Jim's Mailbag

Jim's Mailbag
March 19, 2018

Question

My wife is now eligible for CHAMPVA.  She is under 65 and working.

Does she have to maintain her private insurance through her employer in order to use CHAMPVA?  I'm thinking it would be cost effective to drop her employer's insurance and pick up a CHAMPVA Supplemental policy (those costs would be less than the costs of her policy with her employer).

Jim's Mailbag
March 13, 2018

Question

When a veteran has 100 percent disability can they still work .

Jim's Mailbag
March 12, 2018

Question

Hello Jim, hope all is well with you. My question is: I have been suffering from my knees a lot, pain, swelling etc. I served 7 years with the Active Army in the Infantry and 27 years in administration with the Army Reserve. During my reserve tenure I also participated in combat activities due to having to be combat ready.  My doctor at the VA is telling me that my knee issues are based on being old and nothing else.  I am 63 years old.

Jim's Mailbag
March 12, 2018

Question

I have  an upcoming comp and pension exam next week, currently rated at 90%, 50% PTSD, 30% Coronary heart disease, 20% Diabetes, 20% periphery nureothpay on each leg and 10% tinnitus.

Jim's Mailbag
March 7, 2018

Question

Hi Jim, I am a Vietnam vet. Prostate cancer 3 years ago underwent a prostatectomy. I filed a claim and just got notice that a have been declined for any claim (zero). Do I have any options to contest. I understand ED is additional. My quality of life from frequent urination is terrible. Thank you for any guidance. 

Jim's Mailbag
March 7, 2018

Question

7528 Malignant neoplasms of the genitourinary system

100

Note - Following the cessation of surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure, the rating of 100 percent shall continue with a mandatory VA examination at the expiration of six months. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter. If there has been no local reoccurrence or metastasis, rate on residuals as voiding dysfunction or renal dysfunction, whichever is predominant.

Jim's Mailbag
March 7, 2018

Question

Does selling stock and closing a IRA effect IU earnings?

Jim's Reply

No. Only earned income via gainful employment is a concern. You can win the Lotto and still receive your VA TDIU benefits. if you win the Lotto, be sure and get in touch so I can help with that.

Jim's Mailbag
March 7, 2018

Question

Dear Jim,

Thank you for all the advice that you provide for veterans seeking compensation for service-connected disabilities.

Jim's Mailbag
March 7, 2018

Question

Is the va going to upgrade bladder cancer to the same status as prostate cancer i served in va 216 on board uss coral sea yankee station 1968-1969 and i have bladder cancer.

Jim's Reply

Probably not any time soon. There's always talk about that, never any action.

Jim's Mailbag
March 2, 2018

Question

I am a 100% p&t veteran. I married my caregiver recently. (On my letter the box is checked that says permanent and total) my question is, will the VA re-exam me just because I got married? I’m not afraid of an exam at all. I see my doctor every 3 months. We just extended to every 6 months.

Jim's Mailbag
February 27, 2018

Question

I was on IU but rated with 90% disablity. So I was being paid at 100% From 2013 to 2016. May 2016 I recievced a letter that the Va will reduce take my IU and I will oy be recieving my 90%.

Jim's Mailbag
February 27, 2018

Question

I was recently awarded 100% service connected disability because of cancer caused by agent orange exposure in Vietnam. I was awarded DEA assistance. VA language in the decision letter says "Basic eligibility to DEA is granted as the evidence shows the veteran has a total service connected disability, permanent in nature. There is nothing in the VA decision letter about future medical exams. I am 69 years old.

The decision letter says nothing about P&T except the above sentence, but the VA rep at 800-827-1000 said VA records indicate my award is P&T.

Jim's Mailbag
February 27, 2018

Question

How can I get a copy of my last c&p exam? It was done in Nov.2017.this claim is from 2009,on appeal in 2010.

Jim's Reply

You can request a copy of this and all your records here https://www.archives.gov/st-louis or by writing to your VA Regional Office.

Jim's Mailbag
February 27, 2018

Question

Joe my Uncle is a Viet Nam Veteran. He has a brain Aneurysm, diabetes and blood pressure. He also had prostrate cancer and was operated on for it. He was rated at 100% now the VA has examined him and said he is cancer free. they now want to reduce his rating by half. Is this legal and does he have any recourse.

Jim's Mailbag
February 27, 2018

Question

Hi Jim, I submitted an appeal for agent orange though a DAV representative. Had a VA hearing in January 2017. The hearing officer did not make a decision. The DAV is telling me a decision still has not been made. I served in Thailand 71-72 . Should I contact an attorney or should I wait.

Jim's Reply

You have no choice but to wait for a decision. An attorney can't help you until the current adjudication is completed.

 

Jim's Mailbag
February 27, 2018

Question

How do I know if my disability is permanent? I was medically discharged with 10 percent in 1979, VA rated me at 60 percent, was later dropped to 30 percent. About 5 years ago I applied for PTSD & was raised to 60 percent. My house burnt down a year ago and I lost my records, so l don't know what they say. Thanks for your help.

Jim's Mailbag
February 26, 2018

Question

Jim I have been diagnosed with ptsd and have ask to stay at the VA to get my medication right so I would not self medicate with alcohol.I have never been deemed not capable of handling my affairs or a danger to myself or to anyone else. Will this prohibit my ability to buy a firearm or does that constitute a Mental facility.

Jim's Mailbag
February 26, 2018

Question

Would the proceeds one obtains from writing a book that took 10 years to write be considered gainful employment in regards to TDIU? Does this type of income fall into the same criteria as farming etc?

Jim's Reply

Probably not...but there are things to be considered. No matter how long it took you to bring the book to publishing and sales, it's very likely that any income from sales would be taxed in the year you earned it. You'll have to consult with a CPA or attorney knowledgeable of such income streams to be sure.

Jim's Mailbag
February 20, 2018

Question

Recently I submitted an agent orange related claim for VA disability for my heart. Diagnosed (with EKG) with mild LVH, a heart cath was done and 50% 2 vessel CAD was diagnosed. Also due to slow heart beat (Sinus bradycardia) resulted in the implantation of a Pacemaker.

Medication is currently being taken for HBP and my heart.

I am currently receiving 10% disability for tinnitus and was curious as to what rating I should expect since my heart condition involves LVH and the pacemaker implantation, etc. thank you for your help.