Philip Rogers

It could be but it could also be that it's not updated yet. Try to be optomistic! pr

I've got a hearing consult(not C&P), coming up, on a Sunday morning, so maybe they're working OT. pr

I'd file for TDIU now. Why wait?? Once the SSDI checks start to come I'd appeal the SSDI date. jmo pr

Why won't the provide the shots. I get them. Some yrs back I did them for a yr and the VA did them, then, too. pr

Call the 800 number and ask what your current disability rating is. They'll usually tell you and from that answer maybe you can tell if you won or not. pr

Try calling the 800 number again and asking them what percentage of disability he's currently rated at. That should tell him if he won. If he lost he won't have any disability rating. They won't tell him if he won or lost but generally will tell him his current rating. pr

I agree w/Berta, file for TDIU now! The c-file takes a little while to return from the BVA. The RO will generally open a temporary file, on you, until the c-file is returned. Not filing now could cost you thousands of dollars if/when you eventually win the TDIU claim. It shouldn't interfere w/the process. pr

It sounds to me like you should be getting 100% or at least TDIU. Please apply for TDIU ASAP!!! pr

A claimant can also be rated 100% schedular by meeting the criteria for 100% w/one disability, as I am, 100% for PTSD, alone. pr

The "k" award is currently $96 monthly. pr

You may need an adjustment in your dosages. Check w/your prescriber. pr

I'm not sure on the tobacco rules. Generally, when the rules change the VA is supposed to use the rule that is most favorable to the veteran, when deciding a claim. So I would say the 1998 rule "may" not apply but it may also make a difference if the claim was or wasn't under continuous prosecution. I haven't read the 1998 tobacco rule. Hopefully James Breckenridge will have enough time to post on this. Please post his duties while in the Navy. pr

Probably 01/06, as I read it. pr

Ditto - doesn't work! pr

jbasser - Ya got a link and if so could ya post it????

I just got a VCAA letter, on my IHD claim, and it states they still haven't decided how they are going to handle the claims. It is what it is and will happen when it happens. Sorry, stillhere, I wasn't picking on you! Perhaps I should have worded it better? Sorry!!! pr

If you're within 1 yr, of your original PTSD award, I'd NOD the 30%. PTSD is often rated low. I won my claim after 10 yrs of appeals. I was originally awarded 30% for PTSD and 10 yrs later was awarded 100%, for PTSD, retro to day one. Many accept what the VA offers. If it's over a yr, since the original PTSD award, I'd file for an increase. PTSD is probably one of the easiest ratings to get increased, mainly because, "I feel," they lowball the original rating. A TDIU claim is a claim for increase but I'm not sure if they re-evaluate all the disabilities or just look at the TDIU issue. Venturing an educated guess, I feel they will deny you TDIU, quoting 38 CFR 4.16(a.), stating that you don't meet the minimum requirements. jmo pr

John, your lawyer will get paid, at the CAVC (Court of Appeal for Veterans Claims), thru the Equal Access to Justice Act (EAJA), which is part of the reason he's so willing to appeal. I think you'll win, eventually! Like you said, the BVA decision is no surprise. pr

What's the big deal, it's coming. Anyone who had a claim for AO related illnesses or IHD should fall under Nehmer and should get an EED. If they haven't filed yet, they should. It's money in the bank . . . just can't/don't spend it, yet. jmo pr

I've been doing the shots for about 3 months and was considering the patch. Guess I'll wait and watch your post for feedback. What's his dose on the shots? They've got me on 300 MCG every 3 wks. Haven't noticed any improvement, tho. pr

I've had both, won at both and lost at both, at various points in my claims processes. I'd recommend a DRO hearing first and if denied you can then go to the BVA. As for a VSO, I don't recommend any but that's because most aren't as knowledgable, ambitous, or caring as the LarryJ we have here. Your claim is your responsibility and in the end it falls on you. I personnally feel most VSO are worthless individuals w/little, if no knowledge and that shouldn't be allowed to breath the same air as us regular vets, even tho most are probably vets themselves. But I digress, here! You decide what's best for you. jmo pr

I'm not sure but I think you have 21 days from the date you received the proposed reduction letter to request a hearing. If not done within that time limit the reduction will take place as scheduled and then you'll have to fight to get it back. pr

Thanks, James, I think the fact that it could be considered plausable is all I was looking for. At least, w/that, I feel I can move ahead, albeit slowly. Thanks again for your time here!!! pr

Sorry, no TBI, just physical ailments, altho these days I do have more wisdom but I think that's age related! ;-) pr

Yes, as stated in my original post, I'm 100%, SC/P&T, over 20yrs (1989), for PTSD, plus 100% NSC for pension from '71 or '73. Herein lie my problems. PTSD wasn't accepted until, I believe, 1980. Before that it would've been some kind of compensable psychosis. Also, I didn't know there was anything wrong with me, then, altho I do believe the DoD and the VA knew something was wrong w/many VN vets. So I couldn't point the VA in the right direction. I'm not trying to collect lost pay, just trying to get the NSC to be corrected to SC, which would put me at over 100+60, allowing for SMC. I don't think it fits CUE but thought I could maybe get them to accept it that way. Thanks, again!!! pr