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[VetlawUS]

Howdy, all - some of you already know me...I'm Chris Attig with the Veterans Law Blog.

I'll be guestposting regularly here on HadIt...my goal is once a week to post a written and/or video blog post.

Here's my first post from yesterday: 6 Reasons to Keep Fighting Even AFTER You Reach 100%

Tbird has given me a few topics that she wants me to write on, but I want to hear from you, too....if there is a Veterans Law or VA Claims Process topic you want me to write about, post it in this thread.

If you'd prefer to keep your details confidential/private, send me a message through this page - be sure to mention HadIt.com, so I add your question to my topic list!

http://www.veteranslawblog.org/send-me-feedback/

Looking forward to meeting more of you at this awesome site - HadIt has been around for so long helping Veterans that I am humbled and honored to be able to contribute. Thanks, Tbird!! You're a true warrior!

Chris Attig

VeteransLawBlog.org

 

 

[Tbird]

Thank you Chris - Thanks for helping to help our brothers and sisters.

[Buck52]

Question

What happens to veteran who is rated with a SC 90% over all combined rating

& Awarded at 100% TDIU P&T rating because his disability causes him unable to work or do any kind of employment (hearing impairment) this disability is shown to be of nature and no exams scheduled &

currently this P&T rating has been concurrent for 13 years  my question is  what if the veteran  files a new claim for PTSD   With a RECENTLY NEW VA MH Psychiatrist Diagnoses for DSM 5 PTSD  Caused by his prior Vietnam military service.

Will the VA propose to reduce his current rating of the TDIU P&T and take it away and rate the PTSD to a specific rating % from what his symptom's show to be,  even though(Noise hearing induced hearing loss does not improve)

or does the veteran keep his current TDIU P&T rating  and the VA adds to his percentage...100% plus? if the PTSD rating is 60%or more and possible qualify for SMC's House Bound?

Or should the veteran being at the TDIU P&T Already  just leave things the way they are? is it in the best interest of the veteran to file  the PTSD Claim? 

to at least get the PTSD SC  AND  possibly add to his current rating?

 

I Hope this all makes sense   what should the veteran be advised to do?

 

Thank you in Advance

 

......................Buck

Edited September 22, 2015 by Buck52

[broncovet]

Ok, Chris, I have a few, where myself/other Veterans seem to be confused:

1.  Waiver of RO consideration.  According to fast letter 14-02, this is no longer necessary, at least the way I read it, but I have seen even experts (some of hadit's very best) incorrectly indicate that the Waiver is necessary.  

2.  Did VA pay us the right amount of Retro,  and what do we do when they dont?  YOu need to include some basic things, here, such as the payment begins the first day of the month AFTER the effective date, (many Vets get this one wrong).  There is a retro calculator that helps, too, but it is not able to "change" when dependents change, such as they reach 18, the Veteran divorces, remarries, etc.  

https://www.microhealthllc.com/veterans-disability-rating-compensation-calculator/

3.  A "step by step" list for Veterans to give their spouses "what to do" when they die (as far as VA benefits, DIC, substitution of claimant, etc).  Most importantly, our spouses (upon our death) need to know "who to contact that they can trust."   It would be nice if I could have my spouse contact a VSO, but I dont want her to have to fight for 13 years (and counting) for benefits like I have using a VSO.  And, my VSO, who has retired, was even a good one and did a good job until he retired, which is rare.    I have told my wife to contact Berta, here on hadit, as my wife knows more about the electronic circuitry of Rocket engines than she does DIC or VA benefits.  (And she knows nothing about rocket engines, circuits, or anything with "numbers" in it).   I think this may be the most important question of all. 

[Berta]

Chris, good to see you will be here more often....I just referred someone here  the other day to an article at your site...

You mentioned some topics.

Have you ever seen a similar situation that I have? The veteran was 100% SC for PTSD and 100% under 1151, for a separate  disability the VA malpracticed on also  also was awarded SMC ...all above,awarded  posthumously.

