Philip Rogers

Generally suspense dates are the next date they plan to look at your claim. They usually are set at 60 or 90 days, depending on what they might be waiting for. pr

Red - to my knowledge there is no means test. What she gets has no bearing on her DIC. If she remarries, I believe she loses it but that may have changed, recently. I'm sure Berta will pop in here shortly, with better info. pr

Red - the rates are currently $1154 basic, $246 additional if vet was disabled for the 8 yrs prior to death and married to the spouse those 8 yrs, and another $286, if she gets A&A. You can find the forms for a revokable trust at SUZEORMAN.COM for free. I did mine thru a local lawyer, in VT, and it ran about $1600-$1700, but that included changing the registrations to my vehicles, which I could have done myself and maybe saved $100 but to me it was worth it. pr

Thanks "K"!!! Both you & I (and them) know it's a slam dunk and that's what's so troubling, cuz they can do whatever they want and there's really no recourse. Thanks for the research!! I'll be sure to weave it into my response. My screaming is over. Grrr! Oops, well most of it is. Now it's time for work. Ya know this is the same thing they did to me and many others, quoting 38 CFR 4.16(a.) but not 4.16(b.), leading us to believe we weren't TDIU and, for many, to abandon their TDIU claims. I almost fell for it. I know my 20yo claim will go back to the BVA and maybe even the court but I should be able to get them to pay the $320 a month on this, the 100+60, now. Thanks again!!! pr

Thanks, carlie!!! I really needed to scream. What they've done is combine the 2 SMC claims - the 20 yr old one and the recent CUE claim. The recent CUE was so simple. I walked them thru it, quoting the regs and explaining them as I proceeded thru it. Now I need to separate the two again, in the new CUE I'll be filing. The 20 yo claim will be headed back to the BVA but I'm trying to get the current SMC claim corrected so they'll start paying me. Grrrrrrrrrr!!! pr

I'm at a loss. How should I appeal this denial for 100+60 SMC? I'm half tempted to contact the VSC manager and then if no satisfaction, try the VA secretary. It is absolutely outragous that they continue to deny, even after I explained how the additional 60% is supposed to be added. No one can be that STUPID!!!!!!!!!!! I just want to Scream - Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!!!!!!!!!!!!!!!!!!!! Sorry! pr

I spent about 10 yrs in EMS, as an ambulance service owner/operator, active EMT/basic and advanced EMT instructor, back in the 80's, and generally the EMT's will take you to the nearest hospital that has an open ER/ED. Most insurances require it. The hospitals generally stabilize the patient and then tranfer, if necessary. All hospitals try to use their own services prior to any transfer, thereby earning money for their hospital. I, personally, wouldn't go to a VA hospital for an emergency. I'm 100% and if admitted, I'm sure to have social services/admitting contact the VA within 72 hrs. I have Medicare and would rather end up paying the copay out of my pocket than dying. jmo pr

A spouse can collect on the spouse's SS at age 50, if disabled. I'm not sure on the divorced rule. pr

Everytime I've been seen at a hospital emergency room I've been asked if I'm a veteran. I guess there's always one. Sorry I forgot about Mpls! ;-) pr

Berta - as always, thank you!!! I haven't had the time yet to review the cases and didn't want you to think I was ignoring you and your help!!! pr

Thanks, carlie, I agree, it's money in the bank, but w/no interest. I'm hoping to resolve the 100+60 locally, without going to the BVA. As for the 21yr old HB/A&A claim, I'll win eventually. pr

WAC-Vet75 - they refer to both 38 CFR 3.350 and 38 USC 1114(s) and close w/the statement "The Veteran has one disability, PTSD, w/alcoholism, rated as 100 percent disabling and additional disabilities that combine to 50 percent disabling." My disabilities consist of PTSD 100%, DM II 20%, Hypertension 10%, tinnitus 10%, right lower extremity peripheral neuropathy 10%, left lower extremity peripheral neuropathy 10% and ED rated 0%. I can just imagine how much they have cost other veterans! pr

hawkfire27 - I'm not sure at this point if the VA would consider the failure to "imply" HB/A&A as a CUE or an open claim. Personally I'd approach from both points, thereby allowing the RO to decide and protecting yourself from further aggravation. Either way, go get 'um!!! jmo pr

