Health & Safety

Question:

Do you have medical journal articles, studies or the like in support of the proposition that Agent Orange is "more likely than not" or "at least as likely as not" associated with pancreatic cancer? I have treating doctors prepared to complete "nexus letters" but they require such information to adequately support their opinions.

Jim's Reply:

No, I don't catalog such things but Google does and you can use Google search to find a broad selection of science to support you. I can give you a bit of a hint and let you know that any doctor who writes such a opinion for your claim or appeal should know how to support their statements with science...that's nothing new to them.

You can locate similar cases that include a diagnosis of pancreatic cancer and learn their outcomes by searching key words here https://www.index.va.gov/search/va/bva.jsp 

For what it's worth we don't refer much to nexus letters these days, we talk of IMOs and DBQs. More on that is here https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html  

Question:

Hi Jim, I recently received my 100% P&T. Given that, should I attend my previously scheduled VA yearly exam? Can the doctor reduce my rating or should I use my own doctors from here on out? Thanks for your advice.

Jim's Reply:

Your VA primary care provider isn't at all interested in your rating. They really don't get involved in any of that, they're there to provide health care.

If you don't attend at least a yearly exam with your primary care provider, you lose those health benefits unless and until you apply again. I use my Medicare for most of my care because my VA doc is over an hour away. But I make a point to see him 2 or 3 times a year to stay current. I also get all my meds, my CPAP and supplies and more through the VHA.

If you're 100% and it's permanent, you're done with all that. Only under some extreme circumstance could you lose the benefit so you can put it all way in the back of your mind. My vote is to keep the VA health care and get the max you can out of it. That's what i do and I think with the way I've blended my VA care with my civilian care, I get better health care than most at a great price.

Good luck!

Question:

I currently have a 100% total & Permanent disability with the VA and have just been diagnosed with PTSD by the VA. So should I file a claim for this or not? I know that it will not affect my monthly payments.

Jim's Reply:

Yes, I would file the claim were I you. You can't predict what the future may bring and should the newly diagnosed PTSD blossom into something that causes you harm, it'll be handy to have the claim paperwork done and out of the way.  Good luck.

Question:

I am a 100% Vietnam Veteran. Plus I have parts A and B thru Medicare....What Plan can I use to get My 144.00 back from Social Security?

Jim's Reply:

Part A is required, you're not getting out of that. Part B is elective. You can either not take Part B or cancel it at the appropriate time. I usually don't recommend that but whatever.

In any case, you aren't getting any refunds. I have 100% VA as well as Part A and Part B and I use each one as necessary and to my own advantage. I get the best health care available at a relatively low cost. You'll want to think carefully before you give anything up.

Question:

Hey Jim, I am receiving a 2nd surgery for my meniscus and ACL tear. I was told by the surgeon/ortho Dr. that I would have my disability temporarily bumped to 100%. I'm trying to get the process of this situated prior to my surgery so everything can remain smooth. I was wondering what your opinion on this was and what steps Ii should take. Thanks.

Jim's Reply:

That's correct...a surgery on a rated disability will bump your rate to 100% for a couple months while you recover, maybe more.

You can't file for the benefit before it happens. VA won't accept paperwork for an event that's supposed to happen but may not for any of 100 reasons.

As soon as you have had the surgery, file the claim. Good luck.

Question:

Hey there: I have a 90% scheduler rating and the VA awarded me TDIU. I'm blessed and very appreciative. I still having several claims pending that "if" granted, will increase my rating to 100%. Moreover, I've read that if a veteran is granted 100% scheduler rating while on TDIU; the VA will "automatically converted" TDIU into P/T awarding the veteran 100% P/T dropping the TDIU. Nevertheless, I've also read that this information is incorrect because nothing is automatic when dealing with the VA. Can you please give your insight on the matter.... Thank you!

Jim's Reply:

You are already at 100%. TDIU is a 100% rating. The TDIU rating is exactly the same as any 100% schedular rating except that you aren't allowed to work a full time job.

That's it, no other difference.

P & T is Permanent and Total, an entirely different topic. Your TDIU rating may be temporary or it may be permanent and a 100% schedular rating may be temporary or it may be permanent.

If you are rated as 100% TDIU today and you file claims that take you to 100% schedular, it does change with no notice other than a letter in the mail. That's because if it changes it's pretty meaningless. The pay is the same, benefits are the same, it may be permanent, it may be temporary.

Don't try too hard to convert TDIU to schedular. You could be denied the schedular, lose the TDIU and be reduced to that 90% you had earlier. Sometimes you have to be carful what you ask for.