Philip Rogers

If I recall correctly, the treasury issues checks/payments 5 or 6 days a month. It was posted here, some time ago. I don't recall what days they were. pr

atlaturne - What they've probably sent you is a "proposal to reduce." If I recall correctly, you have only about 21 days or 30 days to request a hearing and if you miss the time frame it will be reduced. You need to request a hearing ASAP! You can explain all that at your hearing. If you have been TDIU for more than 5yrs or you are over 55yo, they shouldn't reduce but you need to get that hearing. pr

I'm going to agree w/jbasser on this. If they are not legally married and from what you tell us, she's not doing anything really wrong, except lying, by telling people they're married, why get involved. What do you care if they are married or lying about it?? Are you the marriage police?? It sure sounds, to me, like you're jealous of their being "well off." I'd stay out of it. How do you know she's even getting DIC??? Sounds like something you shouldn't even know, unless your into prying?? jmo pr

Sure, apply now. Why wait! They'll probably call you in, for another C&P, but may not. pr

It depends on how busy the RO is, and as for a rating & compensation, it will depend on what the C&P shows and how the rater interprets it. Since they're remands, the RO will make a decision, which you'll get a copy of and then it'll go back to the BVA and they'll get to it when they get to it, altho it's supposed to be expedited. Not to dampen your party but it could take 3-5 yrs, or even more. Best view would be 6-9 months, after the C&P exam, but I think that's highly unlikely. jmo pr

Lawyers, like all of us, need to make a living. They need to charge for expenses, used in running their business. So what irritates you?? Restaurants get the public to subsidize their business, in the form of tips. Why should we subsidize business owners, but we do! Pretty stupid when you think about it. I see nothing wrong with what they charge. You can always shop around and find one more in your acceptable price range. True, the system is screwed up but it's the best we have, currently. jmo pr

In 1989, an acquaintance suggested I had PTSD and should file a claim. I filed a claim knowing nothing about PTSD. After I filed my claim, I read a brochure written by Jim Goodwin http://www.trauma-pages.com/a/goodwin.php and cried like a baby because I felt someone had been looking at my life. I won my claim, w/an initial award of 30%, and quickly joined the DAV, before they found out there was nothing, really, wrong, w/me (denial). I then entered a in-hospital PTSD program, at the VAMC in Togus, ME, which lasted 6wks,(actually two 21 day programs). During that time I found out just how screwed up I really was and that it truly dated back to my military service. My "normal" life was anything but normal! It was kinda like the abused spouse or child - in that you've never known anything else, so you assume everyone is like you. All my friends worked hard, drank hard after work & weekends, married,divorced/remarried, divorced/remarried, divorced again. I moved multiple times and, in fact, have had about 40-50 jobs and at least 25 moves, between ETS and filing claim (1968 - 1989). Once I completed the in-house program, I appealed my 30% and continued to do so, until I won, at the BVA, in 1999, retro to 1989. All along they had said I was unemployable and at about 7 yrs I was awarded TDIU but I continued my appeal. It took 10 yrs and 5 months but I won! I never gave up. The VA made a grave mistake by not awarding what I really deserved, in the beginning. I learned an awful lot about the process and as a result have assisted vets personally, w/their claims, in addition to posting here for about 15 yrs +/-. My point is never, ever, ever, ever, give up!!!! I know it's hard but anything worthwhile is. At least now claimants have the experience that we have faced before them. No one, not one VSO, ever told me what I needed to win. Anyway, thanks all, for your service, your loss, and your camaraderie, here. Try to enjoy the day as you remember those lost and those who have been there both before and after us. Airborne, all the way!!! pr

I've just finished reviewing the VBM writings, on SMC, looking for additional ways to approach my "s" claim, for the 100+60 aspect, and see that they also use the combined ratings statement in their advice. I would have thought, by now, someone would have corrected this, but alas, they have not. Once I settle in, and can wait for their return call, I'll try again to contact the NVLSP for a better interpretation. pr

Thanks for sharing that, delta!! pr

I agree john! I'd love to review all those claims from WWII, Korea and VN for just 2% of what I get retro. I'd probably be a billionaire!!! As for reductions to"0%" within 2 yrs of the original claim/discharge, I can just imagine!!!! How many vets thought they were just lucky to get the 10% or 20%, for one or two yrs, when in fact they should probably continue at a higher rating!!! jmo pr

Thanks, John, it will!!!! I think my RO likes to mess w/me cuz they know I'm right. I just need to live long enough! pr

john - In 1999, when the BVA awarded my 100% schedular, for PTSD, retro to 1989, they stated that HB and/or A&A were an inferred issue and then denied me, quoting the regulation in the reason and bases, for my denial, stating that I did not meet the requirements. I've seen many vets who weren't advised of the inferred issue and some who were. Since my award was in 1999, my inferred issue has been under appeal, since then, and continues to be denied. pr

