Philip Rogers

Generally, the file stays at the previous RO, until you notify them of the address change. You can leave it at the old RO but you'll need to travel there for any future C&P's and you won't get mileage. Once you request the change the previous RO will transfer the file, not a copy, to the new RO. RO's sometimes create a temp file if your's is elsewhere, such as the BVA or such, but then that file is combined with the permanent file when it returns. pr

mobie16r - shame on you!!!!!! Why would you quote 4.16(a) but not part 4.16(B)??? Are you a VA employee???????????? Unbelievable!!!!!!!!!!!! Am I picking you . . . you bet your azz I am!!!! The VA does this all the time in an effort to avoid paying claims but for you to do this, I can't believe it!!!!!!!!!!!!! Here's part 4.16(B): (B) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran’s service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. [40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

Call the C&P scheduling office and ask what it's for. Then look at the exams posted here and you'll know what to expect. pr Call the C&P scheduling office and ask what it's for. Then look at the exams posted here and you'll know what to expect. pr

FYI, the VA calls it permanent & total. You would think you'd have to be total first and then permanent but that's the VA. Either way you say it, you are not really protected until you've received 100% for 20 yrs. They probably won't reduce it but I suggest continuing treatment for whatever your disability is, that way you have a paper trail. jmo pr

It must be good cuz I hate it!!! But then I've hated all the changes, you've made over the past 15 yrs or so. I really liked when they added windshield wipers and radios to autos, tho!! Guess I'm gettin' old. pr

I don't know about the call but it should go thru the VA switchboard, so someone should've answered. Beware of scammers!!! I'd be concerned about your 100% if it's for your prostate. They usually award a temporary 100%, until about 6 months after the surgery, and then reduce and rate on any residuals. Be prepared for a reduction, soon, if you're only rated for the prostate cancer. If they do reduce it and try to recover any overpayment, be sure to request a hearing within the specified time constraints or the reduction will take place and it'll be a fight to get it back, if you can. jmo pr

First off it's not a CUE. As stated, a CUE can only be on a finalized claim, meaning you can't CUE until one year after the decision, when the decision becomes final. Carlie is right, it should be a procedural error. As I see it, the VA should have awarded 100% convalescent pay effective 7/8/09 but the first payment wouldn't actually be received until 9/1/09, because the VA pays after the first full month is completed, meaning after August is done. Again, as I see it, a second 100% payment would be paid on 10/1/09 and a third 100% payment on 11/1/09. On 11/1/09 you reverted back to 20% but actual payment, at the 20% rate, doesn't start until 12/1/09. I would file a NOD stating there was a "grave procedural error" and explain as I have above. Anyone can correct me, if I'm wrong, as I'm not familiar with convalescence awards but am assuming they are the same as other awards. jmo pr

If this was an original award of 100% w/P&T and the claim was being processed continously, for that period, you may be able to recover for paid services. I would apply and appeal, appeal, appeal. jmo pr

Berta, true he lost the CUE but did win back to 11/09/1979, as the case was never adjudicated and remained open. It verifies another way a claimant could win an EED. pr

Joe01 - file for TDIU "now" and enclose your SSDI decision. You should, at the same time, file for an increase in both your PTSD and back ratings. Also, your VSO is an idiot. jmo pr

Carla - you didn't state whether they were under continuous prosecution. If they weren't and SC was just now granted I'd look for a CUE to get the EED. As for the TDIU, I would file another form in case. During my claim process I filed 4 times, just in case they found a way to deny a previous TDIU application. I think they will definitely order new C&P's. It wouldn't be prudent on their part not to. Then they may try a step award for each. jmo Vync - 1999 must have been a good year, as that's when I won mine, at the BVA!!! Only took 10 yrs. I respectfully disagree on the processing expeditiously, as I've never seen them honor that order. jmo pr

If you haven't filed for TDIU and you can't work due to your SC conditions, file now. pr

Carla - the effective date should be the date you initially filed the claim, if it's been under continous prosecution. If you haven't had C&P's, for the two new SC conditions, or they are old, the RO will order them. In the mean time, I would file for TDIU "now!!!!" pr

That's great news!!!!!! Have you filed for TDIU yet? If not you should!!! pr

That certainly makes a difference, as my previous response/post was for original claims. I'd need a clarification on those dates, you posted, to give an accurate answer. pr

Yes, you can but you will lose your earlier claim date and as Bergie stated you will need new evidence, not previously submitted. I suggest you file a NOD now and since appeals generally take some time, to process, send in additional evidence as you get it. jmo pr

Yup, "as likely as not" rules in your favor. pr

Wartime service is important, as it offers additional benefits. Why not just submit both DD 214's to the VA and let them correct their records? Just a thought! pr

I think they avoided the TDIU issue by awarding the temp 100%. You could file a new claim, for TDIU, since the temp 100% is currently in effect. A NOD doesn't make sense, to me, due to the temp 100% award. Also since they are rated based on work credit it was probably easier/quicker to award you temp 100%, than mess w/the TDIU issue. jmo pr

You'll need evidence of a higher impairment caused by your PTSD. As I understand it IHD is presumptive due to AO exposure, not due to PTSD. pr

Berta, I respectfully disagree. While the person may have intent, the actual act is not the product of a sound or sane mind. That being said I'm sure the VA will use any reason they can to get out of paying any claim. pr

Pete53 - wouldn't that be nice, if LL was back!!! He was a great asset to hadit. pr

The VA doesn't consider suicide "willful misconduct", due to the reason Pete53 stated. pr

vet201060 - $1154, plus any COLA's, a month for life or until they remarry. There is some additional if there are minor children. pr

vet201060 - it may be possible for the spouse to receive DIC, for themselves and their minor children. pr