Philip Rogers

Some disabilities have a maximum and I guess 30% is the max for APF. That being said you can request an extra-schedular rating, and TDIU, if it keeps you from working. I helped a vet who had a skin disorder, that had a max of 50%, but couldn't work because of the drainage and odor. We ended up getting him TDIU and a few yrs retro. pr

dogface - what is the cause of your non-combat PTSD?? It can be won, depending on what it's from. Combat is somewhat easier, tho. It needn't be combat related. Vehicle accidents, morgue duties, parachute accidents, sexual assault, natural disasters, etc, etc, can be won. The key will be relating it to service, as the VA often tries to relate it to prior service activity. There is usually some type of record, depending on the type of event. pr

I would schedule an appt w/my local VARO to personally view my c-file. Chances are they're there. pr

Correct, you can receive 0% for hearing loss and receive a separate rating of 10% for tinnitus. The DVA ratings person was wrong but maybe that's why s/he denies claims, because s/he doesn't have the proper knowledge. pr

john, I know it was easy and you did it yourself and that morally he shouldn't get anything for it but most lawyers would want something. I'm sure he got a copy of the award letter, as the atty of record. If he bills you I'd pay it. On the other hand, since he'll be paid, by the EAJA, if he loses, he may not bill you, because that might compromise that payment. Just me thinking outloud! pr

I wouldn't be surprised if he wants and receives a portion of this current award. He's your atty of record and should be entitled to a portion, if this claim was filed after he became your atty, unless you have an agreement that is specific to your other claim. jmo pr

I received 5 letters from the folks, who handle student loans, in the state of NH, discharging my 5 student loans, totaling about $29k, in the late 1990's. pr

Yes, if they keep you from working, sure. You should just request an extra-schedular rating. pr

Why not Pete?? It's worth trying. Ya never know! They may only go back to the Bradley v. Peake decision, but what the heck. pr

Sounds to me like "ya dun good!!" With that little income you should be awarded TDIU, without any problem, but don't spend the money yet, cuz ya never know what the VA might do. jmo pr

Sweeeeeeeeeeeeeeeeeeeeeeeet, john!!!!! pr

Yes, you should, if you took a reduced SS retirement rate, which I believe you did. It may or may not bring you up to the full retirement rate you would've gotten, had you waited to retire at full retirement age, which should mean about a 7-8% increase, over what you get now. I'd go for it just to find out. jmo pr

I agree w/john999 on the back injury. Any mention of the back injury and the VA will claim that's why you can't work, but I disagree on filing for TDIU, as I would do that ASAP. Why wait? pr

Kowa - A,atw!!! Welcome! You certainly could be successful w/a VA claim. The advice you're getting here is accurate. You need a VA diagnosis of PTSD. If you can, hook up w/a Vet Center, if one's in your area. If not, the vet centers will contract w/a local shrink to help you. You should secure any evidence of the things you did and saw. These can be newspaper articles, military documents, eye witness statements, police/EMS reports, etc. Anything that will verify something happened and that you were there/involved. Come back often and ask questions, as needed. pr

J - glad you understood his question, as I didn't, nor did I understand his response. pr

Thanks, Carlie! I always thought if it was heard by others it was called "noise or sound." ;-) pr

Are you retiring having done over 20 yrs or because of your back?? Be careful if taking an under 20 yr disability retirement, as any monies advanced to you will need to be recovered, by the VA, before they pay any claim money. I'd definitely have the surgery done by a civilian doc, if I had it at all. You may want a second or third opinion. jmo pr

I have no idea why you weren't rated 100% by the AOJ. I know nothing about your claim, so why would I or anyone else know why?? This was your first post, here. You could apply for TDIU, now, but you might should wait until the AOJ contacts you, as directed by the BVA, as this may insure an earlier date of claim. Apparently it's inferred in your claim, previously, and applying now might screw that up. jmo pr

Will what take????????? pr

Go to Hadit's home page and find the link to CUE's. You will find all you need there. jmo pr

It's sad but I think you are correct, John. I got one of my vets 100% and they shorted him the SMC for the additionals. We sent a NOD and received a correction to the tune of $11k+, in about a months time!!! They never would have awarded it had we not pointed it out. jmo pr

pcf-12 - don't let your VSO talk you out of it. pr

I see this as a CUE, for the VA not securing records, especially when you gave all the needed info. pr

If your claim was being prosecuted prior to the new rules, then the rules that are more favorable to you are supposed to be used and probably will be. If your claim was continually prosecuted from 1994, they would need to follow the rules from then also, again, whichever is more favorable to the vet. And the same would go for a CUE. pr

They will probably be added to your list of ailments but as non-service connected (NSC) and therefore no added compensation. You would need to service connect (SC) them to be compensated. pr