Benefits

Information on VA benefits, Social Security benefits, how to files claims, and how to appeal denials.

Filing?

Question:

My physician diagnosed me with smoldering myeloma. Can I file for disability for smoldering myeloma (a form of bone cancer)? I was in the military from 1972 - 1975. I was a tank commander and was around the diesel fumes for at least 30 months. When we were out in the fields we slept in tents with diesel fueled heaters.

 

Jim's Reply:

Yes, you may file any disability claim at any time. However, winning that claim is a different story. In your case you want to service connect your smoldering myeloma (a pre-cancerous condition) to your military service where you were exposed to diesel fumes.
 

That isn't at all unreasonable but you'll need expert testimony in the form of an Independent Medical Opinion or IMO to make your case. Once you have that, your claim should proceed with no problems. Good luck sir.

 

 

ED?

Question:

I have prostate cancer. I have a Gleason score of 6. I am a Vietnam veteran. I had C & P exam, but am not sure why. I told the examiner about my erectile dysfunction (ED) and he wanted to know if it was from my enlarged prostate, medicine that I'm taking for enlargement, or prostate cancer. I'm on active surveillance with no treatment as of yet. What do I need to get compensation for ED? It seem all three are related. Thanks.

 

Jim's Reply:

Did you file a claim for ED? It sounds as if you told the examiner you had ED but you may not have actually written it down in your claim?


If you were denied a rating for ED after you filed for it, you will have to initiate an appeal of that denial. If you haven't yet actually done the paperwork where ED is a part of the claim, that's your next step.


You're correct that all 3 of your conditions are related. The question the examiner asked you wasn't fair though...not really a trick question but I don't think it was a correct way of asking you.


If asked that or a similar question again, your answer should be, "Yes, those are all related but I did not experience any symptoms of ED until after the diagnosis of cancer. I was fine with the BPH and the medicine."


The objective is to prove that one month you were well and happy, the next month...after the cancer diagnosis...not so much.


Timing, as they say, is everything. Good luck sir.

 

End of Life Benefits

Question:

Hi Jim, I'm a proud Vietnam vet and getting up there. I was wondering if I could set up burial issues now so my wife wouldn't have to deal with very much? Any help would be appreciated. Thank you.

 

Jim's Reply:

I've long recommended that when veterans like us begin planning our end of life one of the best things we can do is to choose a funeral director today. Look around in your region and think of the cemetery where you'd like to rest and then think of who seems reputable in the funeral director line and make an appointment. Choose your funeral director like you'd choose your primary care doctor. Ask around, get references or just charge right in and interview a few.
 

Almost every funeral director I've met knows the ins and outs of how to get this done with your VA. They do a lot of trade with VA and they have the emails and phone numbers to talk to the right people.


Interview more than one funeral home and don't make any payments...yet. Depending on many variables you can be buried for almost nothing or you can spend a lot of money over and above what VA will pay for. Think about your budget way ahead of time...do you want simplicity ($$) or pomp and circumstance ($$$$$$)? 


A good funeral director will set you up within your budget and consider all that VA can contribute to the event.


Another thing you want to do is to find your regional National Cemetery. Once you learn what is reasonably within distance of you, go visit and meet the cemetery director. Our national cemeteries are a source of pride and respect for us and many choose the perpetual care and respect we receive there. Your spouse may also be buried there with you, either after you pass or before, should that happen.


Planning ahead is smart and saves your survivors a lot of angst. Don't forget to think of how to apply for DIC, get insurance and homeowner documents all together and so on. A will is a priority too.


Good luck sir.

 

Paperwork

Question:

I have two service connected ratings that I want to file for rating increases. Can I file both at the same time, or should I file them separately?

 

Jim's Reply:

You may file for both at the same time. Good luck.

 

CLL Benefits

Question:

I am a Vietnam vet with CLL. I have been in treatment since 2019 and am now in remission. The VA just scheduled me to an independent test/evaluation. My Oncologist tells me a cure for CLL is questionable. I am concerned that the VA will end my benefits because of the remission. My understanding is that CLL cannot be cured and will reappear…..

 

Jim's Reply:

The laws, rules and regulations require VA to provide your benefits to match the disease you have at a given time. Any time we have a service connected cancer we are awarded a temporary 100% rating that lasts while we're having treatment. Once the treatment is done, we no longer have the cancer and can't be rated at 100%.
 

Whether or not your disease may reappear doesn't mean that you aren't currently in remission and you don't show any trace of the disease and that means you can't be rated at 100% for a cancer. If the cancer should reappear, your rating will return to 100% as soon as you do the paperwork.
 

I don't think the system is fair in that this doesn't account for the suffering you've gone though and the toll all this takes on your mental health. If you find that all this has caused you anxiety, depression, sleep loss and such, you can file for those conditions and any other that are left from your therapy. If you have scarring from any surgery or any other conditions, be sure to tell the examiner.
 

Good luck sir.

 

Ratings Increase?

