Benefits

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

NHL Documentation

Question:

My husband served on the USS America from 1979-1983 and in also reserves. He did cleaning and maintenance on communication and plotting systems as an IC2 and IC3. He was also a fireman and worked in damage control. He was diagnosed with NHL in 2014. In 2015, 10 days before our youngest son's 16th birthday, my husband passed away. I promised him I'd keep fighting for him.


The original VA claim was denied. After years of backlog, the appeal is finally coming up. I'm trying to find documentation that shows or names the chemicals used to de-grease and or clean parts and machines. We know TCE and Benzene can cause NHL. The burden of proof is on me to prove he used/was exposed to these chemicals. Are there handbooks or training manuals anywhere for that time period? I truly appreciate any help or direction you can give me.
 

Jim's Reply:

When I seek the sort of documentation you're looking for, I use the same resource that's available to you...Google search. I don't have any documentation that isn't already available to you so I can't help you there.
 

Where I can help you is to point out that when you go it alone, without a skilled and experienced veterans law attorney to help you...you're probably going to lose your claim. Statistics of appeals at the BVA are very clear that veterans law attorneys win cases a lot more often then any other representation and as much as 30% more than when the veteran or survivor takes on the government without help.
 

I agree with your conclusion that your late husband was exposed to all kinds of chemicals and that is more likely than not the cause of his early death and yes, all that should be service connected. However, when we take on the VA we're up against an army of their employed doctors and lawyers who are well compensated to argue that his death was unfortunate but not caused by all those chemicals.
 

Not only do you need a lawyer who can guide you through the convoluted VA appeals process, you'll need the Independent Medical Opinion of an experienced and skilled physician who will offer evidence that there is a link between chemical exposure and cancer. 
 

Please take a moment to click through the provided links and talk with a pro...that won't cost you anything but a little time. Good luck.

 

 

PACT?

Question:

I'm a Vietnam vet. I have been service-connected for IHD since 2010 (8 stents) and have been taking Blood pressure meds since late 1997 for high blood pressure (HBP). I put in a PACT ACT claim for the high blood pressure. How do you think the VA will handle this? Will IHD be “secondary” to HBP? My claim status says VA does NOT need anymore info from me. 

 

Jim's Reply:

"How do you think the VA will handle this?"
 

The PACT Act is so new that I'm not allowing myself to make any guesses as to how VA will manage the finer points of the new Act. Like any new legislation it takes some time for the dust to settle and we've hardly gotten started with this one. VA has a spotty track record of managing new concepts and claims so we'll just have to wait and see.
 

I hope that once you've completed the process that you'll let us know how it went for you. Good luck sir.

 

VES?

Question:

What can I do if I don't agree with VES findings?

 

Jim's Reply:

I have to assume that you're claim has been denied and you think that the C & P report was the cause. If that's the case, you appeal and cite the problems with the exam as your reason for appeal.
 

If you haven't been denied and your claim is still in process but you think the exam went off the tracks somehow, you need to wait until you have a formal denial and then appeal the denial as per the routine.
 

Good luck sir.

 

TDIU?

Question:

Jim, I receive TDIU from the VA. Would there be any advantage to me to file a claim for Hypertension based on the new PACT Act? I am a Vietnam veteran, 1967-1967.

 

Jim's Reply:

Yes, in my mind there may be a future advantage to getting your high blood pressure rated as service connected.
 

Hypertension is a root cause for all kinds of vascular problems. If your hypertension is rated as service connected, even with a 0% rating, and you have issues with heart disease, renal artery disease, peripheral vascular disease or carotid artery disease, you'll be able to claim all those as secondary to the rated hypertension.
 

We'll hope that you don't run into those vascular problems but if you do, it won't hurt to have the paperwork for the hypertension rating done and out of the way. The other advantage is that should you die of complications of any of those vascular diseases, your eligible survivors will likely have an easier path to their benefits.
 

Good luck sir.

 

Appeal!

Question:

Reading the information on Agent Orange and Prostate Cancer. I am rated 100% temporarily. I did 20 rounds of radiation. I'm looking for a start and end date on when the VA will pull back on the 100% disability so that I can figure out when and where to re-file for the other problems associated with radiation therapy. The second problem is being on an Essex Class Aircraft Carrier in Vietnam from 1969 to 1970. It was full of asbestoses but I was denied for that, so where do I turn for help on that?

