Friday Q&A: Get Your VA Questions Answered

Amyloidosis is covered under 38 CFR 4.1117 (diagnostic code 7717). Although there is no specific wording for “wild type” amyloidosis under this code, it does not mean there is no possibility of service connection.

It’s important to understand the difference between presumptive conditions and conditions requiring direct service connection:

• Presumptive conditions: Some conditions, like AL amyloidosis, are presumed to be connected to Agent Orange exposure. This means veterans are automatically considered for benefits if they have these conditions and served in specific locations during certain timeframes.
• Direct service connection: For conditions like “wild type” amyloidosis, veterans need to provide evidence directly linking their condition to their military service.

In your case, we strongly recommend filing a disability claim due to your toxic exposure (if you haven’t already). If the claim is denied, providing a positive medical opinion from a doctor stating that your “wild type” amyloidosis was caused by your toxic exposure will significantly strengthen your case. The VA is more likely to grant service connection with this supporting evidence.

Answered by: Former Senior Case Manager, Zach Zdroik

As a veteran, you will receive dependent pay if you are 30% or more service-connected for a spouse, even if legally separated until the time of the divorce. If you are a spouse lawfully separated from a veteran, you are not entitled to the dependent pay unless an apportionment is filed and approved.

If you are a surviving spouse that was legally separated from the veteran at the time of his death, you may still be eligible for benefits under certain conditions.

Only “surviving spouses” may be eligible for benefits upon the veteran’s death. To be considered a surviving spouse, the widow or widower must have been continuously living with the Veteran since the time of the marriage; or, if the veteran and his spouse lived apart due to the legal separation, the separation must be initiated by or the fault of the veteran.

Additionally, the following must be true:

• You’re legally married: You were legally married to the veteran at the time of their death.
• Valid marriage: If there was a legal impediment to your marriage, it may still be considered valid if:
  • The marriage lasted at least one year before the veteran’s death, or a child was born of the marriage.
  • You entered the marriage without knowing about the impediment.
  • You lived continuously with the veteran from the date of marriage until their death.
  • No legal surviving spouse has filed a claim for benefits.

In a nutshell, if you were married to a veteran but were legally separated, you may still be eligible for benefits, particularly if the separation was due to the veteran’s actions. You may also need to demonstrate financial need based on low income.

Answered by: Supervising Attorney, Megan Ellis

Simply having a VA disability rating doesn’t automatically qualify you for TRICARE. TRICARE eligibility is primarily based on your status as a:

• Uniformed service member (active duty)
• Retired service member (typically after 20 years of service)
• National Guard/Reserve member
• Medal of Honor recipient
• Survivor of a qualifying service member

However, there are specific circumstances where a disabled veteran might be eligible:

• Medically retired: If you were medically retired from service due to a service-connected disability and are on the Temporary Disability Retirement List (TDRL) or Permanent Disability Retirement List (PDRL), you are eligible for TRICARE.
• VA Disability rating and other qualifying factors: While a disability rating alone doesn’t guarantee TRICARE, it can be a factor in combination with other qualifying factors, such as being the spouse or child of a veteran who is rated as permanently and totally disabled due to a service-connected condition. In these cases, you might be eligible for the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA).

Important Considerations for Disabled Veterans:

• VA healthcare: Most veterans with a service-connected disability are eligible for healthcare through the VA. It’s important to note that if your disability rating is 50% or higher, the VA will cover most of your healthcare expenses.
• Dual eligibility: It’s possible to be eligible for both VA healthcare and TRICARE (or CHAMPVA). In these cases, it’s important to understand how the programs work together and coordinate your care.

Answered by: Former Senior Case Manager, Zach Zdroik

Yes, a disabled veteran can be recalled to active duty. However, it’s not automatic and depends on a few factors:

• Severity of disability: Veterans with disabilities rated below 30% are more likely to be recalled than those with higher ratings.
• Military needs: The likelihood of recall increases if the military has a high demand for personnel with specific skills or experience.
• Overall health: A veteran’s current health status plays a significant role. They must be able to meet the physical and mental demands of military service.
• Medical waivers: In some cases, veterans can obtain medical waivers to return to active duty even if their disability rating would typically preclude them.

