Philip Rogers

Ruski - I've reviewed the Fast Letter, dated September, 2010, and you can probably use it to reopen your claim under new and material but that won't get you the EED. I'd first pursue the reopening and that decision being approved and then try to get an EED. It'll take a long time but you may or may not win. Good luck! pr

Ruski - Would you please post a link to the fast letter? I need it in order to offer you my opinion. Thanks! pr

Here's the link I used then, which someone posted from hadit.com. http://www.usa-federal-forms.com/usa-fedforms-dod-va/dod-va-3542-nonfillable.pdf pr

It is unnecessary to stand in line for travel pay. Some time ago I downloaded the travel form and made a master copy. The day of my travel, after my appointment, I mail the form in for the trip and about 3-6 weeks later I receive a check for my travel. I have counseling every week which pays about $30. Some time ago the VA started paying zip code to zip code, which cheats many vets and over pays others. The forms you sign state that you travel from residence to the VA appt. They should pay the full amount but don't usually. It would be nice to get the correct amount but to me it's not worth the time and stress it'll cause, so I elect to accept what they give. It's still an improvement over the 11.5 cents, a mile, we used to get. jmo pr

Depends on how old your current HA's are. Read Carlie's link. Hey, it's worth a try. pr

Mine are like Larry's, they are bluetooth, also. They work directly to my cell phone and I have a unit that connects them to my TV, so the sound comes directly to my hearing aids(HA's). I believe I can run up to 7 or 8 separate bluetooth items, directly to them. They advised me that they may not help me but I found they do. For yrs I've been missing the sounds cymbals make thru my car radio. Took me a week to figure out what that strange noise was, once I started using HA's. pr

Generally, light means no heavy lifting (usually 10 lbs or less) or long periods of standing, walking, etc. pr

Either he or you should contact an attorney specializing in mesothelioma lawsuits, now. If he ever was a cigarette smoker, you should check with him to see if he ever smoked "Kent" cigarettes and if so, be sure to get a signed, sworn, notorized affidavit from him regarding that use. Between around 1954-1956 Kent "Micronite" cigarette filters had the specific type of asbestos in them that causes mesothelioma. Kent cigarettes were also supplied in some C-rations we used then and he could have smoked them then, also. If he hasn't had a biopsy, specific to mesothelioma, he should have an autopsy, when he passes. I'm sorry he has to go thru this but the manufacturers knew what asbestos does and didn't care, so they should all be sued and made to pay and pay and pay!!!!! jmo pr

You may or may not have to sit thru another evaluation, depending on how current your latest exam is. Seems like a small price to pay for over $5,000 worth of hearing aids. HAE = hearing aid evaluation. jmo pr

Yup, that's pretty basic. You lose. You need something to counter that in order to qualify for TDIU. pr

By "later" they mean whichever date is most recent. If you were medically entitled in 1980 but never filed a claim until 2011, then it would be 2011, when you filed the claim. If you were rated 10% in 1980 and you applied for an increase, in 2011, it would be the date that your condition worsened, as shown by the medical evidence. However, if I recall correctly, the VA will rarely go back more than one year. This means if your condition worsened, in 1985, but you didn't request an increase until 2011, they would go back to 2011, with a maybe of 2010, if you're lucky. There are some variables to this. pr

lobo, most hospitals have a sliding scale for low income patients. Also many receive funds from the feds and have to provide either free or reduced fee services under the Hill-Burton Act. As for doctors you may be able to find a local free clinic somewhere nearby. As for emergency care you can check-in a local emergency room and advise them to contact the VA for you. pr

Yes, they can. The pension amount will be reduced by whatever the SSA/SSDI amount is and if the SSA/SSDI amount exceeds the pension amount the pension will be discontinued, altogether. pr

I went thru a PTSD program, back in 1990, and they had us fill out the paperwork, after we had been there 21 days. pr

The first number is that particular VARO number. The second number is the department number. I believe 21 is the number for the Veterans Service Center. The set of initials is the person that is assigned to work on that claim. pr

I was a level seven for a number of years. The reason had to do w/having an atty and having a CAVC claim. Even after my CAVC claim was decided I continued at a level seven. My atty recently decided he could no longer help me and I am no longer a seven. Actually, I think it's good, as it means you are being handled by a more competent person. pr

Personally, due to the first paragraph of the second page you posted, I don't see you getting service-connection from this exam. jmo pr

Sounds like you have the hardest & worst part done . . . service-connecting it, even tho it was only 0%. Now you need to fight for a correct rating. The doc will need to state that the headaches were related to the current tumor. Can't even guess at a rating, right now. They'll probably deny or lowball ya, so plan on the chance of a long drawn out battle. You should win, so don't ever consider giving up. I had a friend give up recently, after the long process got to her. Too bad cuz she had a winner!!! When ya give up, they win!!! Good luck! pr

In Pete's case, I believe he's getting the SMC "S" award for agoraphobia due to being HB, not due to an additional 60%, as that's what agoraphobia does. I don't think it's 2 mental ratings. But that's jmo! Doesn't really matter as long as he gets it, right? pr

Berta - I was originally rated 100% schedular, for PTSD, by the BVA, retro 10 yrs, but the infered issue of HB and A&A was originally missed but I corrected them and it was denied. I had applied for HB and/or A&A within one yr of the decision but was denied. It has been under appeal since. It even went to the court where my atty won a remand. At this point I qualify for the SMC "S" award under 100+60, as I now have other disabilities. The VA has taken so long, w/this case, that even I question whether I qualify for HB, at this point. I should have been awarded it, way back, as it was believed to be permanent, then. The BVA has even requested that they decide whether my PTSD disability kept me from going to work. The C&P doc wouldn't speculate, so I expect the case to be remanded, once again. I'm about to secure an IMO and submit it. If I won they'd owe me about $60k but I doubt it'll win. pr

chr49 - thanks! For all I know I've never understood the bilateral thing and never tried, cuz I was a schedular 100% for yrs. Now with these other ratings I felt I could acquire the SMC via another route. The VA denied my housebound and A&A yrs ago and have fought me all the way. I will finally win, albeit somewhat late. Thanks again! pr

Thanks, Veldrina, that's what I wanted to know. I, personally, understand VA math quite well. Most courts and disability insurance carriers generally use the same type of schedule. I just wasn't sure on the 100+60 rule. Thanks again, and know you are welcome here. On a side note, you might want to edit/correct your typo, as 20+20+10 will never equal 60, even using VA math. ;-) pr

I can't see how they can offset VA Comp and SSDI. VA Comp was paid for by your service and SSDI was paid for by taking the payments out of our wages. Legally they shouldn't be able to offset. jmo pr

I've just found out I've been awarded the same new 10% disability for each of my legs. It also states the bilateral factor is "1.9", which I assume to mean an actual award of 19%, combined, which would round up to 20%. Am I correct, and if not what is the total??? Also, when considering the 100% + 60%, required for SMC, do they use VA math, or normal math, when combining to meet the 60% required??? Thank you!! pr

If you have any kind of an agreement on the recovery, I believe they will follow thru with that. I believe most govt agencies recover at a rate of about 15%-30%, of your income amount, as they need to leave you with enough to survive on. However, this is just an educated guess. You should call the service center manager and ask. pr