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robert51
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Posts posted by robert51
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I had my hearing today. The Judge deferred a decission until I have a psych eval concerning if my ptsd does not allow me to work. I felt a little disappointed but at least he didm\n't deny it outright. This has turned into a big deal. I waited two years and the hearing didn't last 1/2 hour.
I was in a same place as you i had a IMO and the key to getting approved was not that i could not do lame jobs ( laundry folder etc but the key to my sucess was that i counld NOT WORK FOR 8 HOURS ...AT A TIME...
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Based on your age, I think they will try to deny you, however if your atty's any good he'll win at the ALJ level. SSD uses vocational rehab specialists to show that you can work. A couple of favorites are cashier at mini-mart, laundry sorter and security screen monitor. With the PTSD and disc problems you should win but you may have to go to the ALJ level. I'd also try to get the PTSD increased w/the VA, w/a 40GAF. jmo
pr
you are 100% on my case they tried the sorter job as the reason ,, my IMO gave me the keys to a win by saying i could not work 8 hours a day and that was what the AJ said although i could do these type of jobs... greeter , sorter , etc i could not do them full time so i was granted...
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Thank you guys for giving me the info i needed and my wife does not work but again thank you all ...
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I was after 2 1/2 years granted SSD last Sept. well even though i told them many many times my address they mailed my retro check to an old address and it sat there for months.. Well i finally got it in March about 1 week ago... my questions first do i claim it as 2006 when it was sent or 2007 when it was received? Second question on the back is a little test to see if you will owe taxes .. My lump sum minus the lawyers fee and medicare B was lower then i expected as they did not pay me for the children yet.. so i took the little test and added my SSD check and then it says divide in half etc etc and in the end it says if its lower then 25.000 and your single you pay NO taxes??? Well mine was 21,000 and i have a wife and 3 kids at home so does this mean i dont have to do a tax returne???
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I received some back pay and of course after the lawyer and Medicare B etc removed i took the little test on the back and put my gross and etc and it came out lower then the 25.000 for a single person ( i did not add my VA )and i am married with 3 children so i am assuming i dont have any tax to pay , do i still need to do a returne?
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All these forms from the Defsense Department (so they can stop my husband's pay --which they have alREADY stopped) -- and from the VA for burial allowances, etc. keep asking for his SERVICE NUMBER.
I have looked all ovr his active service records --discharge papers, etc...and am not finding anything called a SERVICE NUMBER.
Could someone tell me where to find it?
Thanks,
Free
it looks like this RA-1??70260 with the RA meaning army the change was make in 70 in our unit to a SSN but both numbers appear on DD-214
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There is a huge wave of PTSD claims coming at the VA and they probably want to fend them off by finding some way to delay, deny or low ball them. It is all about money with these guys. That is my opinion.
I think the biggest reason the PTSD claims have gone up and up is not because more people are exposed to combat but the internet ,,,,, in 1999 i was a rookie and knew something was wrong but it was the internet that helped me thru all the bull to get the right form to the right people... INTERNET INTERNET YA INTERNET
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if you are granted sc at 100% schedular but soc does not say t&p does this mean you are not entitled to the same benefits as someone with 60%tdiu t&p?
TP is TP weather you have as you say 60% and IU or 70% and Iu so on and so on...they hold off on the PT for a while as they hate to give up any control ... which is stupid becuae even with 100% and PT they can still call you in for another exam... tilll the day they play taps over you the VA ownes you or atleast they own the $ they pay
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ok, so to make sure I understand. The wife works so she does not qualify, but my two children do. If I get $1,000 a month then each would get $250 a month? They also receive back pay for the 36 months I had to wait? If this is true, when will I be notified of this? I received my back pay on feb 21st. how long do you usually wait for dependant pay?
by the way, thank you so much for each response. it is so great to get answers so fast.
