Philip Rogers

Maybe if they were a general but then what general would need to be seen at a VAMC? jmo pr

As broncovet stated, you'll get nothing for June, if they use 6/13 as the award date. Payment starts accruing on 7/1 w/actual payment being 8/1 for the month of July, and so on. pr

You should keep the same attorney. At worst you may have to travel back to your old state for C&P exams or any kind of hearing(s). jmo pr

VA used to cover injections but I'm not sure if they still do. You should be able to check the VA's formulary, online. I used to but don't currently have the link. I believe the VA does do erectile implants, if you're interested. I don't know that I'd personally trust them for something like that, these days, tho. pr

If the claim was for an increase, they could use 12/1/2014, but, if not, then they should use the date the claim was filed (6/6/2014) as the award date. If they use 6/6/2014, there is no payment for 6/6 - 6/30, as payment begins accruing on 7/1/2014, with the actual payment for July being paid on 8/1/2014. If the claim was for an increase, you can appeal and probably win the 6/6/2014 date. They often shortchange the claimant on increase awards. As georgiapapa stated 12/1/2014 was also the beginning of the new COLA award. Also, don't forget any retro travel pay they could owe you. pr

Remands are to be handled "expeditiously." In reality, they receive no faster treatment than any other claim. A remand can take up to 1-2yrs or more. jmo pr

You are P&T but nothing is really permanent, until you reach the 20yr mark. Sounds like they gave you TDIU, however if your disabilities total 100%, using the combined ratings table, then you are 100% scheduler and you can work, w/o losing your VA rating. pr

You can work, provided your 100% rating isn't rated solely on a mental health issue, such as PTSD. pr

If you were seen by anyone other than your company medic/corpsman, then your medical records probably aren't there. Military hospital records are generally not included in your service records. Use the link USMC_HVEQ provided, to locate yours. pr

I found this on the web today: Every year you wait to claim social security benefits until age 70 you will boost your annual payouts by 8%. Waiting until you're 70 will give you 32% more in benefits than if you took them at age 66 and you can receive 76% more than taking them at age 62. If you can afford to delay benefits until age 70 and if you live past age 82, you will receive more in lifetime income from Social Security than if you had waited until full retirement age. Of course, you could die before then. jmo pr

Yes, you can file a claim for those scars. You may have to appeal, their denial, a few times but you can win. Another idea might be to accept those scars, for what they were, a very poor decision, in a moment of temporary weakness. In 1971, about 3yrs after discharge, I attempted suicide by crashing a 350cc Honda motorcycle into a full-sized parked Ford wagon, at a very high rate of speed. The force of the impact moved the wagon, sideways, over 12." Fortunately, I survived!!! I have many scars and I've accepted them. They remind me not to do something so stupid, again!!! As for the scars, they may be quite expensive to repair, w/plastic surgery, as it would be elective surgery and most insurance companies won't pay for elective surgery. You could always wear some type of elastic wristbands, to conceal them, until you accept them and yourself for what happened. I think talking to a counselor would certainly help! jmo pr

mc - you're probably talking about a 7%-10% increase, which, if you live another 10yrs-15yrs starts to add up. I'd pursue it! Also, if your income was less than about $10k - $12k, those last yrs working, they could consider you for an earlier disability onset date. jmo pr

atomicwidow - yes, the widow is allowed one free copy of the veteran's c-file and medical records. pr

Okay, here we go: SSDI pays the full rate that you would have received at the full retirement age. Taking retirement, prior to full retirement age, can reduce the amount you'll receive by up to about 30% max, depending on how close to full retirement age the claimant is. You can take and receive early retirement and apply for SSDI. If awarded SSDI, your rate will go up to the full rate. It is imperative that when you file for SSDI, you use the day after your last day of work as your "disability onset date," when applying. pr

Buck52 - Yup, I'm still alive! Never did see the world on a Harley. These days I rarely leave my house, except for my Vets group. pr (aka: Flip H)

