Information on VA benefits, Social Security benefits, how to files claims, and how to appeal denials.
Hi Jim. I've been married since 1987 and he moved to Norfolk, VA. I moved back to New Bern, NC. He passed away October 3rd, 2020. My question is, am I entitled to his benefits because I am a widow and he was a veteran?
Maybe. Maybe not. It depends entirely on what sort of benefits we're talking about? If he died of a service connected disability you may be entitled to DIC. Have a look here to learn if you may be eligible for any benefit.
Hi Jim, My husband died on September 26 of 2020. I would like to know if I get more benefits if my husband was service connected 100 percent total and permanent unemployable disable. I am not sure how to find facts because I am getting the run around. Could you please help answer this question? Thank you so much for your time. Oh I forgot, my husband had this disability for over 13 years.
My condolences, I'm sorry to hear of your loss.
DIC or Dependency Indemnity Compensation is a benefit available to some survivors of certain veterans. Eligibility for the benefit may happen in a couple of ways.
The first and most common circumstance is that the veteran dies of a service connected condition. For example, if the veteran is rated for prostate cancer and dies of the cancer, eligible survivors may apply for the DIC benefit.
The second way to establish eligibility is for the veteran to hold a 100% permanent rating for 10 uninterrupted years or more. The veteran who is rated as 100% P & T for over ten years may pass from any cause and eligible survivors may apply for DIC.
You say you're getting a run around and I'm not sure why that may be? If your veteran was rated as 100% P & T for over 13 years then DIC should be awarded with little fuss.
That is unless a significant piece of that 13 years was a temporary rating period. There are many cases where the veteran was rated with a temporary benefit prior to the rating changing to the permanent status required for survivors benefits and if the 10 year period of a permanent rating isn't met, DIC will be denied.
If you'd like to have a look at any paperwork you may have available and determine when his benefit was awarded, I'd be happy to hear more.
Hi, Jim. I received a 21-4192, but my job is considered "gig" employment. I have two disabilities that are rated at 50% each, with a combined rating of 90%. I completed the 21-4192, as best I could and returned it to the VA. My earned income is way below the guidelines. I'm just wondering if you think I have a good chance of getting approved for IU? Thank you.
First up...the 21-4192 is a form that an employer fills out...not the veteran. VA will usually mail that form to employers for completion. Although you say VA mailed the form to you, I'm not sure how VA will react at you completing the form yourself.
In any case, you must prove that you can't maintain "substantially gainful employment". Substantially gainful employment is any competitive employment that provides you with earnings that are greater than the poverty threshold. In other words, it doesn't matter that you label your employment as a "gig" job, if you earn more than the threshold, you won't be eligible.
VA will also consider your potential to work at gainful employment. If VA believes that you are able and capable of gainful employment, you'll be denied the unemployability benefit.
Good luck.
Hi Jim. 100% P&T. Also SSDI three years. My question is about my Medicare. I know part A is mandatory, but I'm wondering if I should continue to pay for part B. I live 10 minutes from my VA PC. I live 15 minutes from a VA hospital. My wife has CHAMPVA and Medicare. We are 54 and 52. We are in our forever home. I have never needed the part B. I have had nothing but good experiences and care with my VA coverage. I lived in the southeast and was visiting family in the Northwest when I had a major medical event requiring hospitalization. The VA covered all costs. I understand there is a penalty if I cancel and then reapply. As the wife is my caretaker and doesn't work, every penny counts. Thank you for your service and your time.
Part B and any other insurance that is elective and requires a payment is a very personal decision, entirely up to you and your tolerance for risk and payments.
I use Medicare Part B often as I live quite a ways from VA care and I have outstanding civilian facilities minutes away. You seem to have a great handle on how it all works so again, it's your call. If the dollars are tight it appears it would make perfect sense for you to do without Part B.
Good luck!
I am 70% for PTSD. I applied for TDIU and was denied. They left my 70% rating and said I am able to work. They stated that they acknowledge what my private doctor says but they are going to go with my visits over the last 4 years from the VA . I would like to know my next steps if I would like to appeal.
Well...the next step can go any number of ways. You can DIY an appeal, you can seek out an advocate to help you, or you can retain an attorney at no out of pocket expense.
My choice is always the lawyer. Read https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html
Do you know of a good doctor in Oregon who helps veterans write Nexus letters?
No, darn it...I don't know of anyone in Oregon who writes nexus letters. In fact, we don't talk of nexus letters these days, rather we talk about the independent medical opinion or IMO. You don't want the doctor closest to you, you want the doctor who will do the task you need done as professionally as it can be done.
