all that popular a workplace. The BVA and the VHA in particular are still experiencing big staffing shortages that will affect how long it takes to process your appeal.
 

The pandemic isn't helping anything as new work processes are put into place and workers fall out sick. It's a heckuva mess.

If I were you I'd settle in with a good book for the duration of your wait...War & Peace in the original language should keep you entertained just about long enough.

Question:

I am 79 and was a Coast Guard reservist for 7 years. From 1961 to 1968. Am I entitled to any benefits for my service during these years?

Jim's Reply:

Reservists for the most part don't earn any benefits unless and until they are activated for federal service. Read more here. Benefits that may be available to Coast Guard Reserves are here.

Question:

I was diagnosed with tongue. As you know that is not on the approved list. I was however; granted a 90% unemployable with 100% pay. I was not told about the $3000.00 a month convalescent pay. I still have bills that I pay on monthly that were accumulated while my cancer was active. Can I apply for the convalescent pay I did not receive? Thank you for your service and the help you are giving. God bless u sir!

Jim's Reply:

OK...I'm not sure I follow you but I'll try.
 

You were diagnosed with cancer of the tongue. It sounds as if the condition was adjudicated to be service connected and you ended up with a TDIU rating. However, it sounds as if you didn't know about convalescent or recuperative pay while you recovered and you'd like to know if you can still get that money?
 

You may be able to if you apply within a year of the date that you should have received the benefit. Go for it.

Question:

I'm in Minneapolis and am in need of nexus letters for General Anxiety Disorder, Samatoform Disorder, Insomnia and Migraines. Can you assist me? Thank you.

Jim's Reply:

I can refer you to providers who I trust and you can speak with any or all of them to find the doctor who is right for you. Click https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html