Any back pay will be offset by any pension amount they have paid to you. If the back pay is more than the $45k you owe, you will receive the difference between the back pay and what you owe. If you win at the hearing, they pay it back to you. You are wise to fight the pension issue. If you receive any HUD, Section 8 or food stamp funding, that is usually not recovered. If you aren't receiving SSDI, I would file for it, tomorrow. Most back issues require that you be able to lie down frequently, throughout the day, and most employers won't put up with that. Then add the PTSD and you are disabled. jmo pr

To start with, it's a substantial raise in what they pay you. You probably should've been awarded 100% but the VA always lowballs claimants. I personally would file a Notice of Disagreement(NOD), with the 70% award, request a TDIU award and the P&T award. As for your legal troubles, they are probably related to the PTSD. I'd also file claims for the SA, secondary to your SC PTSD. It's best to have statements from your doctors that you can't work. The multiple hospital stays should help. jmo Be sure to file for SSDI, if you haven't already. pr

First off, if you are TDIU you are not 100%. You're 90%, and TDIU, allowing you to be paid at the 100% rate. That being said, if the 4140 is the income verification form, the VA discontinued requiring that form a year or three ago, so I don't understand why they sent you that form?? I would be truthful, if filling it out, tho. If they ever catch you in a "lie" you could lose every VA benefit, as it would be considered fraud. jmo pr

Cute, Buck!!! I am divorced and quite happy w/it! I'm looking for a Vietnamese wife who I can leave my DIC & ChampVA to. Best wishes to you and your wife!!! pr

GP - I certainly understand your feelings. I was also against retirees receiving both retirement and VA disability Comp. Once they changed the law allowing it, I was fine w/it. I'd like to see the caregiver program expanded, to all veterans, as it should have been. It's just the VA pitting one group of vets against another. jmo pr

I just checked the 12/1/2014 rates (http://benefits.va.gov/Compensation/current_rates_dic.asp) and DIC is now $1254.19, with $266.32, for that 8yrs prior to death thing, for a grand total of $1520.51,monthly. Buck - even if they were divorced she may still qualify, especially if she lived w/him in the end. Personally, I don't think the VA should pay more to the spouse. The veteran served, not the spouse and in many cases the spouses didn't marry the veteran until after the vet served. If they wanted to provide more for their spouse they should've purchased more life insurance. jmo pr

Burial benefit(s), DIC about $1250, monthly, plus there's another $250 or so, monthly, if he was rated $100 P&T for the, I believe, 8yrs, prior to his death and she was married to him those 8yrs, ChampVA will continue, Chap 35 usually gets awarded again, for the spouse, plus any state benefits her state allows widows. She won't get anywhere near what he was getting. She might qualify for A&A, depending on her conditions. I'm sure others will add or correct anything I've stated. pr

Good post, Tbird!! I noticed they state that a claimant "can work" provided it's considered marginal employment. I'd be cautious w/that. I suppose you could work part-time at a fast food place or WallyWorld, until you went off the deep end, like Michael Douglas in "Falling Down!" jmo pr

He needs to be within 2yrs of an initial disability award, to get the insurance. It needs to be a new award, not an award for an increase, in an already existing award/disability. Tinnitus is a good one to pursue. Also, it sounds like he's not that familiar with the VA system and may not know about receiving an SMC "s" award, which is $346.84, monthly, for a married vet w/spouse and $243.61, monthly, for a single vet. There's also the SMC "k" award. Many vets think once you get TDIU or a 100% rating, that, that's all you can get. In fact, many VSO's tell vets that, but "we" know different! Depending on how severe the disability is, a claimant can receive up to $8k+/- monthly, but that's only w/the severest of disabilities. pr

diver - with regard to the 100% rating, if the disabilities are due to physical injuries/conditions, then the claimant can work, however if the claimant is rated 100%, solely due to mental conditions, such as PTSD, then the claimant shouldn't work, as one of the conditions of a 100% rating is the inability to work. jmo pr