Philip Rogers

Yes, I do believe it would apply. They're reopening the claim(s) which sounds correct, w/the new evidence, however I believe you'd be better off to file a CUE claim based on the presumption of soundness error. I also believe the pes planus claim should be on it's own but perhaps also a CUE. jmo pr

She may qualify if she's considered a "helpless child" in the vA's eyes or her disability is Spina Bifida related but these would be if her father is a veteran and it doesn't have anything to do with your disability or income. She should be getting SSDI on her father's SS account as she was disabled before 22yo. pr

Technically, other issues can be raised at the BVA hearing. He should have done that. I did it w/mine and those issues were remanded back to the RO for development and a decision and then remanded back to the BVA. It slowed the decision by about 2-3 yrs, taking a total of about 5 yrs. pr

Here's the link: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=37366838806d70b03710badbb30414ec&rgn=div5&view=text&node=38:2.0.1.1.4&idno=38 pr

Yes it happens and yes it's wrong but it's better than having the claim continued on for many more years. I say take the offer and maybe CUE it later. It would be a CUE if a DRO did that. jmo pr

First you would need to SC the drug abuse to PTSD, which can be done, like alcoholism, and then go for the Hep C. I think you'd be better off going for the pneumatic innoculations. You may need to go for both. jmo pr

James advised you what to do. If I were you I'd do as he stated. It's a win win situation, in my book. pr

Sorry but I feel it will. They usually go w/the examiner, especially when it's against you. jmo pr

That's usually the name of who you're going to see. Call the VAMC appointments office and ask. Unlike what's been reported they really don't "bite." jmo pr

I agree w/jbasser but you needn't worry about monetary loss. IHD claim should go back to original claim date of 2005. I'd also file for TDIU since he can't work and an increase in the PTSD rating. pr

With a GAF of 30 you should be rated at 100%, if the depression is due to SC conditions. jmo pr

Cute story, LarrieJ!!! ;-) pr

As for immediate financial contact your local veteran organizations, such as Am Legion, DAV, VFW, etc, as all have emergency assistance funds that you can apply for. pr

Sure is!! If you can get more do it but yes appeal their denial. The VA doesn't have to agree with SS but needs to explain why if they don't. pr

SKIPRAY - I'm sorry if you feel people "pounce" on ya if you ask a question. We certainly don't approve of that and we all want this place to be where you can all come safely for help. There are those who feel just because their PTSD was caused by combat activity their's is worse but to me, if that were the case, MST would be worse. All PTSD is just that . . PTSD. Doesn't matter the cause as the symptoms are the same. War is like many jobs, 95% boredom and 5% shear terror. As for a VSO, you sound like you're on top of things so why use a VSO. I've found most I've dealt with to be extremely lazy and claiming they are overworked. Many hate that we vets interfere with their golf game. LarryJ is probably the exception. If it were me I'd go it alone. jmo pr

All additional claims will be put in a temporary file until your c-file returns. They will follow the instructions of the CAVC but very slowly. I would file it now, as it won't effect the speed of your claim but could lose you money if you wait. jmo pr

I just had a C&P exam and when I went to the ROI office, to get a copy, was told C&P exam copies need to be released by the VBA/veterans service center(VSC), as the ROI office can't release them. I went to theVSC and they're sending me a copy when it's completed by the examiner. pr

When will y'all learn that you need not meet the 60% or 70% requirement for TDIU. You meet the requirement anytime your SC disability keeps you from working, no matter what the percentage. You can be 10% and still qualify. The VA states you need 60% or 70% only to keep TDIU claims from being applied for. pr

Good point Pete53! Sorry I missed that. Couldn't see the trees due to the forest. I think Pete's right, he could need a link to his service. pr

100% or TDIU. pr

Misapplication is a CUE. To the best of my knowledge a verified stressor is not a requirement for SSDI. pr

CB - I would give it a try, if you are now rated for PTSD. It may be very difficult but could be possible. They can't rate for PTSD, since PTSD wasn't around until 1980, but PTSD is an anxiety related disorder, so it may be possible. You'd probably win 10% retro, if you win, but 10% times many yrs is a nice check. jmo pr

I would say the misapplication of the DSM-IV or any other rules would be a CUE. As for the retroactive award of a CAR, it should help towards getting a retroactive award date. jmo pr

I think there are more being approved. I've been helping one of the guys from my platoon (1965-66) for about 3 yrs and they just gave him 100%, w/P&T, for PTSD, last week. Yes, I believe I'm seeing more successes. just sayin . . . ;-) pr

Cruinthe - I can't believe you've waited this long. I'd do it privately and worry about paying for it later!! It's your life!!!!! You know the VA doesn't care about us! They'd rather we die. Most hospitals will adjust your fees according to your income, if requested. Get 'r' done!!!!!!!!!!!! jmo pr