Benefits

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

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Frequently Asked Questions about VA Disability Overpayments

Did you receive a VA overpayment letter? If so, these answers to "Frequently Asked Questions about VA Disability Overpayments" can help.

P & T?

Question:

I have been receiving 100% for residuals for lung cancer for 6 years. I was recently called in for re-exam. I was left at 100%. This all due to agent orange. I still am not P&T. Should I try for P&T or just wait? Also, will it take another 6 years before another re-exam? I am 79. 

 

Jim's Reply:

You're already Totally disabled...the T of P & T. What you lack is the permanent or the P part of that abbreviation. You likely won't ever achieve a permanent rating...there is no way to try, no forms to complete for that part of the rating.
 

At this point if you're collecting the 100% benefit, were I you, I wouldn't worry about whether it's rated as permanent or not. I can't predict if or when you may get another exam but again, there is no additional benefit for you so I wouldn't give it any thought. Good luck sir.

 

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Legal Needs Check-up Tool - Interactive Interview

Try our navigator to find legal information and where to get help with your legal issue.

VA Disability Compensation and Divorce: Facts and Fallacies

Frequently asked questions about VA disability compensation and how the court handles it in divorce, family support, garnishment and military pension divisions.
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Frequently Asked Questions about the PACT Act

Answers to Frequently Asked Questions (FAQs) about the PACT Act. The Act provides eligibility and benefits to veterans exposed to burn pits and toxins during military service.

PACT Act

Question:

I believe my Parkinson’s disease may have been triggered by the severe contamination of Subic Bay in the Philippines. I was stationed there in 1991-92, the year the base was closed. If the base was in the US, it would have been deemed a major Super Fund Site. It has been closed for 30 years and FOIA requests of water quality and such have proven useless as nothing can be found. Is this a lost cause?

 

Jim's Reply:

A lost cause? No, not by a long shot. The recent passage of the PACT Act promises a lot more attention to claims by veterans who have been harmed by exposure to HAZMAT substances. This doesn't guarantee that you'll win any benefits but your opportunities to have your claim recognized have increased a lot.
 

File your claim! Tens of thousands of other like you have done the same recently. Good luck sir.

 

The Rules

Question:

My husband and I originally married in 1985 and divorced in 1998, remarried each other in 2001, and now are getting divorced in 2023. I would like to know how this breaks down for Tricare, as far as the 20/20/20 rule is concerned.

 

Jim's Reply:

Eligibility rules are here.

Under the 20/20/20 rule, you keep TRICARE health care benefits for as long as you remain eligible if:

  • You were married to the service member for at least 20 years,
  • The service member served in the armed forces for at least 20 years, and
  • The marriage and the period of service overlapped for at least 20 years.

 

Increased Rating?

Question:

Jim, I am at 60% disability for Agent Orange Ischemic Heart Disease. I have now been diagnosed with Sick Sinus Syndrome and am scheduled to have a pacemaker implant in a short while. Should I submit a claim for an increased rating due to the pacemaker or would I be wasting my time? Thanks much.

 

Jim's Reply:

Yes, you should file for an increase in your rating by claiming the SSS as secondary to the IHD. You'll need to be sure that your cardiologist who is responsible for implanting and maintaining the pacemaker writes a note to that effect in your records. Once that's done, you should be good to go.

 

TDIU

Question:

I am 100% P&T TDIU… I am 9 months from 20 years, not that any of that matters to the VA. I debating if I should open a claim to connect my diabetes to my sleep apnea/hypertension. Should I let sleeping dog lie? I understand I don’t gain money but if I pass on, I am concerned that my wife won’t get DIC if I don’t pass from my service connections. Thank you for your service and time.

 

Jim's Reply:

The 100% TDIU benefit is exactly the same benefit as the 100% schedular benefit and brings with it all the same privileges...including DIC for your spouse. In order for your spouse to be eligible for DIC, you must be rated as permanently 100% disabled for at least 10 uninterrupted years OR die from a rated condition.
 

So if you're going on 20 years, you can be run over by a truck and she'll be eligible for her DIC benefit. 


Be careful who you share this with and watch for speeding trucks. Good luck sir.

 

PSP?

Question:

I am new at this PSP disease and Most of the mail I am reading in your mail bag is years old or maybe I'm looking in the wrong places. Is PSP presently listed as something that is worth filing a claim for. I was just diagnosed with it Oct 2022 and am seeing my representative who files my claims for me. She can not find any claim forms at the VA that she can file for this disease. I served in Vietnam in 66-67 as a crew chief/door gunner on a Huey helicopter and of course we flew support for the aircraft that was spraying this stuff and we followed up a few days later with troop support search and destroy missions in that same area. I am presently seeing a neurologist and he said this disease was definitely PSP and I should file a claim for it. How many others from my era or the war in Vietnam have been shown to have a correlation to PSP and Vietnam? I am not presently looking for an attorney to help with my case yet and do have on available thru my group support leader that I see on a weekly basis for PTSD . Any help is appreciated.

 

Jim's Reply:

The first thing to know is that Progressive Supranuclear Palsy is not the same as Parkinson's disease. While Parkinson's is widely recognized as being caused or contributed to by many factors, less is known about the cause of PSP.
 

I can't account for your representative's not understanding how to file a claim for the disease since the claim would be filed just as any other claim would. The disease is very well known to the VBA claims system as we can see in the BVA decision search results here. If you'll click through that link you'll find many BVA appeals that will tell you a lot about service connection for the condition.


Those are all important to you as you think of filing your own claims...read and learn! The more time you spend reading the results of what others have done, the better your chances are.
 

You can't ask for an attorney to help you yet...the VA won't allow that. You have to be seeking an appeal of a denied claim before you can retain a veterans law attorney to help you. However, since you tell me that your current "representative" isn't able to figure out how to file a perfectly reasonable claim for you, you may want to think about finding another way to get your VA claims in order.
 

I like the DIY method where we file the claim and don't depend on these "VA reps" so much.
 

Good luck sir.