I am challenging the way VA is interpreting the regulations and ignoring some General Counsel Opinions,on 1151 issues, and I asked my RO to obtain a GC opinion on the question I raised to them.

I have never found a similar situation at BVA or CAVC or on any vet forums as to how they pay this type of 1151 compensation as the regulations in M21-1MR clearly states the veteran cannot be deprived of their SC comp, if they also have 1151 disabilities. so just curious if you ever saw a similar issue.

 

 

Broncovet, we will probably go over some DIC info at the radio show tomorrow.I still dont know if I will be able to be there..(having loud work done in my house.)

I get DIC under 3 separate award letters so I sure managed to put everything I know there, as each DIC case was different..

As you all know by now ,I would have lost my FTCA wrongful death case and my DIC cases, if my husband had not been autopsied.

He had been an organ donor so the autopsy here in NY was free and I feel vets should share their wishes in their lifetime with their spouses if they want to donate their organs and that, as far as I  know, could provide a free autopsy,  which might be the only document that really reveals the veteran's true cause of death.

I actually think we already have a step by list  here or possibly in the Radio show archives.

This is a link that I gave to the new widow member the other day, a concise explanation of many ways to attain DIC:

 

 

 

 

[broncovet]

Thanks Berta.   Generally, for me, its almost impossible for me to attend the Radio show.  I just dont hear well enough to understand what is said without close captions/a transcript.  I dont watch TV or movies either, without CC.  The VA did give me a assisted listening device, which, when it works is very good, but it does not work with the phone.  I often take my hearing aids OUT when on the phone.  I have close captions on my phone, but that does not work all the time either, and its not working now.     I am supposed to get new hearing aids in April, 2016, and I can not wait.  I can hear SOME of what was said, but the portions I miss is very frustrating, and I have been less than successful in asking people to repeat.  Many simply dont want to take the time, and I dont like to bore all the listeners with my HOH problems understanding stuff.  

[VetlawUS]

Question

What happens to veteran who is rated with a SC 90% over all combined rating

& Awarded at 100% TDIU P&T via VA Scheduler rating! because his disability causes him unable to work or do any kind of employment (hearing impairment) this disability is shown to be of nature and no exams scheduled &

currently this P&T rating has been concurrent for 13 years  my question is  what if the veteran  files a new claim for PTSD   With a RECENTLY NEW VA MH Psychiatrist Diagnoses for DSM 5 PTSD  Caused by his prior Vietnam military service.

Will the VA propose to reduce his current rating of the TDIU P&T and take it away and rate the PTSD to a specific rating % from what his symptom's show to be,  even though(Noise hearing induced hearing loss does not improve)

or does the veteran keep his current TDIU P&T rating  and the VA adds to his percentage...100% plus? if the PTSD rating is 60%or more and possible qualify for SMC's House Bound?

Or should the veteran being at the TDIU P&T Already  just leave things the way they are? is it in the best interest of the veteran to file  the PTSD Claim? 

to at least get the PTSD SC  AND  possibly add to his current rating?

 

I Hope this all makes sense   what should the veteran be advised to do?

 

Thank you in Advance

 

......................Buck

Buck...good questions - I can't give you specific guidance as that gets a little too close to legal advice....and I just don't know enough about your case to give you informed advice. 

Having said that....

A lot of Veterans set their "front sight post" on a 100% rating, and I try to teach Veterans to set their sight on this:

Pursue service connection of any condition that you believe is related to their military service - particularly if there is any possibility that a condition can contribute to your cause of death.  

But, I recognize that it is a personal choice whether to continue pursuing those benefits.  Take a look at the video I posted above, and see if that helps answer your question.

As to the SMC, if you have a 100% TDIU, and 60% for a condition that is unrelated to the TDIU rating, then you should be eligible for SMC(s).

Chris