Philip Rogers

Van - that's my take on it too. You need not have specified a disease, just requested blanket compensation for the effects of AO. jmo pr

New and material evidence will reopen your claim but it will probably be a fight for any retro. pr

Okay . . . you lose. I was just giving you my opinion and how I'd approach it. pr

Looks like that is correct but, "I feel," with two exceptions. One would be if the vet ever filed a blanket claim, for AO, years earlier and the other would be if the IHD was diagnosed earlier. I feel the case can be won but obviously the VA wouldn't publicize it, as it would cost too much. I think Nehmer would cover that but bow to Berta's expertise on the subject of Nehmer. jmo pr

Thanks, Commander Bob!! Here's the info from the 6260 code that Commander Bob posted. I guess it is rated under the ear, after all. 6260 Tinnitus, recurrent 10% Note (1): A separate evaluation for tinnitus may be combined with an evaluation under diagnostic codes 6100, 6200, 6204, or other diagnostic code, except when tinnitus supports an evaluation under one of those diagnostic codes. Note (2): Assign only a single evaluation for recurrent tinnitus, whether the sound is perceived in one ear, both ears, or in the head. Note (3): Do not evaluate objective tinnitus (in which the sound is audible to other people and has a definable cause that may or may not be pathologic) under this diagnostic code, but evaluate it as part of any underlying condition causing it. So, the original award should have been 10%, which should get you 10% retro many yrs. jmo pr

The codes are carried on what used to be the blue sheet, usually at the end of the decision. I don't believe they send those out, w/the decision, these days. I'm thinking tinnitus is a neurological disease/injury but I'm not sure, since the noise is in your head, not the ears??? Most tinnitus is caused by acoustic trauma but there are other causes. A/1/8 was in our brigade. Were you at LZ English, on 6/5/67, when they hit the ammo dump & POL point?? I've never been to fireworks since. That's the night I really thought I was gonna die. Sometimes it seems like yesterday. pr

I'm thinking probably an "organ," creative or otherwise, or piano. lol jmo pr

hulamatt - sorry but I guess we'll have to agree to disagree. The DoD may want to make an example of him, to stem future AWOLs, but I feel he could definitely win. Remember, now that they've classified PTSD, as a psychiatric condition, it will separate it from just plain old cowardice. Thank you for your opinion! jmo pr

JustPLS - could you, or someone, post for me the rating code number(or whatever they're called) for tinnitus, so I can do some quick research? I'm fairly sure you can go back to '74. BTW, I was an 11B4P, w/HHC, 1st Bde (Abn), 1st Cav, from 7/1/65 - 9/17/67, having arrived in 9/65, w/the original division deployment. I left An Khe on 9/17/67. pr

You may want to contact one of the Mesothelioma/Asbestos attorneys about filing asbestos related lawsuits. There's are many defendant companies out there, with much to be won and they shouldn't affect/effect your VA claim. jmo pr

vperl - please understand, this was not meant as a personal attack, on you, but just two minor corrections. I am not perfect either and appreciate when I am corrected, as I only wish for correct info to be posted. As for the 50 GAF producing a 70% rating, I'm fairly certain some can be found in researching BVA decisions. I know at one time, in my appeal, I was rated 70%, w/a GAF of 50, so it can be done. I'm sorry you haven't seen one. Again, this wasn't personal and I certainly appreciate your posts, as I'm sure many of us do!! pr

vperl - can't be 80%, as PTSD is only rated 10%, 30%, 50%, 70% OR 100%. Also the "examiner" doesn't do the rating but you're correct otherwise. pr

vperl - can't be 80%, as PTSD is only rated 10%, 30%, 50%, 70% OR 100%. Also the "examiner" doesn't do the rating but you're correct otherwise. pr

Probably yes. But what was she denied for, social security disability income/insurance(SSDI) or supplimental security income (SSI), a welfare like program??? It sounds like she may have been denied SSDI due to lack of quarters/credits or denied SSI due to too much income. Either way, if she's 50 or older she should be eligible for survivors benefits, provided she meets the other requirements. I believe survivor benefits require that they be married at least a year, prior to death, to prevent fraud. pr

In addition, to a claim for increase, he should file a CUE claim, stating he should have been awarded 10%, originally, for his tinnitis. As to the hearing aid issue he should contact his PCP to get them. Hearing loss is hard to get as their requirements for compensation are fairly profound. He should be able to get 10%, retro, to the date of his original claim, under the CUE. Tell him he'll own me a dinner, or at least a Starbucks, when he gets that nice($$$$$$$$$$$$) retro check for 40 yrs, plus or minus. pr

I think you can use the form 180 also. I think you should check w/the NPRC, in St Louis, also. You can get duplicate awards, awarded, there, too. jmo pr

terry - you know the military lies!!! No surprise there. Anything said must be in writing. I seriously believe given that he has PTSD he could get medically retired w/50% rating. His mom should contact an atty, probably one that advertises in Stars & Stripes or something. jmo pr

Not sure if it's the month of his death or the month after but yes. You can collect at age 50, if you are disabled, or at age 60, w/o disability. pr

If, in a firefight, you were in fear for your life it would qualify as a stressor. Also, what may be a stressor for one may not for another. As to your perimeter description, wouldn't it depend on the size of the perimeter?? Let's say a division size base camp perimeter compared to a platoon sized perimeter?? To quote LJ "just sayin" pr

Terry - he needs to deny the BCD and get a good civilian atty specializing in military law. Using a military atty is like using the DAV, AL or VFW for your VA claim. They're not working for him. He should be able to get a retiree medical discharge, due to PTSD, w/a 50% rating. jmo pr

hedgey - just so you know, your DH could easily connect PTSD to his burns, in the service, as that would probably a presumptive incident. He just needs the PTSD diagnosis. pr

Numerous studies have pointed to PTSD having a direct relationship to increased BP but the VA has continued not to accept those studies. The VA is just waiting for more of us to die off, before they approve it. Imagine how many claims there will be when approved! Generally, you'll need an IMO to win the connection. You can win, tho. jmo pr

Okay, but I wouldn't call it "statutory housebound," but would called it total plus 60%. You can have the 100+60 and not be housebound so, "to me," it just confuses the issue. jmo pr

Sorry, but I doubt you'll get housebound because part of the requirement is that it be, more or less, permanent. jmo pr

carlie - I forgave everyone, long ago! The only one it hurts is yourself. One of these days, before I go to the great beyond, we'll do lunch. ;-) pr