Answered by: Former Senior Case Manager, Zach Zdroik

The VA uses a rating system to determine mental health disability payments. Here’s a breakdown for a single veteran in 2025:

• 0%: $0
• 10%: $175.51
• 30%: $537.42
• 50%: $1,102.04
• 70%: $1,759.19
• 100%: $3,831.30

Answered by: Former Senior Case Manager, Zach Zdroik

The VA updates claim status weekly for compensation, pension, education, and other special mission benefits. Even though it is updated weekly, this does not guarantee a change in your status. The VA must follow the following steps for every claim received:

1) Claim received – Where the VA informs the Veteran that the claim was received.

2) Initial review – Check the claim for basic information.

3) Evidence gathering – The VA will ask for specific evidence, request exams and medical records, and gather all evidence from VA records.

4) Evidence review – Formal review of all evidence.

5) Rating – VA will decide the claim and determine disability rating.

6) Preparation of decision letter

7) Final review – A senior VA reviewer will do a final review of the claim and decision letter.

8) Claim decision letter – Veterans can review and download decision letters in the claim status tool.

According to the U.S. Department of Veterans Affairs, the average processing time for a VA disability claim is 140.5 days (as of Oct 2024). However, there is no set time frame. If the veteran is able to submit all evidence for a claim in a timely manner, it increases your chances of a positive claim decision within that 140.5-day period.

The VA currently has a backlog of over 300,000 disability claims, this is largely due to the influx of PACT Act claims. But keep in mind simple mistakes like missing deadlines or not filling out forms correctly are known reasons for delays as well.

Answered by: Former Senior Case Manager, Zach Zdroik

Veteran Service Officers (VSOs) are invaluable resources for veterans navigating VA benefits. They assist with filing claims, understanding the VA system, and pursuing appeals, including identifying potential state benefits. VSOs alleviate the stress and confusion associated with securing earned benefits.

Answered by: Former Senior Case Manager, Zach Zdroik

The VA Dependents Educational Assistance program (Chapter 35) has age limits that vary based on your eligibility date:

• Eligible before August 1, 2023: Must use benefits before age 26.
• Eligible after August 1, 2023: No age limit.

This information is based on Title 38 CFR 21.3041.

Answered by: Former Senior Case Manager, Zach Zdroik

Unfortunately, pre-diabetes itself does not qualify for VA disability compensation. However, if pre-diabetes progresses to type 2 diabetes mellitus, and it is service-connected, then you will likely be eligible to receive VA disability compensation. Veterans can be assigned 100%, 60%, 40%, 20%, or 10% for type 2 diabetes mellitus according to the VA’s Schedule of Ratings (38 CFR 4.1119, Diagnostic code 7913). 

Answered by: Former Senior Case Manager, Zach Zdroik

Here are some of the key VA benefits available to 100% disabled veterans:

• No-Cost Healthcare & Prescriptions:
  • Free VA healthcare for service-connected conditions.
  • Waived copayments for most non-service-connected care.
  • Prescription medications covered at no cost.
• Dependents Educational Assistance (DEA):
  • Spouse and children eligible for up to 36 months of educational benefits.
  • Monthly stipend for college students.
  • Guidance counseling and tutoring.
• CHAMPVA Health Insurance:
  • Spouse and dependent children can receive civilian health insurance through CHAMPVA.
  • Covers most medical expenses at private facilities.
• VA Dental Coverage:
  • Free dental care for service-connected disabilities or vocational rehabilitation.
• Uniformed Services ID Card (USID):
  • Access to military facilities, discounts, and services.
  • Available for veteran, spouse, and dependent children.
• Free and Discounted Hunting Tags and Licenses:
  • Varies by state, but often offered at reduced cost or free.
• Property Tax Breaks:
  • May be available depending on state and local laws.
• Other Perks:
  • Priority travel on military aircraft (“Space A”).
  • Discounted lodging on military bases.
  • Access to recreational facilities and activities.
  • Potential for student loan forgiveness.

While VA health care benefits provide comprehensive coverage for eligible veterans, maintaining additional health insurance can offer important advantages. The Department of Veterans Affairs (VA) recommends that veterans consider keeping their private health insurance or enrolling in programs like Medicare for several reasons:

• Family coverage: VA benefits don’t cover your family. Private insurance keeps them protected.
• More options: VA care can be limited to VA facilities. Other insurance lets you see non-VA doctors.
• Future security: VA eligibility and funding can change. Extra coverage gives you a backup.
• Medicare penalties: If you don’t sign up for Medicare Part B when eligible, you’ll pay lifelong penalties.

