Philip Rogers

I just checked the DIC rate chart and the VA pays an additional $286 for A&A and an additional $135 for HB, in addition to the DIC rate. So I would say "false." pr

I helped a claimant win using 4.16(b), via the CO. Instead of awarding based on extra-schedular the CO decided to increase his rating, for scarring, to meet the requirements of 4.16(a) and awarded him TDIU retroactive for 3 yrs. He should have gotten about 15 yrs retro but he decided not to pursue it. I've assisted w/2 others quoting the extra-schedular rule and both were increased to meet 4.16(a) and then awarded TDIU. pr

I disagree w/testvet. I believe you'll get some type of SMC, roughly a little over $300 a month. jmo pr

jameshadit - if you submitted additional evidence, to the BVA, w/o waiving RO review your claim will be remanded by the BVA to the RO. As for requesting an increase, for PTSD, you should do that now! You should also file a TDIU form if you're not working. Neither should slow your current claim. They generally start a temporary c-file while your actual c-file is away. pr

FYI - I recommend to all my non-working claimants that they file a TDIU application with their original claim, or as soon as possible, if they've already filed a claim. This saves them a loss of years of TDIU benefits when they subsequently win their claim. jmo pr

Yes, Terry, it's time to file for TDIU but she should have filed previously. I recommend all my non-working claimants file for TDIU when they make their original claim. Good on her!!! pr

Sounds like VA delaying tactics to me. jmo pr

At best, you could receive a decision in 90 days or less, depending on how busy the RO is. Probably closer to 3-6 months, tho. Ptsd comes as 10%, 30%, 50%, 70% or 100%. They'll probably lowball ya at 30% or 50%, so if you can't work or feel you deserve more, you should appeal their decision. Sorry but they routinely try to blame PTSD on things that happen during our youth, thereby saving them money. Good luck! Thank you for your service and welcome home!!! pr

I agree John!!!!!!!!!!!! pr

Gridsmasher11 - I can see it's a waste of my time to assist you! You haven't provided the necessary answers . . . just what you "think." Sorry! pr

Chu Lai69 - both responses are correct but I think should be expanded on. To reduce/rescind TDIU requires an error on the VA's part, proof of fraud or that the claimant be successfully employed, for a complete year, prior to reduction. A claimant can work at the 100% level provided the 100% rating is not due to mental health conditions. Part of the 100% criteria is that the inability to work. There is the possibility of working provided you don't earn more than about $900 a month but is it worth losing over $2500 a month, from VA, to earn a few extra dollars! jmo pr

mobie - they've conceded the stressor, so now he needs the PTSD diagnosis, which is required. If he doesn't meet the required minimum criteria, for PTSD, he won't get the diagnosis. It could be that his doctor isn't specifying PTSD, in his medical records, or that they don't have his medical records in his c-file. Many times claimants assume since it's all the "VA" that their medical records are present, which is rarely true. I believe the Service Center still needs to request those records from the VAMC medical records dept. jmo pr

What I'm seeing is no actual diagnosis of PTSD or record of it. I believe you'll need to get an IMO, that gives you that diagnosis. Perhaps being seen by a Vet Center would help? It is also possible that your current therapists haven't made that entry in your records or that the records are not with your c-file and therefore not viewed by the adjudicator. You'll also note the following statement: "At your VA examination, the doctor reviewed your avaliable medical records." It doesn't sound to me like your complete medical records or c-file was present for the C&P exam/review. jmo pr

John - that's a good idea or you can have your atty request them. They can't withhold them, from him! pr

From what I understand AO presumption for IHD has been put on hold and Congress or someone is trying to rescind the presumption. I personally think it'll be a couple of yrs before any claims are processed and awarded, that is if it's not rescinded. pr

Because throughout the VA there is the assumption that the previous rating decision was correct. It is quite prevelent. For many yrs, prior to his death, we had attorney Alex Humphrey, from the DC area, here, that posted regularly and he had the same feeling about the reconsideration. You may be able to use it as a stalling process but I wouldn't put much hope in it. They generally just rubber stamp the previous decision. I've been here about 15 yrs or so and have never heard of a win thru reconsideration. Not to say there hasn't been any but . . . . . . I think someone here (maybe Wings) has one going or already has been denied again, thru a reconsideration. pr

If you want to file a reconsideration request you should do it now, altho I feel it is a waste of time!!! Or you can file w/the CAVC. Either way it'll "probably" be years before you get what you want. (jmo) The CAVC could rule in your favor but, I think, generally they remand. Once the claim is filed many attorneys will send you requests to represent you. The CAVC will waiver the filing fee, if you request it. Otherwise the only way I know to keep your EED is to claim a CUE, later, which can be hard to win. pr

On this new board format is there any way to correct the problem of the emoticon posting when you post the letter "bee?" I had to spell it out or it'll be a smiley faced. pr

Any letters, you get, should be in the form of an affidavit. This is merely a notarized statement that states that this is a true statement and that it is signed under the penalties of perjury. Evidentiary wise, affidavits carry more weight. jmo pr

I would say yes. pr

mobie16r - Sorry, I was just trying to get your attention. I never really thought you ever worked for the VA. I was just upset you left out 4.16(part B) which I've been constantly mentioning, for about 15 yrs, here. I rarely believe "most" VA employees. I'm fairly sure they are purposely instructed not to mention 4.16(part B) by the VA and are just following orders. I can generally sense whether what they say is truthful. Previously, we've had "LL" here and he was honest and gave "great insight," into the VA but many here would attack him personally because they didn't like what he said and he decided on an extended vacation. James Breckinridge(sp) is also great asset here but, unfortunately, from what I understand has taken some well deserved time off, for now. You may be right, that the VA rarely sends a case to the CO, in DC." I think what they do is when 4.16(part B) is brought up, is that they increase the disability(s) to meet the 4.16(a) requirements and then award TDIU but w/o the mention of 4.16(part B) they would never do it. It happened to me many yrs back and I almost failed to pursue TDIU, accepting their letter decribing 4.16(a) as truthful. A VA employee who retired, from my states RO, within the past 1-2 yrs awarded his friends Housebound, before leaving. I know one vet who's happy but shouldn't be receiving HB. Not for me to judge!!! jmo pr

hedgey - hang in there and never give up!!! Trying to SC, a secondary condition, due to an injury 25 yrs ago, is difficult but it certainly can be done. Someone will point you in the right direction, shortly. Sorry but my searching skills are severely lacking. I can never phrase it correctly and you know how computers are. pr

The Mississippi Scale just helps confirm you have PTSD and that you're not just a wannabee. It is additional evidence, of the severity, but minimal at best. You need more evidence you're unemployable and not just unemployed. jmo pr

Mike - you could try for a new SC disability. That would open that 2 yr insurance window, again, and since you're 100% P&T you should be able to get a waiver of the premium. Tinnitus is generally one we all get and it's fairly easy. Just a suggestion! And yes, on the question, as Pete stated. pr

If the disability(s) are severe enough it is possible for the VA to pay more. SMC R2 level for a vet, w/spouse and one child pays $7909 a month. pr