 

Jim's Reply:

Your 100% temporary benefit will end 6 to 12 months after you complete treatment. VA is having trouble getting us in for post-treatment exams so it can take longer than that. No worries, you won't have to pay back any payments they may make while you wait.
 

You need a veterans law attorney to help you with the asbestos appeal. This won't cost you any money out of your pocket so feel free to call a couple of lawyers and sign up. It'll take a while but the attorney will manage it all for you.
 

You shouldn't wait to begin filing the appeal and any other claims you may have...the sooner you get started, the better. 
 

Good luck sir.

 

100%?

Question:

I was rated 100% for hearing loss in one ear. Does this qualify as service connection disability that waives VA home loan origination fee for refinancing of my current VA loan?

 

Jim's Reply:

I can't be sure as a 100% permanent rating for one ear is a bit unusual. If I had to guess I'd say yes, a 100% rating should make you eligible. You'll have paperwork and VA contact points for questions regarding your VA COE as your loan progresses and then is a good time to ask that and other questions.
 

During my last (and final!) home purchase I used a broker to find my financing and that was a real plus as they took care of a lot of details I'd have missed. The broker was methodical, crossed t's and dotted i's and put it all together in a way I couldn't have when presented to banks for a bid. That made the difference of almost 1/2 point in the rate and that seems even more important today.
 

Don't forget that in many states a vet with a 100% rating is exempt from state property taxes and sometimes the path to that benefit via the state can be convoluted...but worth the bother.
 

All the usual rules for taking out a loan in the first place are there when we refi the original note. If you've been rated at 100% since you originated the loan in the first place you'll probably have more hoops to jump through to maximize the benefit. Do shop around though...rates are through the roof today!
 

Good luck!

 

Pendleton Contamination

Question:

Jim, I was stationed at Camp Pendleton for school from October thru December of 1984. 5 years ago I developed esophageal cancer. I have had surgery to remove the cancer but still have medical issues persisting. I have read about Camp Pendleton's toxic history and was wondering if I was exposed and contracted the cancer from Camp Pendleton. Please advise. Thank you.

 

Jim's Reply:

Camp Pendleton is a Superfund Site so it's known to have various and assorted contaminated regions and you aren't the only one who has concerns. I was there as a youngster...and Lejeune too. My dad got around in the Old Corps!
 

Whether or not your cancer was caused, contributed to or aggravated by your service at Camp Pendleton is a matter for you to discuss with one of the many expert lawyers who have advertised their services on the Internet.
 

I'd suggest that you do a quick Google search for lawyers who represent actions regarding Camp Pendleton contamination and start making phone calls and getting as much info as you can. 
 

Good luck sir.

 

TDIU?

Question:

I am collecting long-term disability insurance from a previous employer and Social Security disability benefits. Can I receive this and TDIU benefits at the same time?

 

Jim's Reply:

If your disabling conditions are service connected and you meet the other criteria for the TDIU benefit, yes...you may be eligible. Good luck.

 

CPAP?

Question:

I am service connected with hearing loss at 0% and tinnitus at 10%. I have trouble sleeping, in part due to constant tinnitus in one ear. I have also recently been diagnosed with sleep apnea, after undergoing a sleep study. The physician and sleep study paperwork state that I need a CPAP machine. Will the VA cover the cost of a CPAP or do I need to have sleep apnea service connected for that?

 

Jim's Reply:

If you are prescribed a CPAP, there is likely to be an associated copay. On a personal note, I've used my CPAP machines for over a decade now and it's well worth the cost. Good luck sir.

 

Hypertension

Question:

Jim,

In 2010 I was awarded 30% due to IHD and 20% for DMII. I have been taking meds for hypertension since the mid-1980's. Should I now file a claim for the High Blood Pressure?

 

Jim's Reply:

Yes. Were I you, I'd proceed with the claim for high blood pressure. Even if your claim results in a 0% or 10% rating for hypertension, you may want to use that as a basis for future secondary claims. For example, hypertension may be responsible for causing or contributing to or aggravating strokes, kidney disease, lower leg vascular disease and a lot more. 
 

File the claim and good luck to you sir.