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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

 

 

[VetlawUS]

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. 

Very good ideas...I will work all 3 into future posts.

I will tell you, as to #1, that all the ROs have a different way of doing this.  Waiver should be presume at this point, but even the BVA is messing this up.  Some folks just don't keep up with the rule changes.  

More info coming in a future post.

Chris

 

[Berta]

Broncovet, here are my notes from a prior SVR show we did on the show's topic as to having a death File and some of the things veterans can do in their lifetimes, as far as the file goes, to make things easier on their spouse.

I dont recall what  the reference to Arch was and this was a 2009 show

SVR Death Show March 18,2009.doc

Edited September 22, 2015 by Berta

[green]

Hi Chris,

What I think would be helpful is a step by step guide in how the VA should  rate and score nerve/loss of use issues for the arms/hands and legs/feet.  I think this would be helpful  as it seems there are many that suffer from these issues and based on the number of appeals (and related decisions) they are rated differently (or inconsistently) across the VA.  

It sounds like there are multiple nerves in the feet that are rated individually but when it comes to the arms and hands it seems the CFR suggests (my take - when more than one nerve is involved) the VA should rate based on the impacted radicular group.  I think this would be a good opportunity to discuss how and when the bilateral factor is applied.

 

Thank you!

Green

Edited September 22, 2015 by green

[broncovet]

Also, Chris, I have personally been trying to solve a "riddle" for 6 years.  Maybe you can elaborate on this one, I have asked VA several times, and always get either a negative answer or the run-around.  

My question involves VA Special Monthly Pension (housebound).   I was awarded the SMP HOUSEBOUND in 2009, when I got my 100% (single issue 100% P and T )  rating, but was never compensated for HOUSEBOUND.  

The VA correctly states that the Veteran can not receive Pension and compensation at the same time, but only get the larger of the two.   I get that, but here is where the water gets very muddy.   The VA does NOT say, however,  the Veteran can not receive HOUSEBOUND (pension) and compensation at the same time.   HOUSEBOUND is specifically stated its paid IN ADDITION TO Pension or compensation, not instead of.  

More significantly, there is at least one case where Veterans FOUGHT for SMP housebound,  at CAVC, when they were rated at 100% combined, but the VA whined it had to be a "single" 100% to qualify for statuatory SMP housebound.  So, are these lawyers fighting for NOTHING??  It reminds me of the classic where the Veteran fights for SC for hearing loss, and the VA finally "grants" hearing loss at 0 percent.

This chart may make it clear:

100% Veteran, married:  $3068

100% Veteran, married, with SMP housebound:  $3068  (NOTICE:  No increase for housebound). 

100%  Veteran, Married With SMC housebound:  $3415

Pension Veteran, married No housebound, no other income:   1404 per month or 16851 annualy.  

Pension Veteran, Married HOUSEBOUND, no other income:   1642.50 per month or 19710 per year.  NOTE THE PENSION HOUSEBOUND VET NETS an additonal 238 per month for housebound over the pension vet WITHOUT housebound.  
 

There is a "disconnect" somewhere between being awarded housebound and being compensated for it.  I think they keyed it into the computer wrong, and suspect they did the same thing for other Vets.  Its not a question of fighting for additional benefits..those have already been awarded..its just the VA wont pay them. 

Edited September 22, 2015 by broncovet

[Tbird]

Wow Chris it looks like the members are suggesting some great topics. We are sure happy to have you here with us. I personally signed up for a subscription to VeteransLawBlog for $10 a month it provides great value. It's informative, instructive, understandable and it's easy to read. The videos add a great deal of value, in my opinion.

There is plenty of free information also. So if you haven't visited Chris's site yet, check it out. VeteransLawBlog