Philip Rogers

John, I agree. Just so everyone understands, I've only been posting this info so that others will know how long it takes, for the VA, to process these types of claims. I was really surprised by the VA's speedy response!! They called and stated they would award based on the 10 yr rule, so that she would have some income while processing the direct SC claim. Can anyone think of any reason we should continue the direct SC claim, other than if the family wants it done, just because it'll make them "feel" better?? There would be no other benefit that I can think of. Thanks all! pr

Thanks, carlie, we are taking care of those also. pr

Further clarification of her claims/awards. She received a check in the amount of his monthly payment, which is considered his last months check. She received $2,919 plus the $1,400 DIC payment. The VA did not prorate his last check. He died on May 6th but she was paid the full amount for May, the month of his death. The $2100 quoted was an error on her part. She was also awarded the widow's pension but because her DIC pays more she receives the DIC, which is the higher amount. She still has a claim pending for direct service connection, however I believe we'll drop that. She's receiving the DIC based on the 10 yr rule and we feel it's unnecessary to pursue the direct SC, as there is no additional benefit, that we know of. She also received notice of Chap 35 award, ChampVA and an MWR ID card. pr

To anyone considering purchasing the VBM, the new 2011 edition is scheduled for publication, and should be shipping, in September. Vync - You may be able to get some info from the regional counsel's office, located at your VARO. If you have a claim pending, I believe, you can also request copies of existing claims/awards that apply whatever rule you are wanting clarification of, thru a process called "discovery." This allows you to see how the VA is applying the rule. Berta may have better info on the regional counsel, as, I believe, she has had some dealings w/them. pr

Pete - I thought it would've taken longer but am very pleased with the results. She made an assumption that it was his final check but thinking about it, now, I think it may have been for the funeral. She said it was $2100. We'll have to wait for the written explanation. I'm not sure but I think his final check would be "pro-rated" to the date of his death and should be around $600. He died on the 6th and should be paid 6 days. The $1400 is the current rate paid, for DIC, when the spouse has been married to the claimant, for the 8 yrs prior to his death. I'll update as this progresses. pr

cooter - fyi, the funeral home generally supplies the flag. I worked for a funeral home and that was the policy, there, and I believe it is industry wide. pr

Just an update. She received the VA $10k insurance, within a month and never had to apply for it. Friday, she received his final VA check and her first DIC check of $1,400.00, less than 60 days after his death! He was rated TDIU over 10yrs and died of pneumonia, secondary to NSC COPD. I am amazed, as I was prepared for yrs of battle, for her. Now he can rest in peace. I love ya, John! pr

Your VSO's a freaking idiot and if it were me I'd get rid of him/her. They're sure not helping and they have the right to sign off. Very dangerous. jmo pr

BVA decisions are not precedent setting and generally can't be used in claims, however you can excerpt those portions, that fit your claim, into your brief, which is what I would do. jmo pr

Your VSO's NOD, of that poor quality, more or less, guarantees a subsequent denial, an appeal to the BVA and remand back to the RO for development. I foresee 3-6 more yrs of jerking your claim around, just based on that NOD. jmo pr

Actually, both are doctors but a psychiatrist is a medical doctor(MD), specializing in psychiatry and can prescribe medications. Both can diagnose PTSD, etc. pr

I think this is just coincidental. The VA doesn't act that quickly. Besides the VAMC and the VA Service Center(claims) don't even talk to each other. I think you're worrying for nothing. jmo pr

Some yrs back I posted the regs, here, regarding "k" award for ED. They were emailed, to me, from a VA insider, for posting here and I believe tbird has them linked somewhere here. You may want to do some searching. The fact that you have children has nothing to do w/it. As for your VSO NODing it, most write something like "The veteran disagrees with the decision" and nothing more. Without more info the claim will be denied and delayed again and again. You should check and see what the VSO stated in his/her NOD for you. jmo pr

I believe that insurance is available to any vet who has a SC disability, no matter what the percentage. There is a 2 yr window to apply for it and each new disability opens a new 2 yr window. pr

Darn and I thought you were being serious! I was ready to jump in line! pr

I always ask for the military/veterans discount and offer my DoD ID card, that states DAV on it. I always get my discounts at Lowe's and Home Depot and if not go directly to the store manager, adding that, if necessary, I will go to the competing store that always gives me the discount, if they won't. It always works for me. Last time the guy behind me said he was a vet, after seeing my discount. I doubt he was but . . . not my problem! pr

They are just making sure no one is taking your money or that you're spending it foolishly on crack, meth & booze. It should be ok. I understand, believe me. They also need to justify their jobs. jmo pr

Shoot, there goes my cup-a-joe, for now! ;-) I'll see if I can do some more research, on it. pr

Nice find, bronco!!! Thanks!! pr

I can't tell you exactly but the Dr should make reference to any published articles/writings that bring him to this conclusion. Also he should review and state that he reviewed any and all records since 1955 to current date. He needs to explain why he has drawn these conclusions. jmo pr

No big deal!!! Give them the info they request. No need to close other accts. Remember, when they say 5 days, they mean "business" days and they generally allow a few days for mail delivery, each way. My Post Office is closed Sat & Mon. Gotta love those feds. jmo pr

T8r - I'm noticing something. I ran your numbers 20+10+10 and according to the Combined Ratings Table, here, at Hadit.com, you should be receiving 40%. According to the chart the combination equals 35%, which always rounds up, which would make it 40%. You may want to check the VA's chart, to confirm. pr PS - I just checked 38 CFR 4.25, at the GPO, and I am correct. You should be being paid at the 40% rate. If you are not being paid at the 40% rate, presently, then you should contact your VARO, explain the error, and have the amount corrected to whenever you were awarded 20+10+10 combined percentages. And you owe me a cup of coffee, sometime! jmo pr

Wait until you receive the official notice from the VA, before you get all worked up. Anything now is premature! pr

Yes, they "may." TDIU does not equate to non-trainable. pr

Chances are you'll be getting a check for the SMC "k" award. ED usually doesn't get anything more than a 0% SC award, which doesn't warrant an increase, in comp, but does get you the "k" award, which the VA doesn't consider comp. My claim was awarded the same way - 0% w/$10,500 retro. Monthly deposit increased $97 monthly (I think) but no increase in my basic comp payment. Stupid DAV VSO!!!!!!!!!!! jmo pr