Philip Rogers

Looks to me like the examiner did a fairly good job, in service connecting his PTSD. Venturing a guess and that's all it is but based on what I've read here, he'll be service connected(sc) and rated at 30%, or maybe 50%, but remember that is just an educated guess. I feel the examiner held back somewhat. jmo I can't offer anything on the Reno VARO. pr

Good on you, girl! You go teach 'em a lesson!!! xoxoxoxo pr

I believe you can change RO's, however, if you need hearings or C&P's, you'll need to travel to that RO for exams & hearings. jmo pr

Michellee - Guess the VA wins and you lose!!! It's okay to give up . . . I understand. You do realize that nothing a VA employee tells you needs to be the truth. They cannot be held libel and so they "lie." Anyway, good luck! To others who may be reading this, don't, ever, ever, give up cuz when you do they win by default. pr

Most banks don't post it until the 1st as they get to use that money for free. I've found that credit unions may post it, a day or two, earlier. jmo pr

I believe that if you were assigned to a mortuary affairs unit your stressor is considered a given, without the need for stressor verification. We have a guy, in our group, who was a refrigeration specialist, maintained the refrigeration units the DOA's were stored in. He said it was very stressful, as the heat would cause the bodies to turn black, when the units would break down. He's TDIU now. jmo pr

Just so you know, I believe there is no rating board, these days. Years ago, the rating board consisted of three people - a medical doctor, a rater and an administrative type, who decided the claims. I believe, nowadays, the rating board is a single person, the rater. It became a cost saving way to deal w/claims. Maybe one of our VA persons, who post here, can explain it better. pr

jbasser - sorry to correct you but if a claimant became disabled 10, 15, 20 yrs ago and never filed for SSDI, they can file for and win SSDI, now, provided they use a "disability onset" date that is within 5 yrs of their last work day. Frequently, SS denies claims because the claimant doesn't apply for yrs and then when they do, they use a current disability onset date. Doing that will cause an absolute denial based on the recent quarters rule. pr

Are you currently working?? What's your 70% rating for? Did you have an ALJ hearing and if so, why did the ALJ deny? Thanks! pr

I told you what I thought you should do. My last comment on this. pr

Remember, you need to be able to work full-time, 40 hrs a week, or you get SSDI, as NK stated. Any 100% or TDIU vet will win, provided they have the quarters. pr

All the info should be here. I posted it yrs ago under my name of "Flip." So I know it's here, I just don't know how to find it and it was on an old computer, that has since crashed and is gone. A past VA employee, that used to post here, shared it w/me to share here. As for wording, I'd just send something like this: Dear Sirs, Thank you for your recent proper award of SC for ED, on "insert date here," however, as a result, I believe you have committed a "grevous procedural error," in that I should have been awarded an SMC "k" award, with that award. Please correct that decision, as soon as possible. Thanking you, in advance, for your anticipated assistance, I remain . . . Sincerely, xxxxxxxx xxxxxxxxx pr

erico541 - the few "young kids" you mention are probably collecting SSI, for those who haven't worked or don't have enough credits for SSDI, or if they became disabled between 18yo and 22yo are collecting SSDI against their father's account. pr

My daughter's having the same problem. I won a CUE back to '89, so she had a choice of any date between "89 and 2010 the date of the CUE award. She chose between something like '94 - 2002, so she could get a retro payment, for when she'd attended school before. They denied it. I haven't seen the letter yet but will, when I get home next week. BTW, I don't give up!!!!!!!!!!! Grrrrrrrrrrrrrrrrrr!!!! pr

bronco - what????? Sorry, I could resist! No offense taken. You've got nothing to appologize for. I hope you've at least gotten hearing aids from the VA. They said mine probably wouldn't help me but I think they do. I'm hearing sounds I haven't heard in yrs. Even the voices in my head are louder! lol pr

stillhere - If you had an appt it sounds like they screwed you. They paid you the drop in, unscheduled, rate. Unscheduled/drop-in appointments only get paid one way, not round trip. If they screwed up why should you get short changed. If it's worth your time I'd appeal it, as it's money out of your pocket or gas tank. Who knows, maybe the travel person or cashier pocketed the difference? jmo Just an example but, about two yrs ago, the office manager, at the electric dept, where I used to live, forgot to sign a dept check, so it was returned, for a signature. She was off the day it arrived and one of the clerks didn't recognize the vendor and did some research. Seems the office manager had been embezzling money for over 10 yrs, to the tune of $1.2 million. If the manager hadn't been off that day she may never have been caught. She "was" well liked and respected in town. The key word is "was." She's retired now w/an electric dept pension, that they're trying to stop paying, and she'll probably be going to jail. Worst part is none of the annual audits caught it!! pr

Mike - I seen some get it with relative ease and others, well, f e r g e t a b o u t i t, so it's up to you. You can win, just be prepared for a long battle, in case, and never, never, ever, ever, give up!!! pr

To the best of my knowledge, they've always just paid to the nearest facility. If you got it to another facility, prior, consider yourself lucky. I know, at mine, they are cracking down as they went over the $2M mark, last year. I talked to the guy, in travel and he said they have some vets who come in just about every day, for an appointment of some kind. They've found a way to make it their full-time job, playing the system. At $0.415 per mile it can add up. pr

If you have a VSO, you could use him/her or you can do it on a Statement in Support of Claim form, submit it and give your VSO a copy. It might be faster, the way I've seen some VSO's operate. jmo pr

JohnO - please file for TDIU, yesterday, and then read 38 CFR 4.16(b). pr

When I first sought a VSO, in 1990, I went the the Am Legion, at the RO, in Manchester, NH. I asked him if he knew about 38 CFR 4.16 and he responded that "no" he didn't but he had a book, in his book case, that should have it in it. The CFR book was at minimum 25 yrs old. I'm sure there are some good VSO's, and VA employees, out there, but that type of thing doesn't instill confidence, to me. jmo pr

I believe it is an inferred issue. I'd just send them a note stating they made an error, in not awarding an SMC "k" award, and requesting that they correct it, promptly. jmo pr

Michellee - I'd still go the CUE route! Why give up the original claim date. You can always reopen, at any time. Check your c-file - ya never know what secrets it holds. jmo pr

Hi Mike - nice to se ya back but sorry it's under those circumstances. Hope life is being good to ya! They do it because they can. Sorry but that's about it. What you'll probably need to do is get an IMO showing how you are HB and/or need A&A. I've been battling that one, myself, for yrs. Do you have other SC disabilities that could qualify you for SMC "s" via the 100+60 route?? I ask because they used the word "combined." pr (aka:Flip)

bronco - alright, argue w/me, if you like. I stated that if there was no SC, then there's no percentage or ED. In your case you got SC + 0% and they gave you an ED, as John said. You won the hardest part, getting SC. If you get no SC, then there's no percentage and no ED. Yes, they do jerk us around. I'm fairly sure many, if not most, of the backed up claims are due to the way the VA handles the claims. They guarantee themselves much work and job security. And your point is . . .??? To qualify for a hearing disability, w/compensation, the hearing loss must be very substantial. I thought mine was, but not enough for VA. Anyway, good luck!!! jmo pr