The bottom line is that the VA benefits are great, but having additional insurance gives you more flexibility and protection. See more info at www.va.gov. 

The Department of Veterans Affairs (VA) evaluates Temporomandibular Joint Disorder (TMJ) under 38 CFR § 4.150, Diagnostic Code 9905. Ratings range from 10% to 50%, primarily based on the range of motion of the jaw and any dietary restrictions necessitated by the condition.

Here’s a breakdown of the rating criteria:

• 50% Rating: Inter-incisal range (distance between upper and lower front teeth when mouth is open) of 0 to 10 millimeters (mm) with dietary restrictions to all mechanically altered foods.
• 40% Rating: Inter-incisal range of 0 to 10 mm without dietary restrictions; 11 to 20 mm with dietary restrictions to all mechanically altered foods; or 21 to 29 mm with dietary restrictions to full liquid and pureed foods.
• 30% Rating: Inter-incisal range of 11 to 20 mm without dietary restrictions; 21 to 29 mm with dietary restrictions to soft and semi-solid foods; or 30 to 34 mm with dietary restrictions to full liquid and pureed foods.
• 20% Rating: Inter-incisal range of 21 to 29 mm without dietary restrictions; or 30 to 34 mm with dietary restrictions to soft and semi-solid foods.
• 10% Rating: Inter-incisal range of 30 to 34 mm without dietary restrictions; or lateral excursion (side-to-side movement) of 0 to 4 mm.

For VA compensation purposes, the normal maximum unassisted range of vertical jaw opening is 35 to 50 mm. “Mechanically altered foods” refer to foods that have been blended, chopped, ground, or mashed to make them easier to chew and swallow. To qualify for a higher rating based on dietary restrictions, a physician must document the necessity for such a diet.

It’s important to note that ratings for limited inter-incisal movement cannot be combined with ratings for limited lateral excursion. Instead, the VA will assign a single rating based on the predominant limitation.

For more detailed information, refer to the VA’s Schedule for Rating Disabilities under 38 CFR § 4.150. (ecfr.gov)

If you’re considering filing a claim for TMJ, ensure that your medical records comprehensively document your condition, including range of motion measurements and any prescribed dietary modifications. This documentation will support an accurate evaluation of your disability rating.

The average VA disability rating for neck pain is typically between 10% and 40%, depending on the severity of the condition. Higher ratings (50% or above) are reserved for cases with significant limitations, such as severe ankylosis (spinal fusion) or neurological involvement.

The VA uses the General Rating Formula for Diseases and Injuries of the Spine under 38 CFR § 4.71a to evaluate most neck pain conditions. This rating formula is based mainly on range of motion measurements and the presence of symptoms such as pain, stiffness, or aching in the area of the spine affected by residuals of injury or disease.

The time it takes the VA to correct an error can vary significantly depending on several factors, including the type of error, the complexity of the issue, and the availability of necessary information and resources.  

Here’s a general overview of the timelines for correcting errors through different review processes:

Higher-Level Review (HLR):

• VA Goal: 125 days (approximately 4-5 months) on average for claims not related to healthcare benefits.  
• Factors that may cause delays: Obtaining records, scheduling new exams, or if the veteran requests an informal conference with the reviewer.

Supplemental Claim:

• Timeline: Similar to HLR, the VA aims to complete supplemental claims within 125 days.  
• Purpose: Used to submit new and relevant evidence to support a previously denied claim.  

Clear and Unmistakable Error (CUE):

• Timeline: No specific time limit for filing a CUE claim or for the VA to make a decision.  
• Factors affecting timeline: Complexity of the error, availability of evidence, and the VA’s workload. CUE claims can be straightforward if done correctly, potentially leading to quicker decisions.  

Duty to Assist (DTA) Errors:

• Timeline: No concrete timeframe for correcting DTA errors.  
• Factors affecting timeline: Obtaining missing records, scheduling necessary medical exams, and the responsiveness of healthcare providers or other entities involved.

