Philip Rogers

Jeff - to the best of my knowledge you can apply anytime, including now. You could continue w/your application process now. Nothing says you have to accept what they offer, "if" they offer something. You could also try it but nothing says you'll be successful, at this time. You might try taking a Wilton cake decorating course using the ILP. It's your choice. I know you want to be a productive member of society but who says you have to work to do it. Also, you're wife could bring in about $1,000 a month, less costs, under chapter 35. Just a thought!! pr

Technically, they cannot garnish either SSA/SSDI or VA Comp but I'm not sure about DIC. That doesn't mean the funds couldn't get "frozen." I'd request both be returned to check status, just in case. The USA cannot stop payment by check, tho they might like to. The courts have ordered that they cannot require someone to have a bank account. A friend has a mastercard that their SSDI is deposited to, thru Walmart, I think. pr

I agree w/Kelly!!! Get them changed now, as you may have more problems later and it will be much harder, to change, then. Plus, the difference, financially, between 90% and 100%, is substantial. jmo pr

Welcome Sue! You can have him contact a Vet Center, nearby, and request counseling. They'll give him the diagnosis, if he has it and it's free. You can also do it privately, as Carlie mentioned. Without the diagnosis, the VA generally denies the claim. I believe he has a valid claim with those stressors. Be sure he reviews the PTSD required criteria, prior to having any exams. pr

Jeff, based on what you've stated, about your current psychological condition, I, personally, feel you'll be turned down for Voc Rehab, as untrainable, at this juncture in your life. Sounds like your doing a great job and you get to be home w/your kids, too. That's great!!!! I realize making ends meet while raising 4 children is costly/difficult, especially just on VA and SSDI but you stated that $4k a month is less than the $57k average median income in your county. I disagree and feel it's equal, as the $57k is usually gross and the VA/SSDI is net, which would equal about $60k if taxable. Also think of the all the work related expenses you don't need to pay. I don't think anyone here is trying to put you down, just offering some insight thru our experiences. I know when I attended culinary school, back in the early 90's, my PTSD was much like yours and I was in my mid to late 40's. I had a great deal of trouble dealing w/the kids, many of whom were there just to avoid going to work. You can still inquire about Voc Rehab and see what they may offer. Don't give up your dreams!!! That's all from me. Again, best wishes for you and your family. Enjoy the time you are lucky enough to get to spend w/your children because you can't work. I'm sure later in life they'll appreciate the time they were able to spend w/you over what they might have had. Unfortunately, we don't realize that until later in life!! jmo pr

Generally the DRO claims seem to be taking anywhere from 6 months to a couple of yrs, depending on how busy the RO/DRO is and what his/her vacation plans are. Sorry, I can't offer better news! pr

I, personally, think this is great but I also believe the VA will certainly reduce the use of the PTSD diagnosis. I foresee more adjustment disorder being diagnosed, which they will probably, within a year or two after award, say is cured. jmo pr

Hey, Jeff - jmo but "I" wouldn't take the chance. As I said you can have a "family" business but be careful. Currently, and I'm just guessing and probably lowballing, but I estimate you're receiving roughly $55k - $60k annually, at minimum and that's tax free. Additionally, your children and spouse can receive about $915, a month, currently, for 4 yrs, while attending college, plus they also currently get medical insurance (ChampVA). All in all that package is worth between $80k - $100k a yr, in civilian life, plus it's a nice retirement package. I'd be careful! If you need money have your spouse attend school, now, that'll bring in $915 a month. I commend you on only having one car!! Families rarely need more. Anyway good luck, whatever you decide!!! Just curious, do the kids have cell phones?? Never mind as I'm digressing. Best wishes!!! pr

Hey, Jeff - congrats on the 100% P&T and on the wishes to work. First I agree w/carlie, try to break up your posts with paragraphs or breaks. I can't tell you how often I don't respond, to posts, due to the fact I have difficulty reading those that are one extended sentence and those posters, unfortunately, lose my particular insight which can often be very much their loss. I love the culinary arts!!! I attended a small community college culinary arts program, way back, in the early 90's. I only need to do an externship for my degree but don't need it cuz I have nothing to prove, to anyone. My PTSD claim dates back to 1989 and after a lengthy appeal process I'm 100% P&T, for PTSD, since 1989, so I'm protected, completely. A "Patisserie/Bakery Chef," decorating cakes, out of my home, on a part-time basis career could workout. Bear in mind that P&T is really only protected after 20 yrs at 100%. If married I'd make it my wife's business, thereby making it a family business/sheltered workshop. You would be free to do your artistic craft but she would run it and must be more involved in the "business" aspect than you. Is your "need" an artistic one or a financial one??? With 100% + SMC and SSDI, which you should also be receiving, you should be financially comfortable, so I hope it's artistic. We all wish to work!! We need to be productive. You might consider doing volunteer work. Perhaps doing cakes at "cost" for those who have minimal income. This way you could feel good about your art/work, while learning more and perfecting your skills and expanding your exposure in that field. I cooked for "meals on wheels," for a while, until I realized the sh*t they were serving the elderly, of which I'm now one of them. I won't get started on that subject. Anyway, good luck!!! Personally, I wouldn't risk losing my VA comp, which you could be doing. pr