Pete - ya gotta go after them!!!!!!!! pr

hawkfire27 - thanks - WAC-Vet75 and I have been batting that back & forth and I even had 2 calls from my RO, about it. They told me I didn't meet the requirements using the combined ratings chart (CRC). I, then, followed up(hand carried) w/an addendum to my claim explaining that the CRC shouldn't be used and explaining why. They then denied it. I think I'm going to contact the NVLSP this week and see what I/we can do - perhaps a class action suit - as both WAC-Vet75 and I feel they have been blanketly, across the board, been misapplying this application, for vets, all along, like forever. I/we feel there are probably $billions$ at stake. My claim for HB/A&A has been ongoing for almost 21 yrs and they just keep denying it. In the recent SSOC they recently shot down a statement from my ex "stating that it wasn't a sworn statement" (ie: affidavit) and therefore held no validity. They stated they didn't give one of my Psychologist's Mental Residual Functional Capacity Assessment much weight because, at the time, he hadn't seen me in a 5 yrs, even tho his assessment was on the time period he was seeing me. At about $50k-$60 retro pending I'm not about to give up, especially knowing I've won every claim I've appealed, including 5-6 CUE's. About 2 wks ago, I emailed the NVLSP about the CRC and the additional 60% but never heard back. pr

john - they did imply HB/A&A back when I won my retro to 100% but denied it and have been fighting it all the way. I think it's been to the BVA 3 times and CAVC once. They just denied it again, along w/my recent error claim for 100+60 back to July, 2010. I just found out, recently, I now meet the 100+60 rule, by having additional disabilities rated an additional 60%. They just denied that, even when I added an additional statement showing them that the 60% is not to be considered using the combined ratings chart. Hey, just gives me something to live for. Heck, I never thought the little "k" award could add up to $10.5k but it sure was a sweet surprise! 21 yrs of an "s" award sure will be sweet also. pr

JHawks - you need to use the day after the last date you worked fulltime as your disability onset date and refile for SSDI. SSDI uses the period you didn't work against you, so they don't have to pay. pr

Okay, finally received the decision letter and a SSOC dated two days later. They called a CUE on the ED and hypertension decisions and awarded the SMC "k" award retro to 2001. As for the 100+60 SMC "s" claim they still denied it, explaining that the additional 60% must be determined using the combined ratings chart. They also denied my 20 yr old claim for HB/A&A. It looks as tho I'll need to go to the BVA, on the 100+60 denial. Fun, fun, fun!!! pr

broncovet - she stated "I am IU for a single disability; in addition, I am" 2. Cystocele/Rectocele - 50% Depression - 50% Which I took to mean independently of her IU disability. pr

rockman - you do have 72 hrs but the sooner they are notified the better. Generally it is handled by the fee basis office. The receiving hospital is required to ask if you are a veteran and if so, are you a VA patient. They then notify the VA, however don't count on them doing it. You should call the VA yourself and note the time and who you spoke with. pr

stillhere - the question did not mention anything about a SC condition. pr

You are only rated 40% so having the VA pay for your care is highly unlikely, in my opinion. pr

You can contact the BVA by phone and see if they have it. It should be in your c-file, tho. If it's not then I'd question whether you really had a BVA case. If you were "told" orally by someone at the VA there is probably little you can do. Back in 1983-84 era there was no veterans court and the BVA's decision may have been final. I'm not sure on that. If they erred you could submit a CUE claim, now. jmo pr

john999 - not trying to correct you but I just checked, as I hope to be receiving them soon - "k" award is currently $96 monthly and "s" award is $320 monthly. I expect I'll be receiving both, shortly/eventually and that totals $4992 annually. WOW!!!!!! That's a heck of a raise! pr

oldman273 - personally I would hand carry copies of all of your doctors records, just in case, being sure to keep all originals, myself. I wouldn't count on the VA having them at the C&P exams. This may require you making multiple copies but it would be beneficial, at worst. As for the ride you can contact the VAMC travel office for assistance w/that. They can setup the required rides but it will cost you any travel pay you might receive. Still, it's well worth it. You may want to review the exam sheets here, prior to going to the exams. I have NSC IVDS/DDD and when we did the ROM part, of the exam I did my best, which caused me about 3 days of bed rest, after the exam. In retrospect I wouldn't push my limits, next time. It cost me dearly. jmo pr