Philip Rogers

You needn't worry about being locked up, but that's here in the good old USA, I don't know about other countries/cultures. I'd stay away from the "lie" statement, claim wise. You could say that you downplayed the suicidal ideation but admit that you have had serious thoughts of doing yourself. They take it more seriously if you have a plan, to do it. If your still within the one year appeal period, it could mean some retro. To avoid a lengthy appeal period you might consider requesting them to CUE themselves, stating that you "have had suicidal ideations but the examiner failed to list it, in your C&P exam report." jmo pr

I get 89% rounded to 90% but that's w/o any bilateral factor. Just so you know, it's very difficult to get 100%, that way. I don't understand your statement about 100% and P&T?? "I know that my diagnosis is chronic PTSD. if it is not temp then when I hit 100% it would have to be P&T." Why would it have to be P&T??? pr

I would say it is good news! Just so you know, you have to be deaf as a stump to get a rating for hearing loss. pr

The VA doctors must not have examined him. Anyone who uses a wheelchair, regularly, would have their leg muscles atrophy and arm muscles/strength would increase. I think 99yrs, w/o parole, would be a good sentence AND she should be charged, also, as a co-conspirator, w/the same sentence! jmo pr

I'd request that they CUE themselves, explaining why and sending in copies of the medical records that show the diagnosis and the stent surgeries. pr

No. Generally a BVA appeal will take, at minimum, two yrs and then, if remanded, another year plus or two. jmo pr

deltaj - no one stated that you have to be 55yo to be rated P&T!!! P&T status can be awarded if: "- you are 55yo or older - symptoms have persisted without material improvement for five yrs or more - the disability is static - the disease is permanent and not likely to improve." I believe the conditions for P&T, that I quoted, can be found in M-21. pr

USMC1962 - never count on the VA to do anything automatically except, maybe, try to reduce your rating. As for continuing your treatment, to maintain your award, it is not required. At your (and my age) it doesn't matter, as we are somewhat protected. I go to group weekly, for myself, and will continue as long as I am physically able to attend. I also do it to help other veterans, to share what has worked, and not worked, for me!!! After all these yrs I rarely, if ever, go into a rage, anymore. jmo pr

VA only rates for one mental disorder, no matter how many you have. Also, they rate you on how you are today, not how bad your stressor may have been. What were you rated? pr

They should but if they don't, you should remind them, in writing, of what you are claiming. jmo pr

I'm fairly sure you cannot get rated for more than what an amputation would be. So if the amputation is rated at 60%, you could not receive a rating, totaling higher than 60%, for any problems below where the amputation is. Someone will correct me if I'm wrong. pr

SGT K - Have you compared the codes you are rated for and their descriptions? Since you're awaiting a hearing, have they temporarily deferred the actual reduction, in the meantime?? As to you're original question, as Chuck75 stated, service-connection(SC) is protected but not the rating. pr

Have you actually received a "Proposal to Reduce???" It states the actual date the reduction will start and the appeal rights. Until you receive the actual "proposal" you can do some research. Check the ratings codes used for Asthma and for Sleep Apnea and look them up in 38 CFR. Personally, I don't see how one can offset the other, but that's just me. pr

If they give you a 30% rating, you should appeal it. My initial award was 30% and I appealed, appealed and appealed some more. It took 10yrs and 5 months but I got my 100% rating, retro to day one of my claim. They always lowball claimants! Neve give up!!! pr VN 9/65-9/67, 11B4P 1st Cav.

CG82 - Sorry but I don't guess on something like that. A mental disorder can range from 0% - 100%, depending on how bad it effects your daily life. Knowing the VA and how they tend to lowball claimants, I'd WAG 30%. pr

If they can be/are service-connected(SC), they will rate you. The cannibus disorder should have no effect on your rating. If not SC they may rate them NSC. jmo pr

Okay, FT, it sounds like you have it under control. FYI - SSDI is social security disability income/insurance. SSI is supplemental security income (income based/offset). Many people confuse them. I think you can win and eventually get it straightened out but it'll certainly take time. pr

My suggestion would be that once you receive the award letter you file for an earlier effective date (EED), ie: the 2010 date of your NSC Pension award. Sorry but you caused your problem by allowing the overpayment. NSC pension is income based. When you received the SSDI award, you should have notified the VA but instead you collected both checks and hoped for the best. You can probably win this but it'll take awhile, a long while. You should've have appealed their decision not to waive the overpayment, within the one year appeal period. All decisions by the VA are appealable! jmo pr

You need to file the claim yourself. Never count on anyone else doing anything, for you, especially when it comes to VA claims. pr

Good on you!!!!!!!!!!!!!!!!!! Just a little bonus! pr

Coastie - I don't know why you would wait, to file for an increase!! jmo pr

Joe Hillbilly gave a great explanation! Your vet is probably already receiving the combined rating. My suggestion would be that he apply for TDIU, if he's unable to work due to his SC disabilities. Also, he may want to look into errors in his initial rating(s), or an EED, as it could mean some additional retro. jmo pr

No, not to my knowledge. Once you are 100%, the only way I know to receive any additional funds, would be thru Special Monthly Compensation. There is also around $600 a year if your service connected disability(s) cause excessive wear or damage to your clothing. Others will probably chime in soon. pr

Myself, I prefer doing it both ways, just to cover my bases. pr

I would apply and I'd also look into a possible CUE. You could possibly be rated for the loss of use of your lower extremities. jmo I gather you're already 100% and are trying to get some additional funds such as "SMC." pr