General Considerations:

• Complex Errors: Some errors may take longer to correct due to their complex nature.  
• Initiation of Corrective Actions: The VA aims to initiate corrective actions on all national errors within 30 days of notification.
• VBMS Notes: For errors that cannot be immediately resolved, the VA will enter permanent VBMS claim notes to track the progress of the correction.  

Tips for Veterans:

• Be proactive: Follow up on your claim and inquire about the status of the correction.
• Provide complete information: Ensure you submit all necessary evidence and documentation to support your claim.
• Seek assistance: If you encounter delays or difficulties, consider seeking assistance from a Veterans Service Organization (VSO) or an accredited representative.

When discussing VA disability, it’s more accurate to talk about “presumptive conditions” rather than conditions that “automatically qualify.” This is because even with a presumptive condition, a veteran must still meet certain service requirements to be eligible.

Presumptive conditions are conditions the VA presumes are caused by your military service based on where and when you served. This means you don’t always have to provide direct proof of a service connection, but you do have to meet the eligibility requirements, such as proof of where and when you served in an area with presumptive conditions.

Examples include:

• Certain cancers and respiratory illnesses related to Agent Orange exposure during the Vietnam War.
• Illnesses related to contaminated water at Camp Lejeune.
• Certain conditions related to exposure to burn pits in the Gulf War and post-9/11 eras, as expanded by the PACT Act.
• Certain chronic conditions arise within one year of discharge.
• Conditions related to being a Prisoner of War (POW).

Key factors:

• Service History: Your eligibility depends heavily on your service history, including where and when you served.
• Diagnosis: You must have a current diagnosis of the condition that is on the presumptive list of conditions associated to where you serve.
• Meeting the Criteria: Even with a presumptive condition, you must still meet the VA’s criteria for that specific condition.

The VA’s 5-year rule provides stability for veterans with service-connected disability ratings. If you’ve maintained the same rating for a specific condition for five years, the VA cannot reduce that rating unless all evidence of record shows sustained improvement of the disability. This rule protects veterans from rating reductions based on isolated examinations.

However, it’s important to remember that this rule doesn’t make your rating completely immune to change. The VA can still adjust your rating if they discover evidence of fraud or if all evidence of record demonstrates sustained improvement in your condition. The 5-year rule primarily acts as a safeguard against arbitrary reductions.

This is a tricky question because the VA’s ability to “prove” a disability depends heavily on documentation. However, some disabilities are inherently harder to document than others.

These often include:

• Subjective conditions: Things like chronic pain, migraines, and certain mental health disorders (like PTSD) can be difficult to quantify with objective medical tests.
• Conditions with fluctuating symptoms: Some disabilities have symptoms that come and go, making it hard to capture them in a single medical exam.
• Conditions where the veteran has a lack of medical records: If there is no documentation of in-service events that caused the disability, or a lack of continuous medical treatment, it can be very difficult, but not impossible, to service connect a disability.

The “70/40 rule” refers specifically to a criterion for Total Disability Based on Individual Unemployability (TDIU) benefits from the VA. It’s not a general disability rating rule.

To qualify for schedular TDIU under the 70/40 rule, a veteran must have:

• At least two service-connected disabilities
• A combined rating of at least 70 percent
• At least one of those disabilities rated at 40 percent or higher

This rule acknowledges that multiple, moderately severe disabilities can collectively prevent a veteran from maintaining gainful employment, just as a single, severe disability might.

The best way to check if you’re on the VA’s Airborne Hazards and Open Burn Pit Registry (AHOBPR) is to log in directly to the official registry website.

• Go to the VA’s official website for the registry (you can search the VA site for “Airborne Hazards and Open Burn Pit Registry” to find the current page).
• You’ll typically need to sign in using your existing DS Logon, My HealtheVet, or ID.me account credentials — the same ones you might use for other VA online services.
• Once logged in, you should be able to see your participation status or complete the registry questionnaire if you haven’t already.

Keep in mind, joining the registry is voluntary and helps the VA track health issues, but it doesn’t start a disability claim on its own. It’s mainly for veterans and service members who served in specific locations during certain periods (mostly post-9/11).

No, they are different VA benefits, although sometimes a person might receive both.

