Benefits

Question:

I am rated at 90% and receive TDIU for PTSD. I just finished a Masters in mental health and wanted to know how can I go about getting marginal or protected employment. How do I initiate the 1 year trial before coming of IU to know if this is the correct route for me. I believe this job will help in my recovery. Any insight is welcomed.

Jim's Reply:

There is no one year trail before coming off TDIU...VA doesn't have a Return To Work program similar to the SSA. The VA monitors your SSA and IRS accounts to learn how much taxable income you earn. When and if you exceed the income limits of the TDIU benefit the VA will be in touch with you to discuss your TDIU benefit. 
 

In other words, you don't need to do anything but to return to work and see how it goes. Good luck.

Question:

How hard is it for me to get the doctor's opinion from my C&P exam?

Jim's Reply:

Many veterans want to see the results of their C & P exam and are frustrated when they can't access that paperwork. There are good reasons that you don't want or need to see that report.
 

The C & P exam doesn't produce a medical record and it won't be found in your VHA medical records. The C & P exam doesn't establish the doctor-patient relationship necessary for a medical record since there is no treatment offered and there is no whole body evaluation...the focus is entirely on your claimed condition and will be defined by the VBA rater who requested the exam.
 

The C & P exam is a part of the VBA process as your claim is adjudicated and you aren't allowed access to any of that as the VBA process is carried out.
 

Most veterans have second thoughts about all that occurred during the C & P exam and they want to see that report so they can object to anything they may think is wrong and get that corrected immediately!
 

Of course, that's a mistake. If you were allowed to see the report and try to correct any of the verbiage, the process would never complete...each time you would do that the process would start over and you would return to start.
 

What you must do is wait it out and if your claim is unfairly denied for any reason, then you must formally appeal that decision and then you get to see what is in the record that led to the denial. If you believe that the C & P exam report was wrong you can use that as the reason for your appeal and a new C & P examiner will do it again.
 

The VBA claims process is onerous and frustrating at best but we should always stick to the process and not deviate from how VBA wants it done. I often tell veterans that if that train leaves the track, it may be impossible to get it right again. 
 

Good luck sir.

Question:

Will the VA, on its own, review my denied 2005 hypertension claim as a result of Agent Orange or should I file again now that "hypertension" will become a presumptive illness associated with Agent Orange? I was granted 100% TDIU in 2005 for diabetes and its effects under Agent Orange.

Jim's Reply:

You should file the claim...never wait for VA to act for you. Good luck sir.

Question:

How can I find out my retirement pay after 20 years and the National Guard?

Jim's Reply:

DFAS, the Defense Finance and Accounting Service folks, should be able to help. Good luck!

Question:

Is there a resources that will draft a Power of Attorney for a Soldier getting ready to leave the states for overseas deployment?

Jim's Reply:

Assigning a POA to anyone is serious business. The Power of Attorney can be a lifesaver or it can cause you a lot of grief years from now. If you're deploying and thinking about a POA you should also have a current will that goes along with that.
 

You should be able to access JAG services through your command to get all that done. Ask your organization if that's available to you before you deploy.
 

If JAG isn't available or if you'd rather go the civilian route, your best bet is to seek a lawyer who is local to you to help you. You can call around and ask if they will offer you a discount because of your military status.
 

You can find a VA accredited lawyer who will help you here. These lawyers understand our military processes and they may be able to help even if they aren't local to you. 
 

This is too important for you to use one of the on-line or other services that promise a free ride...you need a professional to advise you. I've been in your situation and a sudden deployment overseas is quite the experience to prepare for. Get the POA done right even if it costs you a few bucks because getting it wrong can be a nightmare.
 

Good luck sir.

Question:

Vietnam vet exposed to agent orange. Was classified as having 100% disability as a result of bladder cancer. A recent review of my case reduced my disability rating to 40%. Recently my urologist found another growth in my bladder, fortunately it is benign and I will be tested again in 6 months. Today I am having an ablation performed and discovered that this is rated as 10% disability...also I have a pacemaker, is this also covered by VA disability rulings? Thanks you so much.

Jim's Reply:

When we have a rated service connected cancer that requires surgery, VA rates us as 100% while we recuperate. Then a few months later we're examined by the usual C & P exam process and a permanent rating is assigned that should reflect any post treatment disabling conditions.
 

Your 40% rating is pretty typical and of course, it's way too low. You likely heard language that indicated that your cancer was cured and that you had some scarring or urinary flow issues but that you're mostly OK. Your VA ignores the overall negative impact to the rest of your body and mental health (anxiety, depression, sleep issues) for the rest of your life.
 

The only answer to your questions is that in order to gain a rating that reflects all that's going on in your life you'll have to appeal the lowball ratings and continue to file claims and appeals as you go along. For example, if you're getting a pacemaker that isn't presumptive to agent orange there won't be a service connection thus no rating.
 

However, if you have service connected agent orange presumptive IHD (Ischemic Heart Disease) and the pacemaker is documented as necessary because of the IHD, then the pacemaker becomes a secondary service connected condition and you get a 100% rating.
 

I understand that this is a complex path that you'll have to travel but there really isn't any other choice. If we want our service connected conditions to be rated properly, we have to keep at it and file the appeal  paperwork, often again and again.
 

Good luck sir.

Question:

Cochlear implant impact on VA disability benefits. My husband has an 80% disability due to service related hearing loss. I cannot find a regulation that provides any type of clarity as to how having a cochlear implant will impact his disability rating. He was evaluated last year at UNC and was told that he was a candidate for the implant and that insurance would cover it due to his hearing loss. My argument for continuing the disability is that 1) the surgery is destructive and he would be totally deaf in the ear with the implant. Unless 2) he were wearing his processor. Which is, in fact, a prosthesis. I would just like to find something in the refs clarifying this.

Jim's Reply:

There is no such clarity of definition of these benefits. These are government regulations and these are often open ended just because it may take years for new devices and science to be fully developed and coordinated into daily use. Each claim and/or appeal will be decided on the individual merits of such and action.
 

You are absolutely correct that the residual effects of such a surgery should be considered and they are. However these residual effects aren't always incorporated into the post-surgery evaluations and thus, you have to clearly and distinctly ask for each benefit you believe is required. 
 

The post-operative veteran may file for or appeal for scarring, mental health issues related to the rated surgical procedures, etc. 
 

All too often VA will ignore or deny such things as claims for the deteriorating mental health of a totally deaf veteran but that's what the appeals process is for and we urge vets to use it.
 

Good luck!

Question:

I have 4 dependents (kids). all starting college soon, and I am eligible for DEA. Is there a maximum limit on how many kids or total months we can use the DEA. Ideally, all 4 would use the DEA benefit for 4 years of college. Is this correct? Thank you!

Jim's Reply:

In very broad terms, each child is a separate beneficiary with his/her own distinct benefits. Read the rules here.
 

In many cases the best and most current information you'll find will be with your new BFF, the college office that manages VA education benefits. Good luck!

Question:

Jim, What is the proper way to ask the VA for an SMC rating of Level S?

Jim's Reply:

You don't 'ask' for a disability rating, you apply for it by clearly and logically demonstrating that you meet and/or exceed the published criteria for such an increase. Housebound Benefits (Category S) have very specific requirements that you'll find here.
 

If you are sure that you meet those criteria and that you can support that with your medical records, you will simply make the application as you would for any disability benefit. Once you've done that you'll be notified that your claim is being processed and you'll be scheduled for a C & P exam where your application and records will be reviewed.
 

Good luck!