Question:

Hi. My 71 yr old grandfather got out of the service after Vietnam and has a 50% rating for memory loss. He’s recently gotten a lot worse to where he now does not remember anyone and needs constant in-home care and neurology treatment. His memory loss was mild after he left service and was service related. Is there anything I can do to help him and my mom raise his VA rating so that he can afford the care he needs?

 

Jim's Reply:

Yes, there is a lot to be done. If he has a current 50% disability rating for memory loss you can help him to build on that. He will have to file a new disability claim and go through the process again so you may want to seek some help from either a social worker or a state benefits representative at his VA medical center.
 

It may be simplest for you to visit the VA medical center closest to you and simply ask for help. Calling is also an option but the VA phone system is often a challenge to use so if possible, just go in and seek assistance.
 

If his service connected disability is causing or contributing to his need for care, he may be eligible for many programs to help. Good luck! And thank you for taking care of your veteran grandfather!

 

Agent Orange

Question:

I have chronic heart failure and I'm being paid at a 100% TDIU due to other conditions such as PTSD , hearing loss, etc. I was in the USMC for 4 years and spent a year in Nam in '67 and '68. Is there any way Agent Orange could be tied into heart failure? I'm being treated at the VA for the heart failure. Thanks for all you do Jim!

 

Jim's Reply:

Heart failure can be caused or contributed to by ischemic heart disease (IHD) or as it's commonly known, atherosclerosis or hardening of the arteries. If it is determined that you have IHD, that's an agent orange presumptive that you can and should file for. Good luck sir.

 

Reup?

Question:

Hi Jim, I came across this website and had a question for you. I got out of the Marine Corps in 2019. I got rated 100% P&T from the VA. I have had a hard time since being out. Multiple family members passed away and people I was in with have committed suicide. A couple of years ago, I ended up getting a DUI and that has made my life a lot harder. It's hard to find a decent job or find anything to do. I have been thinking about going back into the military because I think I'll be a lot happier there. I really had no reason for getting out to begin with other than ortho problems with my knees and back, but I could still deal with it I think. I'm having my knee redone again this year. After that surgery, I think I will be good to go. My question is, with the 100% rating and a DUI a couple years ago, could I get back into the military? Thank you in advance for the info. I hope to hear back soon.

 

Jim's Reply:

While I understand your reasoning to want to return to a more stable environment, you have to know that your physical challenges are going to be the biggest barrier to you returning to military life.
 

There are plenty of circumstances that allow us to reenter the military even when we have VA disability ratings. However, when we do that the disability rating disappear and we're expected to be ready and able to meet the demands of our MOS.
 

In other words, I'm not as concerned about the DUI as I am whether or not you'll be able to be physically able to serve as active duty again.
 

If you're convinced that this is the path you want to follow, go talk with a recruiter. Don't limit yourself to just the USMC either...a lot of us make a switch from one branch to the next and it all counts towards your retirement. The USMC is going to be a more physically demanding career than the Air Force would be and your skills may be just what they need.
 

While I'm concerned that you may not meet the requirements to reup, the fact is that our military is very short of meeting recruitment goals and they're offering all kinds of bonuses so you may be welcomed back with a parade...and a huge monetary bonus!
 

Go for it...talk to some recruiters and see what happens. Good luck sir.

 

TDIU?

Question:

Hi Jim, I appreciate your work. If I'm 100% P&T and receiving compensation for housebound, does that make me TDIU? I looked up Ebenefits and it doesn't say anything specific about TDIU. I do currently work full time and I just received this increase. Thank you.

 

Jim's Reply:

No, that combo doesn't make your benefits to be TDIU. If you're working it's not very likely that you're in receipt of the TDIU benefit. What this means is that you have a 100% rating plus another rating or set of ratings at 60% that bring you the housebound benefit...even if you aren't housebound. Confusing? Yes it is. But this is what we have to deal with from your VA. Good luck sir.

 

Appeal?

Question:

I am a Vietnam veteran with an appeal claim for hypertension with the VA. My claim was denied due to Not Service Connected even though I have diabetes and heart disabilities with the VA. I also have been on high blood pressure meds for ten years. The appeal claim was filed prior to the new PACT passage. Do I need to put in a new claim for hypertension or should I let the appeal claim handle it?

 

Jim's Reply:

The PACT Act is so new that most VA observers aren't sure of exactly what to expect. Your VA is in the process of hiring thousands of new workers and fast tracking them to their new desks to manage the tsunami of claims coming forward.
 

In your case I'll stick to my usual very conservative views of the claims and appeals process and say that if you're sure that you have an active appeal in process, let that work it's way through the system rather than filing a new claim.
 

Over the years I've listened to VBA raters complain about veterans submitting too much paper that is duplicative of what they've already submitted. Of course that's as much the fault of the VHA as anything because of the number of reminders and letters they send asking for more evidence. Most of us get those letters and think they haven't received what we've already submitted so we send in duplicates and of course that bogs everything down.
 

What I'm sure is happening is that appeals like yours are now presumptive and there is no longer any need to appeal. Your appeal should soon enough be identified and kicked back to a VBA rater to sort it all out.
 

Hang tight, don't make any moves quite yet. Good luck sir.