• DIC (Dependency and Indemnity Compensation): This is a monthly payment for eligible surviving spouses, children, or parents of a service member who died in the line of duty, OR a veteran whose death resulted from a service-connected injury or illness. The key here is that the death is linked to military service.
• Aid and Attendance (A&A): This is an additional monthly payment that can be added on top of certain other benefits (most commonly the VA Survivors Pension or Disability Pension). It’s for veterans or survivors who need help with daily activities (like bathing, dressing, eating), are bedridden, live in a nursing home due to disability, or have very limited eyesight. It’s based on needing regular personal care.

So, DIC is based on the cause of the veteran’s death (service-related), while Aid and Attendance is based on the recipient’s need for help with daily living.

No, these are two different monthly benefits for survivors, with different eligibility rules.

• Survivors Pension: This benefit is for low-income surviving spouses (who haven’t remarried) and unmarried children of deceased veterans who served during wartime. Importantly, the veteran’s death does not have to be related to their military service. Eligibility heavily depends on the survivor’s yearly family income and net worth meeting certain limits set by Congress.
• DIC (Dependency and Indemnity Compensation): As mentioned above, DIC is paid when the veteran’s death was related to their service (or happened under specific circumstances). DIC payments are generally not based on the survivor’s income level (though there can be exceptions for parent DIC).

The main differences are the cause of the veteran’s death (service-connected for DIC vs. not necessarily service-connected for Pension) and the income requirements for the survivor (needs-based for Pension vs. generally not needs-based for DIC).

While both Agent Blue and Agent Orange were chemical herbicides used by the U.S. military during the Vietnam War (often sprayed from aircraft), they were different chemicals used for different primary purposes:

• Agent Orange: This was the most widely used herbicide. It was primarily a defoliant, designed to kill broadleaf plants like trees and dense jungle canopy, removing cover for enemy forces. Its active ingredients were the chemicals 2,4-D and 2,4,5-T. A major issue with Agent Orange was its contamination with a highly toxic dioxin (TCDD) during manufacturing. This dioxin contaminant is linked to many serious long-term health problems recognized by the VA, including various cancers, diabetes, heart disease, and Parkinson’s disease.
• Agent Blue: This herbicide was mainly used to destroy grassy plants, specifically rice paddies and other food crops, aiming to disrupt the enemy’s food supply. Its active ingredient was cacodylic acid, which is an arsenic-based compound. While arsenic is also toxic and can cause health problems, the health concerns specifically associated with Agent Blue exposure relate primarily to arsenic poisoning, which has different effects than the dioxin (TCDD) found in Agent Orange.

In short:

• Agent Orange targeted forests, contained dioxin (TCDD), and is linked to a wide range of severe health conditions.
• Agent Blue targeted rice/grasses, contained arsenic, and health concerns are related to arsenic exposure.

Symptoms of toxic exposure for veterans can vary quite a bit. What symptoms show up can depend on the specific substances a veteran was exposed to, how long the exposure lasted, and their own individual health. A wide range of substances could be involved, such as chemicals like those in Agent Orange, emissions from burn pits, or different industrial solvents.

Some common signs and symptoms that veterans might experience include:

• Respiratory issues: These are common and can include a cough that doesn’t go away, shortness of breath, bronchitis, asthma, or other lung conditions.
• Skin conditions: These might include rashes, itching, chloracne (a specific type of acne caused by certain chemical exposures), or other skin problems.
• Neurological problems: Symptoms can include headaches, memory problems, trouble concentrating, numbness or tingling in hands and feet (peripheral neuropathy), tremors, or even conditions similar to Parkinson’s disease.
• Cancers: Various types of cancer have been linked to toxic exposures and can affect different parts of the body.
• Chronic fatigue: Feeling very tired much of the time, even with enough rest.
• Unexplained muscle or joint pain.
• Gastrointestinal issues: These can show up as nausea, vomiting, diarrhea, or abdominal pain.
• Cardiovascular problems: Conditions affecting the heart and blood vessels.
• Mental health conditions: While not always a direct physical symptom of the toxin itself, the stress and health problems from toxic exposure can contribute to or worsen conditions like anxiety and depression.

In short: Symptoms are diverse and can include breathing problems, skin conditions, neurological issues, and various cancers, depending on the specific toxic substance involved.

If you are a veteran and believe you were exposed to harmful substances during your service and are experiencing health problems, it’s very important to see a doctor, especially one who is familiar with military-related health concerns.