WAC-Vet75 - I've never discussed my ratings w/them and, in fact, only found out about 6 months ago, I had all those ratings, when my attorney sent me a copy of the decision he'd received, which included the "blue sheet." I had always had ratings of 100%, 20% & 10% and found out on the "blue sheet" that I now had ratings of 100%, 100%, 20%, 10%, 10%, 10% & 10%, which was attached to an ED "k" award, retroactive 10yrs. They never notified me of my PN award, nor my hypertension award. The PN award was August 2010 and the hypertension award was 2002, I think. When I saw I had the added 60%, I immediately notified them that they failed to award the SMC "s" award, which they denied, quoting the combined ratings table, and sent the claim back to the BVA. pr

If it's been more than a yr since their decision and you/she didn't appeal, it is final and you could file a CUE. She can't be eligible for Chapter 35 until she becomes your spouse. Technically the claim for Chapter 35 is hers, not yours. pr

You should be able to get an extension, due to the denial period you had to endure, in addition to their error regarding her eligibility date being before you were married. That date is grounds for a CUE, in itself. Go get 'em!!! jmo pr

donald - I believe you can CUE the CUE decision. Those CUE rules are there to keep veterans from appealing their claims(my opinion). If you can prove an error, you can win, period. jmo Also, I would need to see all the documents/evidence that were available, at the time, of all of the decisions, before I could really even speculate. Did they CUE the 0%? The SC? The EED? Both? Neither? Haven't really heard answers to these questions. pr

WAC-Vet75 - Mine was recently denied and has just been received, again, at the BVA, as part of a previous remand, where it's, according to the BVA's recent letter, being treated in a expeditious manner because it's been previously remanded. As I recall, I have two 100% ratings (PTSD 100% + PTSD w/alcoholism 100%), plus a 20% for DMII, two 10%'s for PN in legs w/bilateral factor, 10% for hypertension and 10% for tinnitus. We'll see what happens. This week, I'll send an additional statement explaining to the BVA where I feel the RO screwed up and waive any additional review of evidence by the RO. My current claim is twofold: The first is an appeal of a housebound claim from 1989 w/the "s" claim being an inferred issue and the second is them adding my new CUE claim for an "s" award, based on the 100% + 60% ratings. The RO has combined them which, in itself, is an error. Again, we'll see what happens? I will go to the CAVC w/it, if necessary. It's already been to the CAVC, where, if you recall, my atty won a remand on the 1989 housebound issue. They keep denying it because I'm able to attend my VA appointments and the C&P doctors won't speculate as to whether my SC disability(PTSD) interfered w/my ability to leave the house, to go to work. (which the CAVC requested in the remand) pr

Be sure to check on the atty and find out how much previous VA experience he/she has. Many are jumping on the bandwagon, now, since the law changed. When I was naive, I had a lawyer that, little did I know, wanted to learn SSDI law and it cost me 30 months of benefits and a 7 yr delay, in winning my claim, so be careful before signing up w/just any atty. Also, did they reduce you to 0% or CUE their SC rating?? Or both, or don't you know?? Thanks! pr

As I understood it, in your first post, in this whatever you call these posts, they reduced you to 0%, not severed service connection(SC), correct?? Or did they sever SC, or both?? Not that'll it'll matter much but it may help for a CUE by giving you another angle. pr

The atty is a little correct except that you do have access to their decision process. They are required to give you "their reasons and bases" for their decision and list the evidence considered, in that decision letter. They may have used a limited amount of evidence, rather than all the evidence presented. You do need a current complete copy of your claims file(c-file) which should have everything in it. I see the reduction to "0%" as a major CUE, in that they had no evidence, such as C&P exam, in which to base the reduction. This doesn't mean you "need" an atty but it might be wise to get one. I'd suggest getting the c-file copy as soon as possible. You need not retain an atty yet but you could do some research into them in the meantime. jmo pr

I'd file a CUE back to when they reduced you to "0%." I think you've got them right there, based on what you've stated, assuming you are correct in your statement and w/o seeing your evidence. I feel they'll deny and you'll need to appeal, appeal, appeal, but I think you'll win a nice retro claim/check. jmo pr

Thanks, John!! I'll try to listen later today, or tomorrow. I'd like to point out, to everyone, that CUE's aren't that hard to win. I've assisted with a couple/few of them and won each time. The criteria looks hard but it really isn't that hard to meet. jmo pr

I'd pursue it as a CUE. Whether you'll win is another matter. As for an atty, you may need one eventually and it's better to have them do all the work than just some of it. They'll probably get the same fee. You'll probably need one for the court, if and when it gets there but why not start w/one. So you give up a little money - you may win sooner!! jmo pr

I haven't verified jbasser's figures but I'm sure he's correct, however, I do feel, he may have failed to mention that you should ask for that SMC "s" award, retro to the date at which time the last award was that brought it to the 60% level, because, I believe, the VA is supposed to proactively award that "s" award, meaning the veteran doesn't need to apply for it, the VA is required to award it w/o the vet asking. It is assumed the veteran doesn't know about it. Anyone, please correct me, if I'm wrong? Thanks! pr

I stand corrected. Thanks, Berta!! pr