Philip Rogers

Yes, they can take it away but it's highly unlikely unless they've made an error. I'd contact the C&P office and ask what the exam is for and mention that you are over 55yo, P&T and should have no future exams, period. They may have scheduled it in error. jmo pr

It doesn't surprise me. I just had a VA eye C&P and found out I had some eye condition starting, secondary to my presumptive SC type II diabetes and in the VCAA letter they've asked me for evidence, about it, from when I was in the service until present. Dahhhhhhhhhhh!! Oh well. pr

Sweeeeeeeeeeeeeeeeetttt!!!!!!!!!!!!! pr

No it is not for the extra. The student is expected to pay all costs, tuition, etc. and if the $936 covers it, great, but most likely they will also need to work, get grants, and/or use student loans. It's still a nice benefit. Technically, he is P&T and no exams should apply but I would wait and see if they actually do schedule future exams and deal w/it then. The five yrs thing is true. pr

deltaj - would it be possible to break your posts into smaller paragraphs, thus making it easier to read?? I know, for me, it would be easier. Thanks!! pr

It can't be CUE until August 2011, one yr after the decision date. I would have filed a NOD stating a "grave procedural error" and requesting that the original rater correct their decision or the same but requesting a DRO hearing. As it stands, I see 3-5yrs before there is any kind of resolution, if there is any resolution. jmo pr

Berta - you've got it right but if the claimant was being paid a NSC pension, for IHD, from 2004, the VA would recover the NSC pension paid and pay the SC $974 and then, in 2006, award the "s" award. pr

JABBO - when did the VA deny you for A&A? If it hasn't been a year then it can't be CUE. pr

I don't see any problem, John, just be sure the NVLSP knows that you have an atty and who he is. pr

BasehorVet - I'd pursue the CUE claim but first, as deltaj points out, since they may have not had the DD215, I'd make an appointment to personally view my c-file, at my VARO. They could be continuing to make the same error. I believe the VA failed to follow the law which finds the PEB rating binding on the VA, period. jmo pr

Wings - I believe this is all I've ever used, which I usually send on the "Statement in Support of Claim" form, whatever number that one is. "Dear Sirs: Please consider this a request, under the Freedom Of Information Act (FOIA), for a free copy of my complete claims file. Thanking you in advance, for your anticipated assistance, I remain . . . Sincerely;" You may want to add something such as: "including all handwritten notes, post-its and all decision forms or blue sheets as they are sometimes known. I believe the VA routinely withholds the blue sheets because it shows the names of the person who actually worked your claim(s). I'm not sure but there may be a boilerplate letter in the VBM. pr

Carla - I agree on the 2-100% ratings but ya never know. I'm not sure when I filed on the hypertension but they denied it and I never appealed it, so I was surprised to see it's now sc'd. I filed on the alcoholism back in 89 or 90 and it was denied as "willful misconduct." Then I reopened in probably 2001 and won that but it brought no additional money. I'm protected w/the 20 yrs, so no need to worry, just need to get the "s" award, then the "k" award and I'll be happy. Thanks!! pr

Carla - no nexis, it just states "TYPE II DIABETES [Agent Orange/Diabetes], service Connected, Vietnam Era, Incurred, 20% from 09/27/2007." I'm trying to attach the document. pr

Berta - I tried for the "K" award yrs ago and was denied, as they decided it was caused by hypogonadism. I filed a timely NOD, with a statement from my urologist, and have failed to follow up on it, so it should still be pending. What are your thoughts on the two 100% PTSD awards??? I'm filing a CUE for the "S" award from 7/2010 and will probably file a CUE for the "S" award on the two 100% ratings, back to 2001, and see what happens. I also have a 20 yr on going claim, for housebound/A&A, that was remanded by the court and I think some of this is due to that. pr

John, I don't do invasive. Ya know sometimes we're better off not knowing. pr

I'm 100%, P&T, over 20 yrs, was diagnosed w/sleep apnea on 11/7/2010 and am still waiting for my CPAP machine. They'd rather I die! pr

john999 - If it were awarded, for the CUE, it would be 1/2001. If awarded for the two recent PN awards it would be 7/2010. Either one should be a CUE as they should have been picked up, automatically, by the rater, at the time of the awards. When I filed for IHD they gave me a stress test which supposedly showed negative for IHD. I've never been diagnosed w/IHD but figured since I'm 65yo I should have some type of heart disease. I guess I don't but will request the leg scan. Thanks!! pr

Chuck75 - I agree they'll probably call it a duplication, especially since it will cost them $30k retro on a CUE claim, if it isn't. Both the PN's are listed as secondary to diabetes and the Hypertension is listed as secondary to alcoholism but the alcoholism is not listed as secondary to PTSD. Thanks! pr

No problem, Carla, you can pry. ;-) No other residuals, in 2001, when the alcoholism, secondary to PTSD, was awarded. Recently I had the pancreatitis thing which should relate to the alcoholism but that's a new claim. The award dates are PTSD@1989, Tinnitus@2000, PTSD w/alcoholism@2001, Hypertension@2001, Diabetes@2007, Left leg PN@2010 and Right leg PN@2010. I was never notified of the Hypertension award in 2001, nor the two PN awards in 2010. I only discovered them when my atty sent me a copy of my recent denial for IHD, that included a copy of the blue sheet. I received the blue sheet yesterday and realized last night that, w/the hypertension and PN awards, I should be able to received SMC. I don't understand the two PTSD ratings but will find out, as I'm going to call a CUE on the 2001 PTSD award, which should have awarded SMC, if the two awards are correct. There's also a couple of lines, on the blue sheet, that states: Combined Evaluation For Compensation: 100% from 04/26/1989; 100% from 07/19/2010 (Bilateral factor of 1.9 Percent for diagnostic codes 8520, 8520) Thanks! pr

John, I know what you mean. What has me puzzled is that they listed PTSD twice?? If they are each considered a separate rating then they owe me 10 yrs retro, cuz the 2nd 100% covers the 60% requirement for "S" SMC. I originally thought the two 8520 PN ratings were an error until I found out they were each for a different leg. I'll keep you posted with whatever shakes out. pr

Here's a listing of my disabilities from the "blue" ratings sheet: 9411 PTSD 100% 9411 PTSD w/alcoholism 100% 7913 Type II Diabetes 20% 6260 Tinnitus 10% 7101 Hypertension associated w/PTSD w/alcoholism 10% 8520 L leg PN associated w/diabetes 10% 8520 R leg PN associated w/diabetes 10% bilateral factor of 1.9% for diagnostic codes 8520. Any thoughts on SMC?? pr

HandyRandy060 - you need only submit a letter requesting an increase, in SMC, to your local VARO. This should either be hand delivered or sent via USPS, certified, return receipt requested, with signature required. pr

I agree but it would depend on the circumstances of the fractured leg. If you were just walking and tripped then probably not but if you were involved in a parachute accident, auto accident, fighting someone off during a personal assault, etc., then it could be. jmo pr

When was his service and when did he die??? It sounds like she's getting all there is, depending on when he died, his service and and the circumstances of his death. He may have had life insurance but that would depend on him purchasing it. Need more info to provide accurate answers. pr

They can tell you what your current ratings are and your current monthly benefit amount, which should be in the system, prior to receiving your decision and deposit. From that you should be able to tell how you did. pr