Benefits

Question:

Asking for a friend who passed away. Is the 30 day requirement a hard requirement? My friend was a Lejeune for 15 days after boot camp, which was within the applicable dates of the lawsuit.

Jim's Reply:

I'm sorry to hear of your veteran friend passing...my condolences. Yes, the 30 day requirement is a 'hard requirement' today as that's the way the law is written. That the 30 day requirement is written as such is significant in that it leaves no doubt as to what the intent of that rule is.
 

When you see a hard requirement like '30 days' rather than a more ambiguous reference like, "...a period of time that may be sufficient to...", that's tough to work around.
 

You aren't the first to ask me about this so I'm sure that this will be challenged and tested in the federal courts over time. But we're talking a lot of years and a lot of expense before anyone is able to challenge the law and possibly prevail in having the 30 days rule modified. 
 

I thank you for being concerned about your veteran friend and wish I had better news for you. Good luck sir.

Question:

Thanks for taking the time to read this... I have a service-connected cancer that I've been up and down with for a few years now. One day I wondered if the VA could take away my P&T while was still on chemo. When searching, I kept getting the below results in some form or another: "If a veteran is service-connected for an active cancer, VA should automatically assign a 100 percent disability rating. This rating continues for as long as their cancer is active, and then for another six months following the successful completion of a treatment program (e.g., chemotherapy, radiation, or surgery). Six months after cancer treatment ends, VA will schedule the veteran for a Compensation & Pension (C&P) examination to evaluate the current status of their condition."

My attention hones in on the "FOLLOWING THE SUCCESSFUL COMPLETION OF TREATMENT" part. Basically my doctor wants to keep me on my chemotherapy treatment indefinitely, as he sees no benefit taking me off of it. So since I wouldn't ever be completing the treatment anytime soon, does that mean my P&T is safe so long as I continue the treatment? Thank you!4

Jim's Reply:

You aren't P & T.
 

P and T stands for Permanently and Totally disabled and by VA standards, you're are not Permanently disabled although you may be temporarily disabled. You have a 100% rating assigned and that is a temporary award that will be lowered when you are said to be free of cancer.
 

In theory your temporary benefit should continue as long as you're receiving treatment as you will still be treated for an active cancer. The reality of all this is that given the opportunity, VBA will do all they can to lower your rating.
 

You didn't tell me what sort of cancer you're fighting so I can't be too specific in my advice other than to say that you should be prepared to appeal any ratings you disagree with. As you go along you'll encounter the standard C & P exam where the examiner will do all he/she can to minimize your symptoms and lower your rating. 
 

Don't forget about secondary conditions such as anxiety and depression during your therapies. You'll need a medical record that reflects those problems so talk to your doctor and file those claims.
 

VA has the attitude that all cancer can be cured and that residual effects of treatment are almost nonexistent. If you have scarring, mental health issues, chronic pain, a loss of mobility or any other untoward and unanticipated problems from your service connected cancer, you must file the claims and confront the bureaucracy.
 

Good luck sir.

Question:

Jim why would it take so long to get ChampVA card. I submitted the required information in April and am told they have everything but to call back in 30 days that they are still working on submissions from January. I've been told the same story every 30 days. Would love to get the name and number of the person in charge.

Jim's Reply:

There is no 'person in charge'. This is your federal government and for any given action you may name, there is no single person who can be held accountable for that action. The worker bee would refer you to a non-existent supervisor where their voice mail was full. That person's boss is on leave for an unnamed medical condition and their boss is in DC for meetings this week. If you want to get the real boss you have to look to Congress and talk with them.
 

CHAMPVA is terrific health insurance once you're settled into using it. My wife has had CHAMPVA for 20 plus years and it's as good as it gets. Getting to that point may take a while and for sure it takes a lot of patience. 
 

The CHAMPVA offices are probably representative of how short-staffed your overall VA is today. To get anything done requires that you spend hours on the phone and learn how to use a fax machine. Believe it or not, much of the operational efficiency there relies on a dated fax machine and if you'll begin to fax messages, you may get a quicker response.
 

Never express anger or frustration at a CHAMPVA contact who may be trying to help you. They're in a bad spot as your VA is so very short handed...it seems not many young folk are flocking to work at VA these days.
 

Keep at it...be patient, it'll be worth the wait and frustration. Good luck.

Question:

I am age 76 and plan on applying for TDIU benefits due to my not being able to work. Is it probable that due to my age I will be denied this benefit? I am currently at 70 percent disability due to service connected disabilities.

