Philip Rogers

Yup, I was talking about 100%ers and TDIUers. I believe during those good yrs we raised our standards of living too high and it was only because we could make the payments. Don't worry yours is coming! pr

Red - Yes, you need to see an attorney. I recommend a revokable trust. You can get the pkg at suzeorman.com for free but I still recommend seeing an attorney. I have a trust and it cost me about $1800 for everything, including my will & living will. I feel a trust is better as it allows access immediately upon death and there's no probate. jmo pr

From what you've stated, it sounds like you'll need an favorable IMO, for your case. Just keep appealing - never miss any deadlines and eventually you'll win!!! Sorry but this is the system and how it works (or doesn't work). You just need to keep working it. I'd request a DRO hearing where you can present your evidence in person, as the next step. jmo pr

doogie - it doesn't matter if you did have it - they accepted you as fit and therefore are responsible for you. Use that as your argument. pr

Don't cha feel we get enough?????????? I have plenty. Could I spend more - sure! We have shelter, food, water, a vehicle, family, friends, Hadit, etc. What more do we need??? Some of you are sounding to me like some of these CEO's wanting more and more. Look around the world and compare our lives to their's. I'll take mine any day! Sorry but I get sooooo tired of hearing the whinning. Woe is me!!! I get $20+ an hour, 40 hrs a week cuz I can't work. Unfortunately, in my area of the country, $10-$12 an hour is great pay - altho minimum wage is more prevelent. jmo pr

That's nice but I think they have to approve it every yr and then it's tied to the consumer price index(or some other fool thing) and if there is no inflation we don't get it. Needless to say they'll tell us there's no inflation, again, this yr. I'm happy w/what I get right now. As long as I don't get foolish I survive quite comfortably. pr

Your 30% disability should be protected, under the 20 yr rule, as mentioned, but you might want to file for an increase. In 37 yrs it probably has worsened. You have nothing to lose and much to gain. jmo pr

You go LarryJ, I love it when you tell it like it is and send me to my dictionary . . . "self-flagwhatever" Too bad we don't have more VSO's like you!!! pr

Carla, you can do as advised, here, by others, send medications list, copy of SSDI award letter and I'd include a statement that you'd be happy to help give them a fair trial and then "hang 'em!!!" ;-) jmo pr

Generally, it can be up to about 90 days, for a decision, but don't hold your breath, as it can vary based on how busy they are, vacations, etc. Payment, if direct deposit, can come either before or after an award letter. pr

john - I don't think the people at VA are stupid, they're just following instructions. VA instructions are most likely written by attorneys. This can be seen by a denial, for TDIU, that quotes 4.16a but not 4.16b. I'm fairly sure most VA responses are canned, preprogrammed answers, otherwise they'd never get any work done. The employees are just doing their jobs and doing them the quickest way possible. They're not paid to think. jmo pr

john - why request HB, at all?? Why not request SMC "S" as a statutory benefit, based on TDIU + 60% (Bradley v. Peake)?? I would think that way you'd avoid a C&P exam for HB, since it appears the mere mention of HB triggers an exam. jmo pr

They can speed up the claims process just by eliminating smoke breaks. jmo pr

I agree, however don't count on the VA to find their errors. The veteran will most probably need to apply. I believe it would have to be revisited thru a CUE. jmo pr

There ya go, john999 & jbasser, just what we've been discusing. pr

File for TDIU Monday morning and state that you're requesting an extra-schedular rating under (38 CFR 4.16b), if you don't meet the TDIU (38 CFR 4.16a) criteria. Never mention non-service connected injuries, as the VA will blame all on the NSC disabilities. pr

If you're capable of working and earning money, why take the disability. Or do you just want to collect 100% disability and work?? Do what you think is best but not w/help from me. I prefer to help those who can't work, due to their disabilities. jmo pr

I disagree. You could have a 10% disability that is static but not total. It could be permanent but not total, unless it causes TDIU. Get my point? Anyway . . . whatever! pr

jbasser - I don't understand your post. It doesn't say 100% but does say "total, and." pr

You should request another doctor/counselor at the VA, one that you are comfortable with. Those letters to your ex should be excellent, especially if they are post marked. I agree, the VA is avoiding disgnosing PTSD, these days. Also, try going to a Vet Center, if possible. jmo pr

You may want to blackout your name from the document when posting it here. I think it may work. "as likely as not" is the threshold. "More likely than not" is better. And, by the way, it's nothing to be embarrassed about!! Young folk get embarrassed about everything. Who really cares - no one but you. As a youngster I always wanted to "die in the saddle" so to speak. As I get closer to death(that age) the less important "being in the saddle is," in fact I'd rather live longer than ever have sex again. I've got some great memories, tho!!! And in my memories I'm probably a lot better lover than I really ever was. ;-) jmo pr

Check w/your lawyer and confirm that any additional attorneys fees come out of his fee agreement, and not additional to his fees. As for HB, the VA need only consider it, not award it. If the VA made a statement, in the original decision, that they considered HB and/or A&A but denied it, then you have lost. As a point, they never considered them in TDIU awards, so you may be golden. Go get 'um!!! You've got way better odds than the lottery!!! jmo pr

I agee w/larry. If there is enough physical evidence there is no need for a C&P. pr

grent - you've really lost me. Please quote the regs you're talking about. Some vietnam vet friend said doesn't cut it. In '89, I believe, 4.16c became effective and was rescinded on 10/8/96. It required anyone w/a single disability of PTSD rated at 70%, unable to work due to that disability, to be rated at 100% A schedular rating of 100% requires the VA to infer HB or A&A. Were you rated during that period?? You're just confusing me. pr

SOC = statement of the case There's a link on Hadit's main page to all the abbreviations. pr