Philip Rogers

Any claim not deferred, or actually denied, is "deemed denied." I would file an appeal(NOD), now. Can you, please, post your decision, with the personal info blacked out, so we can get a better idea? pr

Yes, you can and they should be added to your claim. Don't count on the VA to do anything "automatically," except, perhaps, deny your claim. jmo pr

Are you sure s/he's an optometrist(not an MD), versus an ophthalmologist(MD)?? pr

I thought it took three "0" to get the 10%, but I could be wrong. pr

Good post, Berta!!! pr

It is really nice that the DVA currently pays TDIU to veterans who are over their allowed retirement age and it is one h*ll of a retirement pkg!!! My argument would be that age 65-67yo is not a mandatory retirement age. If the veteran is transitioned from SSDI due SS having to change payment accounts, they should not penalize the veteran. On the other hand if a claimant takes an early retirement and then files a claim for TDIU, I can see them withholding TDIU. TDIU is for those who are unemployable, not unemployed. I think I've been predicting this for about 8-10yrs. jmo I also see a problem, as there will probably be an increase in claims for 100%, for those who are currently TDIU, which will further burden the already backlogged process, causing further backlog. Years back(1990's, I think) they added 38 CFR 4.16(c.), which required those whose sole disability was a mental illness, and were unemployable, to be rated 100% schedular. It lasted some yrs but was eventually rescinded. They may need to bring 38 CFR 4.16(c.) back! Again, jmo. pr

iceturkee - is there a reason you didn't file for SSDI?? I know a few people who took early SSR, at age 62, and later applied for SSDI. They won and received an increase to their full retirement rate and retro pay. Maybe, you should look into it? You may have a better chance than winning any lottery! jmo pr

It varies state by state. Just have him check the Maryland state veterans benefits. In VT I get $40k off may assessment. In neighboring NH, they get $1,500 or $2,000, off their tax bill, depending on the town. pr

Yup, that's what they told me, I could both fold clothes and cashier. I agreed, I could cashier, if they didn't mind the dead bodies piling up, after about the 3rd day. Doesn't play well w/others, especially non-vets!! Try http://nosscr.org for a lawyer in your area. pr

The best evidence would be the damaged clothing. Be sure to apply before the period closes. I think it's the end of August. If denied, as w/any VA claim, appeal, appeal, appeal!! jmo pr

MPsgt - good post! Just to expand on that, those percentages don't actually have to be met. If your service-connected disability/condition prevents you from working, no matter what the percentage, they must award TDIU(38CFR 4.16(b). pr

Receiving SSDI can almost guarantee, a claimant, TDIU, provided the SSDI is based on the same conditions, that are being claimed for TDIU. If you receive an award from SS, you should, immediately, notify the VA and send them a copy. jmo pr

broncovet is correct, except, (just to clarify for ya), you would actually start receiving the actual payment/checks on April 1st. Claim is usually awarded to the date you applied, w/benefits beginning the next month, with actual payment being received the 1st of the next or 3rd month. pr

They will probably order a new C&P exam. They should do it within 6 - 12 months. Good luck! pr

The VA will do whatever they need to do to screw the veteran!!! Thanks, Fat!

Great post!!!!!!!! Here, we always say that you are your best advocate and paying attention to your claim certainly won't hurt. Who knows how long your claim could have languished in some file cabinet(lol) or something. jmo pr

Generally, I've found, they don't/won't take the notes. The notes are only for your use, to remind you, but you can submit them, if you want. Also, if they ask you "how are you doing," when you first see the examiner, don't say fine or okay, as, I've found, if you say that, they seem to go deaf after that. Be sure to voice any problems you are having!!! Their report will state whether or not you were dressed appropriately, whether or not you have problems w/the activities of daily living(brush your teeth, bathe, pay your bills, do your shopping, etc.). If they ask about suicidal or homicidal ideation, it's okay to say "yes," w/o fear of being dragged away and locked up. If you have a plan, on how you'd do it, tell them. Most PTSD vets do have a plan for suicide. I can't tell you how many times I've thought about running into an oncoming logging truck or tractor trailer. Fortunately, it passes before I take action! Besides, I really don't want the other driver to have to live w/the accident. These days, I want to live as long as possible, so they pay for all the BS they've put me thru!!! At one point, I sold all my guns just to be sure it wouldn't be that easy. Also, remember, they rate you on how you are today/now, not how bad the incidents were, that caused your problems. You may want to review some of the exam results, that members have posted, here, on hadit.com, so you can see what the examiners have written. Sometimes no response is worse than what you may have said. For years, I said "I'm fine," when asked, which I've since discovered was a big mistake. On re-exams they generally go with whatever the previous examiner stated, unless it's a claim for increase. jmo pr

Sorry I couldn't help even tho I'm registered w/ebenefits. I'm a level 7, I can't get access to my claims. pr

I always recommend that you state that "you are seeking the maximum allowed by law." jmo pr

I suggest you look up the codes you were rated under and see what they say. pr

Just watch your bank account, as the deposit usually arrives before the award letter. You should print out the AB8. I agree, but it sounds to me like 90%, w/TDIU. A win is a win!! Enjoy but be sure to save some. jmo pr

Why are you rated 40%? 40%+20% = 52%, which is rounded down to 50%, if my VA math is correct. jmo pr

I saw the Ethan Allen tag and was wondering why someone in Alabama was using a Vermonter's tag but now I understand. I'm in the NEK, where I look at Canada, across the street, every day. I'm sure you'll win this!! pr

You should definitely write down all of your symptoms and any info on flashbacks or other problems it may be causing you. And then, be sure not to forget to bring the list, on the day of the exam. pr

DelanaM - you should be eligible, for DIC, if the cause of his death was suicide and his PTSD was the cause of your divorce, which it probably was. Additionally, you should be able to get all of his records, as you are the child's mother and you would be getting them for him. You may, or may not, want to use your congressperson, to assist, in getting those records, as they can sometimes expedite that request. I would file a claim, for DIC, ChampVA, and Chapter 35 educational benefits, for you and your child, immediately, if you haven't already. pr