Philip Rogers

I love that last line!! roflmao 13.How do we determine mileage for reimbursement purposes? VA has not established use of a single reference. Mileage can be determined using authoritative guidance such as Rand McNally or MapQuest; or zip code to zip code as determined at the local VA health care facility, whichever gives the greater benefit to the veteran.[quote pr name='chr49' timestamp='1300322512' post='238798'] Check this out....You may find some answers to travel benefit questions here: http://www.va.gov/he...FAQ.asp#mileage

It'll depend on your local RO, as each RO has the freedom to run their travel office as they like. My RO, in VT, started that zip code to zip code thing about 3-4 yrs ago. Technically, it's probably illegal, as the form you sign states "residence" address and the VA's address, not zip code to zip code. Just another way to cheat the vet. pr

broncovet - very well said. Even I forgot, briefly, that I used to enjoy Vike17 posts, cuz it was the VA's point of view. It funny, cuz when some of the raters retire they become vet advocates, probably, very often, winning the same claims they denied. I remember a NH VSC manager retiring and becoming a VSO for one of the national orgs, with offices at the Manchester, NH, VARO, a few yrs back. pr

Sorry Carlie! I went there and got what I expected for an answer, which is why I haven't been there, prior to this, in over a yr or two. In my opinion, I seriously doubt they are here to help vets. I wonder if they're VA funded??? jmo pr

Berta - just to be sure, the HB/A&A retro claim is ongoing. The 100+60 "s" claim from 7/10 was denied and shouldn't have been, at least to my understanding of 38 USC 1114(s). Thanks, pr

Thanks, Berta!!! I've never used their phone system. I did email about 2wks ago and never received a response. I'm 100% schedular for PTSD, w/an inferred HB&A&A on appeal retro to '89. Last July I reached 60% additional(hypertension DM-II 20%, tinnitus 10%, hypertension 10%, right lower extremity PN 10% & left lower extremity PN 10% w/bilateral factor) which "adds" up to 60%. We're quite sure the law states the additional 60% is thru addition and not using the combined ratings table but need confirmation. They just denied my SMC 100+60 "s" claim. We're mainly trying to confirm how the VA is supposed to be arriving at the additional 60% - whether it's thru standard addition or using the combined ratings table. See 38 USC 1114(s), 38 CFR 3.350. Using the combined ratings table penalizes the veteran on the additional disabilities. pr

Carlie - I'm not sure, as I don't have my VBM w/me, here in NC. I do know it's listed in the VBM section on proposed reductions. Sorry! pr

Berta - I tried calling the NVLSP, this morning, for an explanation but unfortunately don't know anyone there and they use a computerized phone system. Could you try, if you have time? It seems like such a simple question but I just finished reading the vets board, which I never read, and discussing it w/some of them is like talking to a wall. WAC-VET has been doing a great job, over there! pr

Berta - no offense, to you or Vike17, but Vike17 was a VA employee and I believe would have quoted the "VA way," which we believe is wrong. pr

That's correct, Carlie. The 100% v total is basically moot, due to Bradley. As long as the additional disabilities are not part of the TDIU total, they should be added together and not "combined," as you show in your question. pr

I hope you at least got your travel pay. I'd make a written complaint, attn: RO director. In VT, the VA frowns on vets missing appts so much that they call a day ahead to remind the vet. Sorry, John!!! pr

K - I saw your post there. Thanks for the help. The response to my argument from "Interested-1" was: SMC 100+60 - (Interested-1) 03-15-11 - 5:49 PM Look at 38 CFR 3.323. The concept of "combined" applies to ALL ratings. He/she sounds like a VA employee or former employee. jmo pr

I believe there is one more protection, the 5yr protection, which, I believe, states that after 5yrs, of a rating, the claimant cannot be rated less than the previous rating. pr

Carlie, thanks!!! WAC-Vet75 basically said it all! I'm sure the VA has been misapplying 1114(s) & 3.350 for decades. I believe, in light of Bradley v Peake that the second opinion is null & void and should be corrected, unless they corrected it in the Bradley/Peake decision. Thanks again, for all your help!!! pr

Thanks, Sharon, for correcting me!!! The nice thing about being corrected is I tend to remember, even better, because I've been corrected. Thanks again!! pr

If you can get 100% or TDIU you should be eligible for an SMC "s" award which is $320 a month, additional. pr

Only if she got it thru fraud and, I think, she still loses it if she remarries. If she remarries and divorces or he dies, I believe she can get it back, but she can't get it while remarried. pr

I posted the following question: vaslayer2002 wrote: Jim - I"m looking for an for how the VA adds the 60%, once the 100% or TDIU is met. Do they use traditional math/addition or do they use the combined ratings chart?? and this is the only answer I received from someone who posts as "Interested-1": SMC 100+60 - (Interested-1) 03-11-11 - 1:48 PM The additional 60% (after either the single 100% or the single 60% upon which TDIU was granted) is determined by your friend, the Combined Ratings Table at 38 CFR 4.25; don't forget the effect, if any, of the Bilateral Factor at 38 CFR 4.26. I've never posted there before but I hope that's not Jim spreading the VA's lie. pr

Thanks, Carlie!!! And it can even be filled out online - sweet!!! pr

I think you meant 38 CFR 4.25? Just checked and I couldn't find any 38 USC 4.25. pr

WAC-Vet75 - When were you rated TDIU??? I believe if you were rated back in '93, that under that Peake decision, they were required to consider SMC HB/A&A and if they didn't you could pursue a CUE, depending on what the requirements might be, pertaining to the Peake decision. I would pursue CUE and let them correct it, if necessary. jmo pr

K - it would seem to me, that if you own your home, you should apply for ILS and some of the home handicapped modifications money, to make you life easier. I think the home modification money is somewhere around $50k. Also there's the vehicle money, available. jmo pr

I just want to point out that any letters/statements from spouses, family members, former service buddies, etc., made in support of your claim, should either be made on the VA's "Statement in Support of Claim" form or be in an affidavit form, meaning that it is a sworn statement. Adding a phrase that "this is a sworn statement, made of my own free will, and is sworn to under the penalties of purjury" at the end of the statement that is signed and dated will insure the statement has to be considered, as evidence, in your claim. They recently denied a supporting statement, by my ex, because "The statement is not sworn, and cannot be used to support a grant of benefits." Just a little advice, in hopes of preventing any further delays, in your claims processing. Could someone please post the official "Statement in Support of Claim" number, for me. pr

The VA is "supposed" to consider any additional ratings/SMC without the claimant having to ask. But, as we all know, sadly, it usually doesn't happen, so it's up to the claimant to be proactive, in their claims process. "K," I think they owe you some sizable retro payments. pr

I think he has 30 days to request hearing, which can briefly frostall the reduction. But whatever it is watch those deadlines. pr