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Posts posted by Philip Rogers
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I would wait it out and see what it brings. jmo
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A CUE cannot win if the CUE claim is made prior to the claim becoming final(ie: one yr after the decision). You can request the VA CUE themselves. jmo
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The argument is that SMC, by current law, should have been considered in 2001. It was not, and the VA failed in it's duty as required by law and regulation (nothing new!). That should be a CUE, not a simple NOD.
I'd not withdraw any statutory claim to SMC if I were in your position.
Within the last year, I used the secretary email option to get the VA to correct a similar situation.
The secretary (personally) and his minions have the statutory responsibility and authority to correct obvious administrative errors.
Good pickup Chuck, I should have caught that! Gettin' old sux! ;-)
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Personally, I would submit a NOD vs an increase, as it could mean a little retro. jmo
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Personally, I think you're fairly safe and I would pursue the SMC, which should have been awarded when you were awarded the ratings for sleep apnea(SA) & hypothyroidism, totaling 60% and dated 15NOV2001. To my way of figuring, they owe you between $40k-$50k retro to 15NOV2001. Members like Asknod, Broncovet, Berta, $ others, will probably chime in and add their opinions, in case I've missed something.
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We'll probably get the same as SS, which may be "zero!" I wouldn't spend it yet. jmo
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Well everything I have read makes me think I should feel blessed that I still have 2 kids left with 6 years of college left between them. Wasn't sure and figured it was at least worth asking the questions and hearing from folks who have been through it. :)
Please bear in mind that they probably won't pay for 6yrs. They usually pay for 48 months(9mos each yr, for 4yrs) and it's just the monthly stipend, while they're in school.
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Good luck. I won a CUE w/P&T and my daughter tried to get about $10k, in retro chap 35 bennies. They gave her such a hard time that she elected to forget the $10k. Just sayin . . .
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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.
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- saxman and georgiapapa
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I don't know of any form, either, but would suggest that you waive the local RO reviewing your evidence. In my opinion, if the BVA doesn't receive the waiver and remands it to the AOJ(RO), it could add 2yrs to the process.
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I know one of the guys in my Vets Group got implants and that was about 15yrs or more ago and that's in rural VT. Good luck, John!!! Go get 'um!!!
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Buck - any VA claim can be appealed, whether it's for comp, travel, school, or whatever!!
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Yup, you'll need a jarhead to figure this one out. I'm thinking it's something like Naval Operations Reconnaissance and Surveillance Engineer Chief, but only a marine(maybe Berta or asknod, too) would know the correct acronyms. jmo
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Buck - it varies by state, so you would need to check on TX. In VT, the tax exemption continues to the spouse. She is also eligible for the death/burial benefit and there is no time limit to apply for it. If she was married to him, for the 8yrs, directly prior to his death, she should be eligible for an additional roughly $300. The total DIC benefit is about $1500 - $1550 a month. You can check it at <www.va.gov> She is eligible for his SS at age 60, 50 if she's disabled.
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Wanted to mention that a friend, who died this month, his spouse has already received $2,000 for his death/burial benefit and notice that she'll be receiving the full DIC. She also received the final month's check. This all happened in less than 2wks. Talk about fast!!!! He was TDIU for over 10yrs.
They had trouble getting a color guard(CG) from either the VFW or Am Legion. They contacted our senator, Bernie Sanders(who "I" have no use for), who then sent the VT State's color guard. What a difference between the VFW/AL's CG, who looked homeless and intoxicated, at another's friend's funeral, 3yrs ago, and this STRACT CG. Unbelievable!!! Two enlisted men, a SGT & PFC, in dress blues. The family had a celebration of his life at their home and one son had made a small oak box, for his cremains, w/the US Army emblem and his Name, DOB & DOD, burned into it(really beautiful)!
jmo
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I would file a claim for your teeth, secondary to GERD, and I'd also contact the VA about dental care, in the meantime. Depending on how close you are to a VA facility you may be able to get treatment thru the "Choice Card."
As for dentures, I have them and although they are an inconvenience, at times, I'm pleased w/them, for the most part. I've had them for about 21yrs, now. I lost about half of my teeth, when I attempted suicide, in 1971, w/a motorcycle. I had a partial plate from '72 - '94 and then went to dentures. I've used "Affordable Dentures," for the most part, paying for them out of pocket, rather than dealing w/the VA, at about $1,000, last time, for a pair of their best.
jmo
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Looks good to me but I'm not up to date on the various SMC's.
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What about A, B, C & E??? Just meeting one doesn't mean you have PTSD, although you could have it. I seem to recall that you must meet 3 or 4 of the criteria. jmo
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You wrote: "Filed a reconsideration in April 2015 for an increase claiming an inadequate C&P."
My thoughts are: Your reconsideration should have requested "that he should be awarded SC for PTSD, not adjustment disorder, and that he is seeking the maximum rating of 100% and that the award should be dated 2011." You should have also filed a NOD stating the same.
You requested an "increase" which to the VA means "you are satisfied w/the 50% award," in December, 2014.
These are just my opinion. I'm sure others will offer you advice, also.
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Ptsd Claim
in PTSD Post Traumatic Stress Disorder Claims
Posted
Personally I wouldn't file, for PTSD, as, I believe, you are already rated for a mental disorder and "I believe" they won't rate you any higher. They usually only give one rating for mental disorders. Also, they could look at your TDIU claim again.
You can request an SMC "s" award based on the fact that you are TDIU and you rarely leave your home, except for appointments caused by your SC conditions. jmo
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