Philip Rogers

MikeD - Have you actually filed a claim for "SSDI?" I know of two people who took an early retirement and won SSDI later. Sounds like they told you but you haven't filed the claim. Remember, "they" are not responsible for anything "they say." If you haven't, already, done it file the claim, for SSDI. Even if it takes a couple of yrs on appeal it'll be money in the bank! pr

I agree w/jbasser. It sounds like he had prostate surgery, was given a convalesent rate for that period and then reduced based on the residuals of the prostate cancer, after treatment/surgery. They then reduced him to just the 50% for PTSD and gave him an SMC "k" award, for ED. pr

broncovet - I'm going to disagree, on the fuzzy math. I agree w/it. They use the "whole" person theory, which I agree with and I think most would, once they understand it. Once you understand it, it makes sense that 50% + 50% = 75% which actually rounds up to 80%. What I have a problem with is once you reach 100% they still use the "fuzzy math" which shouldn't be allowed, as it penalizes the claimant, unfairly. jmo pr

As stated here, if you are 65yo, or over,you get the full rate, provided 65yo was your SSA retirement age. If you are/were younger than your SSA retirement age, you would get the full rate from SSDI. If you are over your SSA retirement age you won't get SSDI, due to the fact that once you achieve retirement age your funds come from the SSA retirement acct. If you were disabled before retirement age and you can win, an EED for SSDI, you "might" be able to get a retro check. pr

If I understand your question correctly, yes, you should be eligible for SMC. pr

If he is attending under Chapter 35 DEA benefits he'll receive the stipend and that's all, except maybe if he needs some tutoring. He's responsible for tuition, books, living expenses, etc., basically out of the stipend. pr

They've been using that same sh*t against me, so good luck. A statement from your shrink stating that "your PTSD keeps/kept you from leaving the house. to go to work" would certainly help. The BVA requested that they ask that of my examiner but she wouldn't "speculate." We'll see if it gets remanded again. pr

I agree. I'd do an updated NOD and waive RO processing on it, if you're at the BVA, now. pr

Yes but I wouldn't get all warm & fuzzy, yet, because the VA is likely to misinterpret(sp) when it was "first suggested," as that'll be a matter of "their" interpretation. I, personally, foresee years of appeals unless the court or OGC issues an opinion, w/instructions. jmo pr

I'm going to disagree w/Chuck75, in that I feel they would use the date of the C&P exam, as the date for the additional disability(s). The way the VA operates is not to give the vet any more than necessary. Since it wasn't claimed, I believe they would use the first discovered date. jmo pr

Sounds like you're getting the married 100% rate, plus SMC "s" award for the IHD. Just a guess, tho. That would be around $3143 monthly. pr

broncovet - I apologize, as I didn't mean to infer that they weren't a good idea or that they wouldn't help. My VA will replace hearing aids if they are lost, especially if you've had them for a few yrs. Just a suggestion. pr

So far I've received a denial for these services about a month ago. Today, I received a notice they approved the services for the first day. I was admitted thru the ER and stayed 4 days, w/VA giving an oral/verbal approval when notified within 72 hrs, by the hospital social services dept. We'll see where it goes. pr

68mustang - I used <http://www.simmonsfirm.com> for my Mom's mesothelioma claim and they did a great job. You might inquire w/them for help on the civilian side. pr

Personally, I would submit it, again, especially if it's probative. If it's duplicate they'll return it and if not, it means they didn't "receive it/lost it" the first time. Best to submit it again, it won't harm your case and could be just what's needed to win your claim "now!" jmo pr

broncovet - that's great but why not get hearing aids??? All vets are entitled to them and w/the bluetooth attachment the TV goes directly to your hearing aids. pr

Hey Mike, I was going to "F" w/you about taking more of uncle sam's money but really, I agree, so go for all you can. You deserve it. In the end, they have cost you your life and the quality of it. Go for all you can get!!!!!!!!!!!!!!!!!!! pr

Sonny - you need to appeal any denial, just like any other VA claim that's been denied. If you fail to do so "you lose." Period! pr

Yes, you can but you may need to file an appeal, if denied, and it may take yrs. The VA has provided some vets w/spas. You can probably search BVA and CAVC cases for spa and find some cases. pr

If you think about it we were all exposed to asbestos, both in the military and as civilians. The barracks I stayed in were WWII era and the ship, I went to Nam on, had all the pipes in our berth area covered, in asbestos insulation. All the schools we went to, as kids, had the same thing and the asbestos companies and government knew about the dangers, then. pr

68mustang - I hope you've gone after the non-veteran civilian claims for asbestosis, also. If I recall correctly, you had or are. pr

Berta's correct, it would help if you posted the "reasons and bases" from the denial letter. Thanks! pr

It's my understanding that a congress person can get any records you need with inv a very brief period. You might want to try it. jmo pr

Mil T - the suspense date is the approximate next date they plan to look at or work on your claim. I don't know where you could have come up with the one year annivery date?? pr

Your honorable discharges should get you care and compensation. Initially, I'd seek the help of a Vet Center, near you, as they are better on the counseling end. Also go to your nearest VAMC and seek care there. You should also go ahead and file a claim for PTSD with your nearest VARO. As to the BCD, if it was caused by your PTSD you should be able to get comp and care, for that period also, even if it happened during the period that was for the BCD. Let the VA make the determination and if they deny it then just be prepared to appeal. jmo pr