I refer to a small handful of professionals across America who will be able to help you. Have a look here and talk to any one of these doctors or talk with each one https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html
Jim: I've recently earned 100% P/T. Of course, this benefit opens many more doors within the state and the VA. My question is about CHAMPVA's pros/cons. I've searched many websites but there is not a lot of info or references that does a deep-dive into the program. Some say it's a great program while others say it's a bad program due to many doctors, hospitals, etc., being unaware of the program (payments scheduler, etc). Can you please elaborate a bit on what you might know concerning CHAMPVA (pros/cons) to include providing any veteran dependent stories about their care via CHAMPVA online? Thank you for your time and assistance.
I'm not at all sure what you're reading or where but CHAMPVA is insurance, nothing more, nothing less. Like all insurances the program requires that you learn how it works. Dealing with the offices of CHAMPVA is a very typical VA experience with lost paperwork, unanswered calls, voice mailboxes that are full and all the administrative bungling we know and love at our VA. Patience and an eternal cuppa are the secret to working with CHAMPVA.
Of course that can be said for almost any insurer today, they're all a pain to deal with and figure out what the rules are that they play by. I've not come across any hospital that doesn't readily accept CHAMPVA and most doctors who accept Medicare (most doctors) are happy to see the CHAMPVA patient.
My wife has used CHAMPVA for over 15 years as her only insurance and we think it's the best insurance she's ever had. She's currently melding her new Medicare benefit into the fold with CHAMPVA and doesn't seem to have hit any bumps in the road.
My stepson's family (spouse, 2 kids) all use CHAMPVA and everyone is happy and healthy.
The disabled veteran is assigned a primary caregiver who may or may not timely refer you to specialists that you might have to travel hours to see. You have little choice in how your care is doled out. The CHAMPVA beneficiary is able to choose their provider and seek out specialty care without a referral. Medicines come in the mail, copays are low, preventive care is included and...it's free.
That a given doctor's office may not be familiar with CHAMPVA isn't surprising. With the ACA small and unheard of insurance companies are everywhere and the people who deal with the insurance for the doctor are always happy to talk with you up front. My wife has educated some doctors offices and everyone is happy...they get paid, she gets good care.
If you can find a better deal, take it. Once you're set with a doc or two, it's seriously good insurance. I'd like to have CHAMPVA for myself but all I get is this VA care thing...
Hello: After a long battle (8 years) with the VA, I finally was awarded 100% P/T. During this long battle, I became proactive and returned to school to earn several degrees. I have always yearned to return to the military as an officer. I now have that opportunity. However, what will happen to my 100% P/T? I've read different options in numerous online website, blogs, etc., including a recruiter. The options include losing my disability, suspension of my disability pay but not losing my disability as a whole, not being able to refile for disability, etc.... Do you have any advice or information that might be more helpful in making such an impactful decision. Thank you.
Many people with disability ratings do return to active duty. These are mostly lesser (<50%) ratings for conditions that will not have a negative effect on the returning member's ability to perform the requirements of the elected MOS.
The service member who is accepted to return to active duty will give up the VA disability ratings while active and more or less be required to adjudicate the claim(s) once again at the end of this term of service. Realistically, no matter how you slice and dice it, being labeled as 100% disabled and living the rigorous life of an active soldier is incongruous at best.
At ETS you'll have a blank slate with VA.
I question whether you will be viewed as fit for duty with your 100% P & T rating. If you were successful, that's a lot to give up for a dream. Were I you, I'd probably take a pass on the whole thing and find another way to fulfill my yearning to be back in uniform.
Good luck.
Greetings: Total and Permanent Discharge program (TPD). I'm 100% P/T. I would like to return to school and complete a graduate program. After reading several websites about the TPD program, I'm confuse with the requirements of the timeline. I have yet to find clear guidance. Therefore, my question is if I can apply future loan (graduate degree) towards this program. Or if the program is only for existing loans which I have none (used GI Bill). Would you have any further information to clarify this confusion? Thank you.
Hmm, that sounds almost too good to be true. You'd think that they would have thought of a way to prevent that from happening.
Oh wait...they did,
If and when you apply for another loan...Direct Loan, Perkins Loan, TEACH Grant or whatever the flavor of the day will be...you'll be required to sign off that you won't seek a TPD based on your 100% rated current condition which you'll be required to acknowledge.
To get another TPD you'll have to come up with another 100% disability rating that is subsequent to that first rating and diagnosed after the date of the loan.
Yeah, so...back to the drawing board! Good luck.
I was awarded TDIU P&T earlier this year, with an effective date of August 2011. My question pertains to the S-DVI insurance policy that is available to 100% disabled veterans where the premium is waived. I understand that eligibility ends at 65. I am currently 72, however based on the effective date of my award, I am 63-64. Under these circumstances, am I eligible? I did call the appropriate department and was told no, which makes no sense. Looking for your opinion. Thank you.
You must have an award of a new service-connected disability to be eligible for S-DVI.
Ratings of Individual Unemployability are not considered grants of “new” service-connected conditions under S-DVI. You must receive a rating for a new condition not previously rated by VA.
In my opinion you're not only not eligible for a waiver, you aren't eligible for S-DVI.
