Philip Rogers

Why are you requesting 50%, when it is always assumed the claimant is requesting the maximum allowed by law. You may be shooting yourself in the foot. I'd argue for the highest rating possible and see what they give you. Bear in mind that notarizing a letter just confirms that the person's signature on it is the person who signed it. I suggest an affidavit, swearing to the contents of the letter, under penalties of perjury. It carries more evidentuary weight. Also, all statements should describe how your PTSD effects/affects you today and tomorrow and not how bad your stressors were. jmo pr

I think you'll need to get a favorable IMO that attributes your current status to the original injury, which may be costly but well worth the expense, in the end. Under the 5yr protection rule I feel the VA needed to call a CUE on themselves and they haven't, as of yet. I'm sure someone will correct me if I'm wrong. jmo pr

CALS - as I see it, you'll either need to prove AD under Title 10, for the 90 day requirement or show that he had ALS symptoms, to a 10% level on active duty for training or within a yr of discharge. I can't see any other way around it. To me the Title 10 would be the best otherwise, otherwise as I see it, you don't have a chance. I suggest you start looking for work and saving wherever you can. Sorry! jmo pr

I turn 66yo in Sept, 2011, and received a notice, recently, from SS, that my SSDI payment, will convert to SS retirement and the amount will remain the same. I, personnally, recommend anyone, considering early retirement, should apply for SSDI, in hopes of winning the full retirement rate, early. Especially if receiving any type VA disability. jmo pr

Sorry Bergie, but the correct answer is "yes" you can. If you can't work 5 days a wk, 8 hrs a day, for a total of 40 hrs a wk then you can qualify. Additionally there is an earings thing where you earn less than roughly $900 a month or work in a sheltered workshop type thing. I helped someone win his SSDI claim, when he was losing so much time from work, due to his disability. pr

CALS - would you please post the letter proposing to sever, quoting any evidence and "reasons and bases" quoted?? Also need the part where 30% was awarded clarified?? Thanks! pr

carlie - I agree and we still haven't seen any of it. So at this point, it's been a lot of "speculation" on our part and I won't comment anymore, w/o seeing some documents, first. pr

carlie - the CUE, at present, is supposedly the VA's and, as such, there are evidentuary(sp) standards/rules they must follow. We need to see her notice and the accompanying(sp) evidence, before commenting any further on this. Otherwise it's just speculation, on our part. jmo pr

Berta and everyone - I think we have been looking at this wrong. This is a case where the VA is proposing to sever SC, based on a CUE. I believe we need to look at VBM 2010, pages 382, 383 & 384. CALS - we need to see the actual notice you've received, which you haven't posted, yet. pr

The AG's office should have the records. pr

Cals - I need to correct some previous answers I gave you. According to the VBM, the VA must give you 60 days to submit evidence disputing the proposed reduction/severance and after that 60 day period ends, they must give you another 60 days before the reduction/severance can begin. So, if my computations are correct you will receive the last payment on Oct 1st. pr

If I recall, correctly, the case manager is the person in charge of securing and seeing that all the evidence is present before the claim goes to the rating board (now just a single rater). I talked w/mine a few times before I won my claim. I don't think I have the same one, now. I last saw him a couple of months ago, at the VA, and he said as soon as he can sell his house, he and his spouse(also a VA employee) will retire and move to FL. He's a really great guy, which is more than I can say for most I've met. pr

They should've sent you a letter confirmimg receipt of your claim and a VCAA letter, stating what you need to do. I agree w/pete992, that you may want to make an appointment to review your c-file, and after the review get a copy of it. You may have an informal claim from a yr and a half ago, also. I'd definitely pursue it! jmo pr

Yup, thanks Berta!! I'm not familiar w/Title 10, either, but I think even one day under that may qualify him, at least that's one of the theories I'd use. As long as they have the proof I feel they'll win but they've gotta stop the severance, now and the hearing is the only way I see to do it, assuming someone at the VA has some smarts. Duh!!! jmo pr

Berta, you posted this earlier: "ALS is presumptive in all vets with 9- days of continuous active service." I assume the "9- days" was meant to be "90 days." That being the case they only need to prove the 90 day service and I believe the Title 10, ADSW, covers that. I haven't reviewed the AD for training criteria but that may also qualify him. The VA may have CUEed him on awarding under the wrong rule, presumption, rather than direct SC or vice versa. Stopping the sever is the immediate problem and the hearing must be applied for prior to the 30 day allowance. They must do that today and fax a copy to the VA, immediately!!!! Prove the Title 10 and they win!!! pr

Here are some links on Title 10. I haven't had time to review them, yet. pr http://www.law.cornell.edu/uscode/10/12304.html http://www.bankersonline.com/lending/scra_activeduty.html http://www.law.cornell.edu/uscode/10/usc_sec_10_00001204----000-.html

WOW!!!! That is great!!! I'm not really familiar w/Title 10, but that may be your saving grace. I'd at least request the hearing, ASAP, like yesterday. If you fail to meet the deadline, they will reduce him. Then I'd go to the hearing w/any proof of the ADSW you have. In the meantime I'm trying to find out more about Title 10. You should too, as I'm not a great online researcher. Maybe others will jump in. pr

Personally, I'd file for an EED and if that fails then I'd go for a CUE. In the original claim, in 1990, did they do a C&P exam?? They would have been required to do a C&P exam, if there was evidence of the injury, which there was, due to the service records. If they failed to do a C&P and/or x-rays, I believe it could be a CUE. Either way, I'd attempt the EED claim first and a CUE later, if the EED is denied. jmo pr

You stated he was NG but not what type of service he had. There is something called "Title 10," I think it's called. It's when he's activated by order of the President, as compared to by his state governor. I believe "Title 10" activation allows him full benefits, just as tho he was regular army. jmo pr

Generally, you need an appointment to review the c-file. They are required to sit w/you, while you review it, and need to schedule a person to do that. They cannot allow you access w/o someone supervising, for fear you'll add or remove something from the file. For yrs I've heard the Waco VARO is the worst and in fact, so bad that, some vets took out billboards posting how bad they were. pr

I believe you will stop receiving the checks beginning Aug 1st, which is why you should probably have a hearing. Altho you may be required to pay it back, it acts as a no interest loan, and you can always request a waiver, tho it may not be approved. I'd do some research and find a way to keep his benefits. You should also be receiving SS for your child(ren) and yourself, until she became 16yo. Any other minor children should be receiving SS payments also. I just reviewed Allan's post and now believe you will receive the August 1st payment, since they will stop payments, at the end of July, and since VA pays after the month is completed, you should receive the 8/1 payment. I apologize for my error. jmo pr

Sounds like they've mixed your records w/someone elses. I'd go to the RO and straighten it out. jmo pr

I know who you're thinking of pete. Maybe is biking days are over? Sure would like his input but life goes on, except for you & I. ;-) pr

I'm not sure but someone will jump in. What makes you think the aneurysm is SC??? pr

Call the C&P scheduling office, at your RO, and ask them what it is for. The appointment sheet they sent you should say on it what it is for. I wouldn't be too testy w/them. You're only 33yo and they are paying you well. I suggest you not screw it up! jmo pr