Philip Rogers

broncovet -in the case you quoted, don't the other two issues become a moot subject, once service connection is denied. With no service connection, there can be no effective date or compensation. Now if they awarded service connection, then they could proceed on the other issues. I understand your point, tho. Also, if they changed what you were appealing, provided you caught the error, it would be a CUE. jmo pr

Hey, look at it this way, you're another "90 days" closer to a decision. Sorry, I couldn't resist! Unfortunately they just take forever. Sorry, but I don't know of anyway to expedite your claim(s). It basically takes whatever it takes. Just make sure all your evidence is in and hang in there. If anyone knows more I'm sure they'll jump in shortly. pr

Michellee - I can 99.9999999999999% guarantee she only heard that "your IBS is secondary to the meds you take for your neck" and, as such, will deny the IBS and, probably, the migraines. I hope I'm wrong, but I think it's highly unlikely. As for your CUE, I think you have a potential CUE. You need a copy of the accident/after action/incident report and all the medical records, from the accident. Hopefully there's something in there about your neck. There's no doubt a fall like that could cause a neck injury but the problem is/will be convincing the VA. pr

It's looking, to me, like they paid you @ the 10% rate for 6/1 and the 30% rate for the balance of the month. I can't come up w/their exact figure but my figure is only about 30 cents off. jmo pr

Michellee - I agree w/Berta. Please post the '98' decision, as it'll give us more info to better direct you. Also, what kinda accident was it? pr

If they have now SC'd it and rated it I would file a CUE for an EED. In my opinion, all you needed to be well grounded was the accident report and neck pain. Go get 'em!!! pr

You might try typing your posts on word processor mode and then cut & paste it to your hadit post. It took me a while to get smarter, when I had dial-up, but saved me a lot of re-typing. Especially nice when you're a 2 fingered typist like myself. jmo pr

Technically, probably not, however, that may not stop local VARO's from doing what they want. Remember, everything is appealable and nothing that is "said" can be considered as true. pr

You can use that as excellent evidence towards a TDIU award. I used a Voc Rehab denial as evidence towards TDIU and won. pr

You can also get them if you have foot problems. A guy in my group gets them, each yr, for his foot pain. I got the sneakers, w/the velcro straps, because of my DM-II and I love them. They're the most comfortable I've ever had. I'm ordering and paying for an extra pair. I also got the hearing aids, with the blue tooth capabilities. Works w/my cell and TV. pr

I think it was called Independent Living Services but it coulda been ILP. It was thru VocRehab. Probably the same thing and I just made an error. pr

Almost all VA bennies are hidden cuz they sure don't like to share them. Who knew all the things you could get thru the ILS program, like what fanaticbooks has posted. A greenhouse!!! I remember a guy I saw won on appeal, an addition to his house, for a photo studio, so he could take photos of birds, in his yard. And I thought I "dunn good" getting a new computer and printer, back in the mid '90's. SMC is another biggie!!! Everyone thinks once you reach 100% that's it! I'd be willing to bet you could even get them to buy ya a Veterans Benefits Manual(VBM), if ya asked!! pr

oldman273 - anytime you file another claim, or file for an increase in an existing claim, the VA has the right to review existing awards. This also can happen when you move and/or change VARO's. It sounds, to me, like they're trying to find a way to award you 100%, or TDIU. jmo pr

Too bad, WAC, I was sure the VA had a few of those but probably they already have long, long, waiting lists. I'd say try the NSOrgs but ya need to be able to play golf, a couple days a wk, for those!!! roflmao pr

rakkwarrior - now you're messing w/me! I can't find a "Chu Lai" post anywhere in this thread. pr

If you can prove it harmed you, I would say yes. Would you please post the CAVC case link? pr

I don't see why you would want the VA to do it. I'd, at least, go down the street and talk to them. Remember, free things are sometimes worth just what you pay for them. jmo pr

Teac - thanks for your response! The Law is not the bible and must be interpreted the same, that's why we have the appeals courts and the CAVC. I think this needs to be taken to the court, and further, if necessary. They VA is supposed to apply 38 USC and CFR in the same manner. Wac points to other parts of 38 USC 1114 where it uses the word combined, yet it is not used in the "s" decisions. I believe that is, absolutely, intentional, which is why I'm arguing this!!! pr

Okay, John, now I've got it. Once you got the TDIU, under Bradley, the 60% rating alone would have qualified you for the "s" award, as Bradley took care of the 100% or total rating. WAC-Vet75 really nailed it w/her latest find. The vet had TDIU and although very confusing the vet had 3 additional ratings that "added up, not combined, to 60%" and he was awarded the "s" award. Thanks again! pr

broncovet - too bad tiger wasn't as prepared on that other issue that caused him so many problems. WAC has done an excellent job and really nailed it. I feel it will still need to go to the court to get the VA to properly rate those 100+60 SMC "s" claims. The other boards will just say the BVA judge erred. pr

Thanks, John! I thought that's what you had. I'm having trouble finding cases that add up to the required 60%. So is your total rating, the 60% for TDIU plus the five 10% ratings, or do you have other ratings that cause the TDIU, plus the 60% and five 10% ratings??? Thanks again! pr

What are your rating percentages that equal the 60% necessary for SMC?? I just need the percentages, not what they are for. Thanks!! pr

rakkwarrior - what I'm saying is that for the ratings that are used to attain the additional 60% (for the SMC "s" award) they cannot use the combined ratings table(CRT), as it penalizes the veteran twice. Once the veteran is 100% disabled they cannot use the CRT and it is spelled out in 38 USC 1114, specifically. Please see recent posts by WAC-Vet75 and myself for more info regarding SMC "s" awards. Thanks! Perhaps the VA has been doing these wrong all along and it needs to be addressed by the court?? pr

The problem is I live 3 miles beyond my PO and the VA is 2 miles beyond their PO, so I lose 10 miles/$4.15 per trip. Not a lot but add that to the $6 they deduct, the first three trips, and it adds up. It is most beneficial to those who live closer, (if) they are doing the same to them. My RO hit over $2 million in travel pay, this yr, and is cutting back wherever it can. pr

I'm sorry tbird! I understand. I thought it was about an claim issue and when I discuss the issue I quote it's source. I won't do it again. pr