Benefits

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.

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.

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.

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.

Question:

I am a Vietnam vet with CLL. I have been in treatment since 2019 and am now in remission. The VA just scheduled me to an independent test/evaluation. My Oncologist tells me a cure for CLL is questionable. I am concerned that the VA will end my benefits because of the remission. My understanding is that CLL cannot be cured and will reappear…..

Jim's Reply:

The laws, rules and regulations require VA to provide your benefits to match the disease you have at a given time. Any time we have a service connected cancer we are awarded a temporary 100% rating that lasts while we're having treatment. Once the treatment is done, we no longer have the cancer and can't be rated at 100%.
 

Whether or not your disease may reappear doesn't mean that you aren't currently in remission and you don't show any trace of the disease and that means you can't be rated at 100% for a cancer. If the cancer should reappear, your rating will return to 100% as soon as you do the paperwork.
 

I don't think the system is fair in that this doesn't account for the suffering you've gone though and the toll all this takes on your mental health. If you find that all this has caused you anxiety, depression, sleep loss and such, you can file for those conditions and any other that are left from your therapy. If you have scarring from any surgery or any other conditions, be sure to tell the examiner.
 

Good luck sir.

Question:

Hi. My 71 yr old grandfather got out of the service after Vietnam and has a 50% rating for memory loss. He’s recently gotten a lot worse to where he now does not remember anyone and needs constant in-home care and neurology treatment. His memory loss was mild after he left service and was service related. Is there anything I can do to help him and my mom raise his VA rating so that he can afford the care he needs?

Jim's Reply:

Yes, there is a lot to be done. If he has a current 50% disability rating for memory loss you can help him to build on that. He will have to file a new disability claim and go through the process again so you may want to seek some help from either a social worker or a state benefits representative at his VA medical center.
 

It may be simplest for you to visit the VA medical center closest to you and simply ask for help. Calling is also an option but the VA phone system is often a challenge to use so if possible, just go in and seek assistance.
 

If his service connected disability is causing or contributing to his need for care, he may be eligible for many programs to help. Good luck! And thank you for taking care of your veteran grandfather!