ssgt dotcom
They told me 4 to 6 months after the you get your first check the children will receive theirs
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I was awarded in Sept. of 2006 and applied march 2004 but in 2005 i moved to the philippines , because of the move i have received NOTHING yet and just found out that after going to the SS office in Oct 09 2006 to show my award letter i gave SS a copy of a check for direct deposit and my childrens info as they had one listed but the youngest was not listed and of course my new address.. They told me to go home and it would take 2 to 3 months .. Well i waited the 3 months plus and went back to SS and they said ,,, The Check was mailed to your old address and for some reason the children are not in the system . and you should try direct deposit.??? I said i did all of this months ago.. and they said well maybe the paperwork was lost., go home and we will resubmit and call us in 2 to 3 months.. Same Cra? different agency... I did hear that if you receive a LUMP sum you have to pay taxes on that for the year received as it puts you over the min. amounts.. just another way for the power to be to get back some of THEIR hard earned money i guess
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Hay Everyone:
I got my first denial letter from SSA for Social Security Disability due to PTSD, Bi-polar, Anxiety, Major Depressive Disorder and Chronic Peripheral Polynueropathy (They have a lot of Medical Documentation of all of these things) and then I see they awarded here approval for PTSD. I have a good Disability Group of Social Security Experts (lawyers, etc) They told me not to worry that almost everyone gets turned down the first time and they wouldn't have taken my case if they thought I was not going to win. I just wonder how some can get approved for PTSD and others not...At any rate they are taking care of filing the reconsideration papers, etc.. I'm still waiting on a decision from VA on my increase due to IU and T&P..should be anyday now.
Michelle
same for me took 2 1/2 years i was awarded in Sept of 2006 applied in march of 2004 and still am waiting for my friggin check told processing is behind right now... funny thing is i just got a letter from IRS saying i own them money and to pay by march 14 or face problems i also notcied they added 50% to the bill in the form of interest ... if they owe you money just wait and if you owe them pay up orelse...
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I am filling out form 9's because my year is up and I havnt even got s SOC in response to the NODS I filed?
i dont know to me its tooooooo much info , i would say for a person with all this stuff wrong how did you find the time or the brain power to do this work... i sure would not give IU ,,, your more organized then an accountant... And raters are always suspious of everyone anyway it looks to me like your playing the numbers ,, file 20 claims and see which ones slip thru... your report makes me think of what a lawyer told me one time..... One time i installed a shower door in a women's apartment she claimed it fell off the tracks and scared her so much she was not able to work anymore and was suing ,,, me , the people who sold me the door, the people who make the glass , people who made the screw to intall the door , the tool compay who made the tool i used to install the door the apartment manager , assit, manager , owner of the apt. property management company , and the company who build the apartment 14 years earlier... almost all of them people settled for something because it was easier then hiring a lawyer, even i had to kick in 1000 dollars the property owner gave 29,000 and so on and so on.. this was her 7th lawsuit of this type and she was only 23 years old.. She was playing the numbers and it left a very bad taste in my mouth to be ripped off by such a scam... I say be real be yourself accept your messed up and dont hide it by being so organized , with my PTSD sometimes i wake up fast and cant remember where i am or what year it is for the first few min...i do hope you have sucess with everything you seek..
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As far as re-evaluations, what does this VA Reg mean, below:
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Compensation cases—(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified. (2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static;
(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (B)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;
(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;
(iv) In cases of veterans over 55 years of age, except under unusual circumstances;
(v) When the rating is a prescribed scheduled minimum rating; or
(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.
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If over 55, do they still order more C&Ps ???????
well i fit 2,3,4 and i still have a CP coming even thou 70% PTSD IU and PT from 1999
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I was medically discharged from the military June 2004. The VA gave me 100 percent disability[, unemployable but not permanent.
I went back this January 2006 for a Re-Evaluation with Compensation and Pension. Just got the findings in the mail and they kept it 100% but did not make it permament, they ruled me unemployable but kept open the possibility of future evaluation because they still expect improvement.
Here are my questions..
1. When will they makle it Permament? 5 Years 10 years ?
2. Can they call me back after 5 years and reduce the 100 percent??
3. I wanted to try to work some part time hours, and try to work a little, how much money can I make or hours can I do and still be consider 100%? I heard you make make an additional amount of money and still be 100 percent?
