Philip Rogers

Any scar can be rated and depending on the size, location and pain, it may cause, will decide how much the rating is. Scars on the face, or where others may see them, are rated higher. pr

stnorm23 - 6-9 months is generally the old time period, which is now closer to 18-24 months. DRO's are usually senior VSR's and, therefore, there are fewer of them. Many retired in recent years. You can try calling them, as I doubt it would hurt your claim. I believe we have a VSR posting, here, at Hadit, so you could ask them. His/her moniker is: USN_HM_VSR. jmo pr

Carlie, good post! It reminded me that my ex saw one of the Vet Center counselors(from when we helped & were treated there, in the late 90's), with a sign needing help, about 60 miles from the Vet Center, where he'd worked as a counselor. I think "his" PTSD finally overwhelmed him. When (she thinks) he recognized her, he turned away. For a while, after he was no longer a counselor, he was driving the VA parking shuttle, at the VAMC. I guess now he's taken up panhandling. Sad. pr

You could try your VAMC file. Since they are a medical report, in nature, I believe they could be in your VAMC file. pr

Are 100% disabled or not?? If you're not 100% disabled then you shouldn't be collecting the 100% rate!! Disability payments for those who are disabled. jmo pr

I'd request that your attorney send you documentation of the hours worked, and by whom, on your case. If he did as little work as you say, the VA may deny some of his payment. I doubt he received any monies from EAJA, unless your claim went to the CAVC, and he represented you there. jmo pr

Gastone - that's the problem. The VA and the Service Org's work against the claimant/veteran. Anyone filing a claim should always include the phrase that "they are seeking the maximum benefit(s) allowed by law." They should always ask for dependents benefits and Chapter 35, with their filing of the claim. I would love to review all VA claims for the last 70 yrs for just 2% of what I could recover. I'd probably be a billionaire!!! Even the training of new SO's is guided by the DAV, who we know supports the VA, not the veteran. My pet peeve is the 4.16(a) notice. It's designed to s

I've had experience w/three ES TDIU claimants and all won. All had to personally request the ES TDIU rating. If the claimant doesn't request the ES TDIU rating, the VCR will send them a letter denying TDIU, if they don't meet the 4.16(a) requirements, stating the criteria for 38 CFR 4.16(a). They will not mention 4.16(b), period. pr

When I was appealing my claim I used the VA VocRehab office to help me win. They tested me and decided that due to the severity of my PTSD I was "unemployable" and that VocRehab wouldn't help me. It was just one more probative piece of evidence that helped me win. It would be nice if the VA was really non-adversarial but in real life that's not the case. During my appeal period (1989-99) I lost 2 houses, my 3rd wife gave up and divorced me, plus I had to file Chap 7, bankruptcy. If the VA had just been fair to me I wouldn't be here helping other vets. Stupid VA!!!! jmo pr

Gastone - back before '96 they had a reg, 38 CFR 4.16© that allowed a claimant a 100% rating, who was 70% and solely disabled for a mental disorder. They changed this, in Oct or Nov of '96, because (in my mind) they were awarding too many 100% for PTSD. Your claimant should request an increase in his PTSD rating and request an ES TDIU rating. If his original rating, of 50%, is within the one yr appeal period he should go that route rather than requesting an increase. They started me at 30%, in '89 and after 10 yrs and 5 month of appealing, awarded me 100% retro to my original claim

Gastone - thinking about it, it's probably in M-21, the rules that tell the VA how to process the claim. I do know that the VA denies TDIU claims quoting 4.16(a) but never mentioning 4.16(b). They did to me back in 1991, and continue to do it, thru today. pr

Gastone - sorry, I don't remember where I saw it. It basically relieved the RO from having to refer it to the VACO and placed the burden on the claimant. The RO can continue to deny, the TDIU claim, using the 38 CFR 4.16(a) criteria, thereby making the claimant think s/he's not eligible, while not quoting 38 CFR 4.16(b), which states the claimant may/could be eligible. The VA's whole thing is to avoid awarding TDIU and keep the claimant confused, by not playing fair. And, sorry, but you cannot tell me it is not intentional, on the VA's part!! Most of the rules/decisions made by the OG

I'm not sure where I saw it, it may have been a FAST letter but the rule is that the "claimant" must request the extra-schedular consideration request. The RO won't do it. pr

You need to be on SSDI for two yrs or be 65 yo, to receive Medicare coverage. SS pays based on your earnings over your lifetime and the last 10 yrs you worked. Some people only receive $300 a month, so $937 isn't the minimum. Just sayin'. pr

I believe the DVA stopped requiring those forms either last year or the year before. pr