Jim's Mailbag
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September 8, 2020
Question:
I'm 58 years old and lost my military birth certificate after the loss of both parents. My dad was in the Army and I was born in Germany. I just need to know where to go to get my birth certificate? I'm lost!!! Please and thank you.
Jim's Reply:
You'll want to begin here https://www.archives.gov/personnel-records-center. Good…
September 7, 2020
Question:
How or who could I sell payments of my pension for a lump cash payout? There is an immediate need.
Jim's Reply:
You can't. Such an arrangement to sell or assign a VA pension wouldn't be strictly legal. There are any number of schemes for increases or cash payouts based on VA pensions, you should avoid all of them or you could…
September 7, 2020
Question:
My ex-husband is rated 100% disabled with the VA and has child support arrears of over $10,000. Our son is now 18 and the court has ordered my ex-husband to pay $350 monthly towards the back support. He has yet to pay anything and the court doesn't seem to make him pay. His disability payment is over $3000 monthly and can afford to pay…
September 7, 2020
Question:
I have recently readied a stack of buddy letters to be submitted to the VA for PTSD
. Unfortunately the buddy letters are quite incorrect with some of the information being supplied. Dates are wrong and events are in reverse which makes a huge difference. Along with some of it being hearsay from others. Should this be addressed to the…
September 5, 2020
Question:
I receive 30% disability for removal of ovaries. My uterus was removed too. Should my rating be 50%
Jim's Reply:
In the schedule we see:
7617 Uterus and both ovaries, removal of, complete: For three months after removal 100% Thereafter 50%.
So, yes...it appears your rating should be 50%. To get this corrected you should file an…
September 5, 2020
Question:
I have a 30% VA disability under Blue Water Vets Act for IHD and quadruple bypass surgery in 2020. In 2018 I suffered a stroke as result of carotid artery disease. Is carotid artery disease covered as presumptive service connection under Blue Water Vets Act ?
Jim's Reply:
No. Carotid artery disease as well as any other peripheral…
September 4, 2020
Question:
Hi Jim, I have been rated 100% Service Connected Disabled by the VA. I am 59 YO and my wife is 57 YO. I currently receive all of my medical care from the VA, and I am very happy with my care. Because I am 100% disabled, the VA has informed me that my wife is eligible for the CHAMPVA medical insurance. I have a couple of questions for…
September 3, 2020
Question:
Hi Jim. I do not understand how a cancer diagnosis anywhere in your body can ever be considered for down grading of a disability claim. Cancer is never consider cured only in remission. Why would the powers to be allow the VA to assume you are cured so they down rate your disability rating? :(
Jim's Reply:
I'm not sure who told you…
September 3, 2020
Question:
Good afternoon. I am currently receiving TDIU and also Long Term Disability (LTD) benefits from a previous employer plan. Am I able to receive the LTD benefits in conjunction with TDIU or is receiving LTD benefits jeopardizing my TDIU benefits? If I am jeopardizing my TDIU benefits, please advise the best course of action. Thank you for…
August 27, 2020
Question:
Jim, I asked a question a couple day ago about filing a claim for rating increase for my service connected Agent Orange Ischemic Heart Disease due to a pacemaker implant for Symptomatic Sick Sinus Syndrome. My cardiologist does not want to include a note in my health record saying that the SSSS is secondary to IHD. If I file a claim for…
August 26, 2020
Question:
For dual military, when one is the primary on a lease and they get medically discharge, having that DF214 can they break the lease without penalties.
Jim's Reply:
That's going to depend on the terms of the lease, the state you're in and a whole lot more. If there is a part of the language in the terms of the lease that tells you a…
August 26, 2020
Question:
How to get Legal assistance on family law concerning child custody court order for a disabled veteran.
Jim's Reply:
The fact of the matter is that there isn't much free legal help for a divorcing veteran. I should rephrase that to say that there isn't much free legal help for anyone getting a divorce, veteran or civilian. When…
August 26, 2020
Question:
I recently received my TDIU and they gave me back pay to January. Two part question. I received unemployment during this period but did not work. Any concerns there? Also if I do decide that $3,500 a month will not sustain my family two months into my TDIU rating, will they attempt to ask for back pay back? If I notify the VA that I did…
August 25, 2020
Question:
In 2017 I was rated 100% P&T, in April 2020 I was found to have OSA and rated 50% for that condition. How will the VA treat that additional rating for pay?
Jim's Reply:
Your rating will remain at 100%. Once you've reached 100% additional ratings have no monetary effect unless and until you reach a 100% plus 60% status at which…
August 25, 2020
Question:
Hi Jim, Thank you so much for being willing to answer questions! Short of the long, I was injured during training and am 99% certain my collar bone was broken and relatively severe damage to my shoulder occurred. Medical told me I was perfectly fine and sent me back to training, and that the visible fracture/break was swelling. It’s…
August 25, 2020
Question:
I recently received a VA disability back pay. I am now considering divorce. I tucked this money away in a separate bank account so it is completely isolated from our mutual funds. I am willing to disclose this as asset to be completely honest to the court, but I also want to consider putting the money into stocks so I can allow it to…
August 24, 2020
Question:
Jim, will high blood pressure be added to presumptive diseases to agent orange list?
Jim's Reply:
August 24, 2020
Question:
I submitted a claim with VA in January 2020 for PTSD
. Had c&p exam the first week of February and received a 70% PTSD
rating around the end of February. Pretty quick I know. My total rating is 80% with other ailments I have.
August 24, 2020
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:
August 21, 2020
Question:
I am a 100% disabled vet, had a car accident on 12/15/19 , right before I was due to turn 65 on 1/1/20. I hadn't yet signed up as a Plan B participant , but, I think you are covered even though you haven't signed yet. Well, my bills are rolling in and everything coming back from the VA and Community Care show they are not paying for…