Jim's Reply:

Your age won't be an officially recognized factor in your TDIU application but the length of time you've been retired may.
 

For example; A healthy 76 year old who has elected to work on far past the usual retirement age in America is forced out of his continuous work habit because of a flare of a service connected condition and he is unable to find and hold gainful employment. This veteran will have a very good chance of being awarded the TDIU benefit. 
 

Out 2nd veteran is also 76 years old and he retired from work at age 68, took his 401k benefits, SS retirement and Medicare and has no record of employment since that time. In 2022 he decides that as he has a total of a 70% rating he's eligible for TDIU and applies and is surprised to be denied.
 

The TDIU benefit isn't a retirement supplement, it's a bridge built into the veterans disability rating that is intended to help veterans who can't obtain gainful employment because of a service connected disabling condition yet they don't have the necessary underlying ratings for a 100% rating.
 

Any veteran, no matter your age, who can show that they are denied gainful employment because of a service connected disabling condition may be eligible and should apply. Good luck!

Question:

I'm Vietnam Era veteran, can I get medical aid overseas?

Jim's Reply:

Maybe...you should read the info at this link to check your eligibility and then reach out to these people for any questions you may have.
 

VA Foreign Medical Program
 

For what it's worth, I hear from many veteran ex-pats who use the FMP and report that it's pretty good insurance. Good luck!

Question:

I'm currently 100% TDIU/P&T and 90% schedular. If I request to go 100% schedular, would I be able to go back to work full time?

Jim's Reply:

Yes. However I've always urged veterans to avoid trying such a move. When you tell VA that you want a 100% schedular rating so you can work full time (gainful employment) you are sending the message that you aren't as disabled today as you once were. 
 

If you apply for additional benefits trying to reach 100% schedular, you'll get a C & P and then you may be surprised to learn that your rating of 90% is what you end up with. Hey, you're telling them you're not unemployable.
 

A better plan for anyone who wants to return to work is to just go for it and get to work. You don't need VA permission to do that, you just get a job and start work. VA is racking your SSA and IRS accounts and if you begin to earn more money than you should for TDIU eligibility, VA will be in touch. You don't have to pay back any money although you may lose the TDIU...but that's OK since you're making a lot of money.
 

If the work thing isn't as good as you thought, you're protected because you didn't lose your TDIU benefit. 
 

Working to earn up to the poverty level and no more can enhance your total income without any chance of losing benefits. You can make a lot of extra money before VA has any problem with that. Good luck!

Question:

I am apparently going to have a C&P exam for my hypertension related to Agent Orange. That is according to heads up email I got from VA. I have been diagnosed with hypertension since around 1992 or 93. I take two different medications on a daily basis. I was told by a vet friend that if they examine me and my blood pressure is in the normal range, then I will not get service connected. Is that correct? I would be fine if they rated me at 0%. In that case it would be on my VA record.

Jim's Reply:

High blood pressure is rated by what was recorded before you went on medication. That you are on 2 different types of medicine for your high blood pressure is all the evidence anyone needs to know that you are hypertensive. Why would you be on medication for hypertension otherwise? 
 

Tell your friend that he is spreading the old rumor that you shouldn't take your meds for days before the exam and he needs to cut that out...that's how veterans have strokes! Good luck sir.

Question:

I'm a 100% disabled service-connected Vietnam Veteran. Can I file a claim for lung cancer related to agent orange? I was diagnosed with lung cancer 2 months ago.

Jim's Reply:

Yes, you can and you should apply for the lung cancer benefit. Even though you may already have a 100% rating, the new rating will provide you with increased benefits. Good luck sir.

Question:

Does a 100% rated veteran get any dental benefits if not service connected for dental?

Jim's Reply:

Yes, if the veteran is rated as 100% permanently disabled dental benefits are provided. The process of getting the benefits will vary at each medical center and the best thing to do is to head directly to the clinic and set up an appointment in person. Good luck!

Question:

Jim, if your child is receiving chapter 35 benefits and still lives at home can I receive Dependents pay? I see if they leave home you can not, but can’t find anything about if they are still living at home. Thank you.

Jim's Reply:

No. Concurrent receipt of those benefits is seen as double dipping.
 

However, like everything else in our VA benefits, there are exceptions to every rule. Please click here to explore the intricacies of this benefit. Good luck sir.