Philip Rogers

Why wouldn't you be serviced, by a VARO, in So Cal. Usually, the state RO(s) service the claim. In CA I believe there may be a few, due to it's size. CA appears to have three - Los Angeles, San Diego & Oakland. If you're in So Cal I'd say either San Diego or Los Angeles, probably San Diego. Call them and check. jmo pr

carlie, I tend to agree w/you, unless the claimant was represented by legal counsel, for the CUE. The claimant is a layperson and therefore not familiar w/legal theories. That being the case I "feel" he/she should be allowed some room for error. I haven't read the cases posted but will, now that I'm back home in NC, within the next few days. I don't see the need to point out each CUE, especially if the claimant finds some later, that they didn't know about. jmo pr

I'd send them a letter and ask how long it'll be and why. Be sure not to wait more than a yr before addressing it. They maybe awaiting C&P exams. jmo pr

Call the 800 number and ask them what your current disabilities are rated. They can tell you that. pr

I can't decipher your post. As I see it you failed to NOD the decisions, you just kept adding new claims???? pr

I'd say 30% for PTSD but could go as high as 50%. jmo pr

pete992 - a claimant need not be P&T to receive a military MWR card, they merely need to be TDIU or 100%. The card will be issued with an expiration date of whenever the next C&P exam is scheduled. In his case it'll be 2016. pr

Welcome! I think you'll need more evidence. The VA likes to see continuous treatment. You've only received treatment for the past 2 yrs. What about the other 8 yrs? You'll need to convince them that your treatment starting 2 yrs ago relates to your in-service injury. Just having notes in a exit exam probably won't cut it. How about an injury report? Something that'll prove the in-service injury. Unless the injury happened during active combat, I think you'll need more. jmo pr

John - mine was inferred in '99 when they awarded me, statuatory 100% but they denied it. It's been under appeal since'99 and is now headed back to the BVA, before returning to the court. In the meantime I have 20+10+10+10+10, which should total 60% and entitle me to the "s" award but they denied that, using the combined ratings chart/table, which is a clear error. At least it'll be awarded eventually to August, 2010, when I win that part. pr

WAC-Vet75, nope never heard back, yet. Next wk I'll be home all week and will try daily to get in touch w/them. I bet they'll call me back if I say I'm interested in leaving my estate to them! pr

Tuy Hoa Vet - The VA doesn't award percentages based on awards. The awards only help in conceeding(sp) the stressor. Percentages are based on how the PTSD affects/effects your life today and tomorrow. If you can't work due to your PTSD you need to appeal the 50% rating and keep apppealing until you win. If you aren't receiving SSDI and the amount your receiving is less than the full retirement age award, you should file for SSDI back to the date you last worked. jmo pr

The doctors are not responsible for getting the claimant the award. At that time a 3 person rating board would have made the decision. You have a potential claim for backpay to the 70's or maybe earlier. It would have to be a CUE claim but he might could win. You need someone who knows VA law. jmo pr

Sounds to me like he may have a valid claim. He could be entitled to an SMC "k" award plus another 10%. jmo pr

Pete - mine are internal and don't sound like they should be there. I remember when the surgeon took out the external sutures, from the laporascopic apendectomy, he took out 4 and said he was done. I said there was still one more. He was very indignant and told me he was the surgeon and he knew how many he'd done. I told him I was the patient and I could count better than he could and showed him where the other was. The beet red faced surgeon removed the last one, for me, and then wrote that he'd removed my pancreas. Idiot!!!!! Hey, maybe I better have it checked and be sure??? lol I'm thinking not the 1151 but the other. I should have 2 yrs from when I discovered the error. I believe it kinda like leaving a surgical sponge in there, by mistake. The OR nurse in charge of the count should have caught it. I don't think I need to wait for something to go wrong w/me, just leaving it there is an error. jmo pr

I just found out they left some surgical clips in me, during the appendectomy I'd had, back in '98. They've shown up as unusual in x-ray/CT scan reports that I've just received. A quick www search says this is not unusual, but I am not sure. I'm fairly sure no doctor would ever admit it was an error but they never told me about it. Anyone w/info please post. Thanks! pr

I don't understand the question. What do you mean "Can he do a NOD on that because he was well within the 1 year period for filing.????" The one yr period for what? The NOD? His discharge date? Please explain. pr

Great post, Pete!!! Sould save someone something. pr

Sorry, John, I don't have the access to internet and the time to review it right now. I just found it at the court but it's too long for me to read, right now. It'll probably be a wk before I can get to it, due to limited internet access. From what I know, the remand is a good thing. Sorry!!! pr

Pete's right, being a student doesn't effect the working thing. pr

Okay, Draggin', now I'm gonna screw you up. lol Your 20% retro should be safe. When you file your NOD, I would argue that they failed to consider TDIU, in that decision. That introduces the TDIU issue and could help you get the award date back to '09. I'd argue that since you're combined rating of 70%, along w/the fact that you're unable to work, inferred the TDIU issue, as shown by the evidence. I'd refer to the criteria for either a 100% schedular rating for PTSD or 70% schedular rating. jmo pr

Yes, NOD the PTSD decision. If you are satisfied w/his IHD decision, do nothing on that. Should he worsen, then request an increase. The increase should be the date when the evidence shows it worsened. pr

If you receive say a 30% award and disagree, you should file a NOD. Some will request an increase, instead of doing the NOD, thereby losing their initial claim date as the date of increase. As for filing for TDIU - I first filed when I got my initial 30% award. I filed for TDIU 3 more times, over the next 7 yrs. This was when I knew little about the VA claims system, so in case I'd done something wrong, on my TDIU claim, I wanted a new claim started just to protect me. At 7 yrs I was awarded TDIU w/P&T, which was a moot issue, when in 1999, the BVA awarded me 100% retro to my 1989 original claim date. A claimant should always NOD the original decision, if lowballed. Social Security did the same thing to me. They took an appeal as a new claim and it ended up costing me about 30 months of benefits. I still may go after them. pr No, not NOD's and appeals. pr

Everyone should file for TDIU now, if you are not working. Every time you ask for an increase, you lose your intial claim date, meaning you should file a NOD, not for an increase. Even tho TDIU is an increase claim, it is somewhat different. jmo pr

CB - Guess we'll have to agree to disagree. They can do the same w/100% scheduler. If you're P&T, you're P&T and they have no business screwing w/ya, as long as you "don't work" and "do" file the annual form. The form is simple. All you need to do is make a filled out "master copy" and sign & date a copy every yr and mail it in. Don't wait for them to ask - just send it in, automatically, in Nov or Dec, each year. The thing is they need to prove you can work by having you work a year. Impossible to do. To reduce schedular they need only show improvement, twice I believe. I have a master copy of my VAMC & group visits, that I just date & sign, as I attend the appointments. Saves filling out the same info each time. The VA's $616 tax free a week is a pretty good retirement and a darn good reason not to chance losing it by working. jmo pr

Generally, I would think TDIU is better, unless you are working, in which case you're commiting fraud, which is criminal in itself. I believe the VA is required, to show that you have sustainable improvement by showing you w/continuous gainful occupation for at least a yr, unless, in this case you showed an above poverty line earned income. I believe they still need to do that. Generally that does not mean $10k a yr but should mean 5 days a wk, 8 hrs a day, 50 wks a yr. jmo pr