4. The guy doing the evaluation said I should apply ofr social security.
5. Most Importantly, I have two children a wife and a third on the way, and apparently I am not eligible for Champus medical for my family because I am not 100 percent permament????? Is thier anything I can do about this or am I just screwed with medical benefitsd for the family.
I am 100 percent for Major depressive disorder, Modified Agraphobia, and general Anxiety..
Thanks guys and ladies for your help. God Bless!!!!!
i would say dont let your guard down they will wait a year and then ask to see your latest doctor reports thinking you will slack off on going now that your 100% I am PT and they are still asking for another CP so never let your guard down
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I am facing the same thing i am 70%PTSD and IU and PT and will be going to another CP which the letter states to see if my PTSD has gotten better and the rating is still at 70% of should be at another rate... Any way you spin it i think its part of a money saving thing...
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I'd call the C&P scheduling office and ask what's up. You're 55yo or older, stabilized w/no improvement in 5 yrs and P&T. Shouldn't be scheduled for another. You also fall into the 1999-2005 catagory, which is the vets they were going to review. Just check w/the C&P office. The only way to reduce you is to call a CUE on themselves or if all the evidence of record shows sustained improvement in the disability. Additionally, I believe w/TDIU they must actually show you could work, not just surmise it. Anyway, not to worry - you're safe. jmo
pr
i have looked at my records and found maybe what they are looking at to try to rip me off of course... when i asked for PT in 2004 it was granted based on a reg. that says it can be granted if the vet has 5 years of no or little improvement,,, well i looked close at the grant for PT and the rater says... We granted PT with no further exams based on blank blank 5 years with no improvement , while you seem to get better for a short time according to your records this improvement does not seem to last... well tech.. it was NOT 5 years but 4 years and 10 months and 18 days .. so maybe they are saying hey he should not get PT he did not have the 5 full years in... at any rate i received another letter saying a CP has been arranged for you so we can see if you are rated properly for your disability ... PTSD
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Does age have anything to do with it and re-evaluations? How?
Thanks.
I am over 55 am 70 IU PT back to 1999 and was granted Pt because i had 5 years of no improvment and i am being asked to take another look at my PTSD to see if maybe they rated it to high... So i guess to pay for the war in Iraq the US has to screw someone why not US ,,, if you watch your pennies soon the dollars will follow..
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SSD is taxable once you meet a 32,000 threshold when married I think it is after 16,000. In either case it is when any income including the Social Security goes over.
what about comp. i heard it was not to be included in the total ... like comp. is ? and then SSD is ? do you have to add the comp to the figure or not????? am i wrong?
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Thank you all for your help i am now more calm and will go to the exam.. seems the attack is on my 70% more then the IU they are hinting that THEY MAY OF RATED ME HIGHER THEN MY DISABILITY IS I will never give up again thanks everyone
When the findings and symptoms are shown by examinations scheduled in paragraph ((2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;
(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;
(iv) In cases of veterans over 55 years of age, except under unusual circumstances;
(v) When the rating is a prescribed scheduled minimum rating; or
(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.
when i look at these items i see... First i am over 55 second my pt was granted based on 5 years of NO material improvement and that was 2 years ago , I will give them the stuff i got from SSD this 2006 but as i have seen before even SS AJ said i had no less then 4 dortors stating my disability and on SS side NO doctor was seen but a rater for SS felt if i could fly by myself to visit my children and use a computer to type i was not disabled . the only thing the report says that saved me was i was granted SSD because all the doctors said in writing I could not work an 8 hour day at any job without needing time out to focus and be left alone.
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Robert51,
The va should not lower you rating based on one reexamination. I am still looking for references to this but I am sure this is the law.
Concerning reexaminations read the following:
Title 38 § 3.327 Reexaminations.
(a) General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs (:o and © of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated.
(Authority: 38 U.S.C. 501)
(:o Compensation cases—(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.
