Jim's Mailbag

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.

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%.

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.

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.

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.

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.

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.

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.

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.

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.

Question 

I was in Vietnam Nam from July 1968 to July 1969. I didn't have a heart problem when I arrived in country. I had a physical before I left country and the Cardiologist told me I had developed a heart murmur but that it wouldn't be a problem. As I got older the problem worsened and in the spring of 2008 I had aortic valve replacement. Before surgery I was cathed and was told that two of my arteries were blocked 50 percent.  I put in a claim and it was denied. I am not sure when IHD was considered a compensable disease for agent orange related problems.

Question

Just went to DAV seeking to file notice of disagreement re: temporary 100% evaluation to permanent due to incurable metastatic prostate cancer which will require treatment for the rest of my life. They stated that VA's stance is that all cancers will improve and therefore they will never grant disability permanent unless it becomes terminal. Is it worth my filing Disagreement?  Thank You.

Question

Initially filed claim for back sept 2015. C & P nov 2015.   Denied upgrade on back in dec 2015.  Filed appeal sept 2016 (within 1 year  of claim Daniel).  Went for Another C & P in back for the appeal on dec 12 2017.   Still not heard a decision on my appeal rating.  I got a copy of my last c and p and was favorable on my behalf.   Why is it taking so long to hear a rating for the appeal. Been over 2 months since the c and p.  I have recieved other rating fairly quick. 2 to 4 weeks in the past. How can I check in this status?

Question

My children's father is a disabled veteran that is 70 percent service connected.He was declared incompetent a few years back which caused his funds to go to a fuidicary. His mother is in control of the children's benefits somehow. She has told me that they receive $500.00 a month combined for them. I looked at the pay chart for a veteran with one child that is 70 percent service connected and they receive $1442.48. I need to know how I can find out the exact amount their receiving and how can I get the money issued to me??

Question

Jim,

I live in Califonia and my ex-wife lives in Oklahoma. When our divorce was finalized it was 2015, so now Oklahoma has jurisdiction for child support.

How would I go about finding out the Family Court who has jurisdiction in Oklahoma?

Right now the State of Oklahoma is claiming I more than I make based on the decision of the Family Court here in California when I was receiving more money from BAH when I went to college in 2015.

Thank you for whatever help you can give me.

Question

When I log into ebennys to check my disability rating it says N/A. I’ve never heard nor seen that before. Thanks.

Jim's Reply

The ebenefits site is notorious for its frequent failures.

Information often changes from moment to moment, you may see excerpts from some other veterans file or the site may not work at all for you.

We advise that you use caution when accepting anything you see on the site. If it doesn't feel quite right, it probably isn't.

Jim

Question

My husband has his evaluation tomorrow, he has been at 80% rating, 70% ptsd , 10% ankle injury. He has always gone to all psych appointments, but the meds she would always prescribe him would never work, only make him feelingless & unemotional like a zombie. I have been with him total of 7 1/2 years on & off, steady for last 3 1/2 yrs, & have seen no better change. If anything i have seen things get worse. But we feel his psych only listened because "she had to".

Question

I just read a question from another veteran about a diagnosis of prostate cancer. The situation was similar to my own and the vet was concerned about the possibility of benefits being stopped because of an initial diagnosis with two subsequent negative biopsies.

Question

100% due to Agent Orange Heart Attack.  Only taxable income is less than $7000/Yr.  Recently Express Scripts sending me co-pay charges. Do I have to pay them?  Any waivers available?

Jim's Reply

In most cases, you shouldn't be paying a copay at all unless your 100% rating is temporary or some typical OTC medicines are prescribed. Have a look at this brochure.

Question

I'm 100% iu for PTSD plus 60% for hypertensive CKD stage 3 am I eligible for SMC (s) for 100% plus 60