Jim's Mailbag

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Jim's Mailbag
July 2, 2018

Question

 

I had a formal DRO hearing in January 18th 2018. All 4 issues was pitched to the dr no questions was asked by the hearing officer. It has been 5 months since the hearing in detroit. Is this normal for them not to move on a case. I called the other day and asked a status i was told they was still waiting for transcripts to be uploaded. Can i do anything to move this faster.

 

Jim's Reply

 

There is nothing you can do to make the process move along any faster.

Jim's Mailbag
July 2, 2018

Question

 

Can a rating officer take a statement from the C and P examiner, for Veteran will likely get better with treatment and deny TDIU?  Also, say I attended said treatment and was discharged as a result of a secondary condition (SUD)-this is whole other story-Now I do not trust the VA to do the trauma therapy...do I have a winnable appeal?  I have since attempted suicide twice and was in a lockdown VA center, and am currently attending programming.  Would this be new evidence to submit with my ramp opt-in?

 

Jim's Reply

 

Jim's Mailbag
June 29, 2018

Question

 

Jim I would like to know if it would be beneficial for me to pursue a P/T rating, I was rated at a 100% schedular rated back in 2013 for mental / back/ loss of use of creative organ.I turned 55 in March of this year, I've also been diagnosed with sleep disorder, Ptsd , had both shoulders operated on from falling down stairs when my back gave out / right foot drop , none of these issues have had claims summitted. I'm constantly at the doctor, please provide your advice

Jim's Mailbag
June 29, 2018

Question

 

Sir,

The VA has rated me at 100%. However, I've been awarded 80% and not permanent. I was awarded in 2011. What educational benefits my wife are entitled?

 

 

Jim's Reply

 

If you have a temporary (not permanent) rating your dependents aren't entitled to any additional benefits.

Jim's Mailbag
June 29, 2018

Question

 

Hi Jim,

I am 39 years old and served 4 years in the Marine Corp. I am currently rated at 80%. I am 70% for PTSD from MST (military sexual trauma), 30 % for right leg injury and 10 % for Tinitus. I was just notified by the VA that my Individual Unemployability was granted but like most people it is not considered Permanent and Total.

 

Jim's Mailbag
June 29, 2018

Question

 

I have put in a claim; hurting my back, while on activity Duty; been send to A Va examiner; claim been denied 3 times!

 

 

Jim's Reply

 

You should be talking with an accredited veterans law attorney. You can find a few who I work with here https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html

Jim's Mailbag
June 25, 2018

Question

Hello Jim , I was rated at a 100% schedular rating back in 2010 , the bulk of my claim is mental and back,I also have other multiple service connected conditions that I haven't been rated for , I also receive SSDI, should I apply for Unemployability though the VA?

 

Jim's Mailbag
June 22, 2018

Question

 

Jim, I am a Vietnam war vet and have been using the VA hospitals and other areas where ever we live. We've moved 1 year ago from Colorado to Tucson AZ. We've just now realized that our 2 year old will from Colorado might not be legal in AZ.  Lawyers are so expensive and on-line help is very confusing with no definite answers.  Can you help? 

 

Jim's Reply

 

Jim's Mailbag
June 21, 2018

Question

My son was diagnosed two weeks ago with throat cancer an he has claims at the BVA should he inform them so they can expediate his claims? Thank you for your advice

Jim's Reply

He should inform his representative...I'll assume he has a lawyer if he has an appeal before the BVA. As a rule VA won't expedite anything unless and until it's verified that the veteran has been accepted into hospice care. Acceptance into hospice care is a signal that the individual has less than 6 months to live and VA usually tries to resolve any issues then.

Jim's Mailbag
June 21, 2018

Question


Can I refuse a urine test.I am on NO meds. Not even an aspirin.I get handed a cup every time I see the Dr.

 

Jim's Mailbag
June 21, 2018

Question

I’m a Navy veteran that worked on the flight deck.

Jim's Mailbag
June 21, 2018

Question


I have been rated 100% by the VA but I have not receive permanent and total. The VA letter said that I have one condition that will be re-evaluated for mental condition. But the issue I have is if the VA was to take away my mental condition I would still be at 100% for my static conditions. I was basically told that I am not considered total and permanent due to a technicality. I thought the benefits should be given in the favor of the veteran. I am losing out on critical additional benefits because I am not total and permanent. How can I get this rectified?

Jim's Mailbag
January 24, 2011

Jim,

if you say lung diorders are being paid for being in Vietnam why are they arguing mine for ten years. i have what they say are deposits and they are increasing as i get older i was air mobile artillery 68-70 without the stories why would i be denied after extending constand combat duties. and agent orange,is there something wrong here

Reply:

I can't recall that I've ever said that lung disorders are being paid for. I don't know of any other advocate who says that either.

Jim's Mailbag
October 28, 2010

Jim,

Well, I read your article and found it interesting. I've had prostate cancer since Aug.08 and was treated in Dec. 08 with brachytherapy. I had two types of cells. I had the something-else-will-kill-ya-first type and also had the medium aggressive cell structure. My PSA at time of treatment was only 2.6 and it's a good thing DRE found it or I still wouldn't know I had prostate cancer. My C & P is scheduled for the end of Sept.

Jim's Mailbag
March 28, 2018
Jim's Reply Your question is complex and probably has a dozen good answers. So...it depends. I elect Part B for myself because my civilian doctor is 5 minutes away, my VA doctor is 2 hours from me. I like my VA doc, just not that much. I've not tried to use the Choice Program but since it's been a huge failure, I wouldn't rely on that. You have to balance your finances to your need for convenience. If you can deal with VA, don't take B. Keep in mind that if you change your mind down the road that there are penalties and B will get much more expensive for you.
Jim's Mailbag
March 28, 2018

Question

I'm 55yrs old and currently rated at a 100% scheduler VA rating ,not P/T. I also receive SSDI.I was rated a 100% in 2013, prior to that rated at 70%. My ratings are as follow  100% major depressive disorder ,40% HNP, lumbar spine (post operative) with degenerative joint disease,10% right lower extremity sciatic sensory deficit (claimed as muscle spasm and numbness of right lower extremity.)I Know I will never be able to be gainfully employed ever again.