(2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static;
(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (B)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;
(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;
(iv) In cases of veterans over 55 years of age, except under unusual circumstances;
(v) When the rating is a prescribed scheduled minimum rating; or
(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.
whenever VA determines there is a need to verify either the continued existence or the (((((current severity of a disability.)))) Generally...... We all know if the VA gives you a 50% and you had a 70% it will be up to the VET to prove he is a 70 and not 50 ... take the GAF score everyone talks about ... i have 3 of them i have seen in my paperwork one at 45 one at 50 and one at 55 and the lower one means 70% is most likley while the 55% makes it look like a 50% rating.. Just sucks
This is the part that i dont like , its like a deck of cards.. if a guy is 70 and then gets IU now he is at the 100% rate so he can now apply for Chapter 35 and get that now drop the 70% to say 50% so what happens to his IU and his chapter 35 this would be a major change in any guys life to go from o to 60 right a way ... one thing leads to another i mean they dont have to say .. hey bob your cured they only have to say well we feel 50% is better then 70% and they win . Its like all the years of bullshit and waiting and getting denied over and over and finally getting to where you think its over and bam.... back to square one..
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Robert51
I think you are over acting:
First I am not that knowledgeable on VA, but what is the difference. If you are P&T? Are you on SSD? John and I are both on SSD and they do the same thing sending you a letter wanting to find out if you have inproved or not and if your Doctor still feels that you can not work. If you bought a Car and took out the disability Insurance, they do it also , we have two of them and every 6 months our doctor fills out forms. If YOU are truely disabled I would not give it another thought go and have the C&P and get it over with, just because they send you does not mean you will lose your comp or get droped in pay. Have you been going to the Doctors on a regular basis, if so I would not think twice about it.
The first time i ever heard of this bull was Walter Gilmore remember him . he lived in the Philippines and said he wasnt at the time PT and the VA wanted to take another look at his disability..... what the letter says is the VA has made an appointment for you to see a doctors and if you dont show up your benefits can be reduced or cancled and they want a report to see if my disability is still as bad as They rated now at 70% IU but if they say well we think now your a 50% then they could also say with only 50% you can not get IU and of course your childrens chapter 35 is also droped.. No i have been to the doctor and was recently awarded SSD but how many guys out there will not respond to this type of (( We maybe made a mistake and need to take another look at YOUR Disability ) it just never ends they must sit in the office and hope everyone collecting any benefits dies so their numbers can drop ...
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Robert:
That sucks I hope that you are able to do what it takes to keep your rating. If nothing has changed than you should be able to keep it.
((((((((((((((( If nothing has changed than you should be able to keep it. ))))))))))))))))))))) well lets see a VA doctor who gets paid by the goverment and is asked by the goverment to see if i have imporved... ????????? Well if the VA doctor says no imporvement in this one or the other hundreds then the VA says gee doctor your services are no longer needed , we need a yes man not a free thinker...
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Does anyone in here know of the rules ? i mean i though PT ment no more CP seems they now think my PTSD cured itself . Is this something we can expect .. the letter says the VA wants to see how my disability is to see if there is anything i might need from them.... F in liers they are , they could care less about me only looking for ways to cut me out... the letter says they are looking at certain types of disabilitys to see if i have changed in any way and it could affect my rating so i better show up
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So after many years of Bullshit the VA throws at you it never stops... In 99 i applied and in March 2004 i was finally 70% IU PT and i though the war was over ... Well today i go to the mail and get a letter stating the VA wants to send me to a doctor to see if i am still in need of IU and if i dont respond they will deceide without me... Gee i now see how and why people flee the country and live overseas the VA is always looking to take from the poor to give to the rich..My son who is 19 and going to school Chapter 35 which if i lose IU he looses chapter 35 he says dad after i get out of school maybe i can join the Army and become an officer what do you think.... I think you would be wasting a valuable education for a country that really dont care about you or what happens to you... let the congressmens sons go to war ... Stay home and be Jody
Compensation cases—(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.
Deers Id Card
in VA Disability Claims Research
Posted
The RAO sent me an e-mail as i am on thier list and i noticed they are having an outreach if you need an ID card for you or family and listed i see 100% disabled is good to go BUT if the 100% is there because of IU NO ID CARD is issued... Another way to pit everyone against each other..