The VA pays the 100% rate, temporarily, anytime a vet is hospitalized for 21 days or more, for a service connected condition. So without knowing your particulars I would say yes. pr

Nice to hear, NK!!!!!!!!!!!! Now you can do a little upgrading to your fine coach. Big hugs, guy!!! pr

rikkor - question - how old were you when you were injured? I'm thinking you should file for SSDI stating that they committed an error in their late 70's decision and showing your lack of working record as evidence. Also, I'm thinking you should file a CUE for the EED but probably just back to '06. If you mentioned any kind of mental condition in your original VA claim you may be able to CUE back to original claim date. jmo pr

Also if you have a case going to the CAVC you're tagged w/a level 7. Actually it's better cuz then you'll probably get less errors. pr

Good for you Dave! I was tempted myself but changed my mind. Reminded me of those VN Combat vets that were in the sh*t 24/7. jmo Good luck, strykergrunt, we wish you only the best!!! pr

Okay, here's what I see. You "may" be able to get them to go back to 2003 but they shouldn't, since the 2003 claim was an original claim. When you received the 2006 decision you should have filed a NOD, rather than filing for TDIU. If you were awarded a percentage that made you eligible, for TDIU, and it wasn't discussed, in your 2006 decision, you may be able to CUE that, which may allow you to go back to 2003 but not if they discussed TDIU in that decision. The fact that you didn't file in 2000, when you got SSDI, kinda bars you from getting that date. jbasser posted 3.400 which is your answer. I don't see an inferred claim back to 2000 but there may be an inferred claim to 2003, which would help the CUE issue. This is not to say you couldn't win back to 2000 but I believe it's "highly" unlikely. You can't overturn 3.400 and the issue of the date the claim was filed. jmo pr

Sandra - You should send them a letter requesting his complete SS records, quoting the Freedom of Information Act (FOIA). You'll probably need to submit a copy of his death certificate and a copy of your marriage certificate/license, along with your request. If you're executrix I would submit evidence of that, also. There should be no charge to his NOK. pr

I would file a NOD on the 70% and add the TDIU to it with the form, under the presumption you were seeking the max allowed by law. Also, since you already have an existing award, you may be able to get them to go back a yr before the TDIU application date. It's worth a try. jmo pr

Be sure to submit a TDIU form as they don't award TDIU w/o the form. pr

Yup, ya can!! They did it to me and when I won I was screwed out of 3 yrs retro, due to the new claim date. I'll have to check and see if it was a Tuesday. pr

Yes, you can, but realize that it will start a new claim date. pr

Chu - a non-combat stessor would be a verifiable rape, verifiable motor vehicle accident, veriable physical assault, falling from a telephone pole, being struck by lightning, had a wall fall on you, building collapse, etc, etc, etc. Conceded means that they've verified it happened or that they believe you and no proof is necessary. And to answer a question you asked in another post, "no," I've never worked for the VA. I just learned a lot during my 10 yr fight to win 100% retro to my original claim date. I've also successfully completed the NVSLP's Basic Veteran's Advocate's course. pr

ROM = range of motion, reflexes trace bilaterally = reflexes on both sides but trace or diminished capacity, dorsalis pedis pulse is the pulse on the top of the foot and 2+ is normal. pr

The order may exist. I found many of the guys I served with received their BS's at their next duty station. If I recall correctly BS's were awarded by General Order and are located with your division records, at the National Archives, in College Park, MD. pr

Great find!!!!!!!!!!!!!!!!!!! pr

It appears testvet was right and I was wrong. You'll at least need to get one increased to 50%. Also, if they gave you 100% for PTSD they should have discussed HB and A&A in your decision. pr Here's some excerpts: (3) Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized. (i) Total plus 60 percent, or housebound; 38 U.S.C. 1114 ( s ). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and, (1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or (2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.