Philip Rogers

What it really means is they hope you die first and then they don't have to pay!!! The court can't even get them to do "expeditious" work. Sorry!!! jmo pr

The first $10k premium is waived but the second $10k you pay for. pr

I'd guess within 30 days, depending on how busy your RO is. jmo pr

Hedgey - so what is he now rated now for a total?? I'd request a copy of his complete c-file. I'd file a CUE on the original rating 25 yrs ago. jmo pr

Hi Berta - yes and no. I was originally awarded P&T, due to TDIU, in '97, and they awarded her ChampVA & Chap 35, w/no award for children. In '99 I was awarded 100%, schedular, for PTSD, retro to '89. My son received Chap 35 in the early '00's. My daughter applied in '02, at which time she was 32yo and was denied. We've been appealing that and last yr a DRO suggested I file a CUE on my claim, which I won, allowing my daughter new Chap 35 bennies but they are fighting the eligibility dates, because they say she originally filed her claim for benefits in '02. I feel the CUE makes all other claims a moot issue and therefore she is entitled to any date she wants. They disagree. As to my ex, she was awarded ChampVA and Chap35 in '97, the date of my original P&T award. I feel the CUE voids all other decisions but they haven't awarded her Chap 35, in the CUE decision. I am going to CUE that decision. She had attended community college, in the early '90's, at our expense. We divorced in '00 and she eventually married another vet and received Chap 35 thru him, for her BA. She's now separated and should be entitled to about $9k, for reimbursement of the early '90's community college attendance. I guess I need to file that CUE, now. She and I are good friends, w/o benefits. ;-) pr

Thanks, Berta, I'm sure it'll help!!!! Carlie referred me to PREC 8-2004, which should help also. It's just such BS that we have to go thru this!!! I'm gonna help my ex, cuz they shoulda awarded her Chap 35, retro, and didn't and she should be able to recover about $9k in retro, for when she attended community college. It's not nice to mess (f***) w/me!!! I've cost them many dollars, in claims, by assisting others, just for screwing w/me!!!!! jmo pr

If he filed, for an increase, in July, and was awarded that date the increase will include aug, sep, oct, nov, dec, jan and feb or 7 months. March won't be paid yet. Glad for you!! pr

retiredat44 - I think Berta can best answer this. If you file an 1151 claim and win it'll be SC. Or you can file a federal tort claim, of which I cannot at the moment think of the actual name for it. Brain cramp. I believe you have 2 yrs from the date you knew of the error/injury. pr

What is this post about?? The vet may not have enough current quarters but if he/she uses their last day worked, as the disability onset date, they may qualify. pr

Michellee - if it's been a year since the decision then you can claim a CUE. If not, you can file a NOD claiming a "grave error." Pete has given you a good outline. When you point out their errors be sure to use a highlighting pen or boldfaced underlining and keep it brief and to the point. Don't make comments about their stupidity or anything like that. pr

Josephine - I recommend she get an attorney. It's standard fare for them to deny someone that young. She'll probably need to get to the ALJ level to win and an attorney specializing in SSDI law can do it for her. I recommend finding a local attorney thru the national organization of social security claimants representitives http://www.nosscr.org or she can use one of those nationally advertised lawyers/services. I had a great experience w/the atty nosscr.org referred me to. jmo If she became disabled before 22yrs and 5 months she'll collect against her father's account. After 22yrs and five months she'll collect against her account but will need the required quarters. pr

That's what I plan to do, Pete. I'm 99.9999999999% sure we'll win. Just wish they wouldn't fight us vets every step of the way!! pr

Lately, the VA has been writing that you are considered permanent and total(P&T), however, they may just state no future exams, or Chapter 35 benefits or ChampVA benefits are awarded for your spouse and dependents. They are required to send enclosures about those benefits, if P&T is awarded. pr

Last yr I filed a CUE claim, on my '97 award of P&T. They corrected it to '89 making my daughter eligible for Chap 35. Now they are saying since she didn't apply for Chap 35 until '02 they can't pay prior to 1 yr prior to '02. They lie!!!!!!!!!!!!!!!! CUE voids all previous claims/actions. Here we go again!!!!!!!!!!!!! Grrrrrrrrrrrrrrrrrr!!!! Always appeal!!! pr

In my case they issued another decision and check within about 30 days. pr

vperl - they've been screwin' us all along. Sad but not much we can do about it, this late in the game. Statiscally there are only about a third of us left, so it doesn't matter much to anyone. Just try to enjoy what time we have left!!! Life's gettin' short! jmo pr

I can't answer w/o more facts. If your case was at the CAVC then there would be documentation as to whether EAJA monies were awarded and you could access them online at the CAVC site. I believe unless they filed an agreement w/the CAVC and/or the VA they can't collect anything. It must be approved ahead of time. You may want to check w/your state bar association. They can't garnish anything w/o a court order. Be sure you make all court appearances so they can't win on default. pr

carla - my interpretation is they will still weigh it the way they usually do. However, I feel the judge pointed out that it could be appealed due to failure in the regularity issue. They are actually violating their rules. I believe that in the case posted it made no difference in the outcome because of the spinal bifida issue. jmo pr

Someone just recently posted something on unsigned reports. I think it was deltaj but not sure. pr

Just DIC, and if lucky, SS. Why should they get it all??? jmo pr

George2002 - I was gonna answer but your attitude pissed me off. Sorry!!! You might try not attacking those you ask for help. I don't know why MikeR asked the question but . . . jmo pr

j - Sorry, I'm going to disagree here. The only ways the VA can take away TDIU is if there was an error in awarding it or they find the claimant working and the claimant has a proven record of employment of one year. pr

I'd file the claim as I believe the VA processes MST PTSD claims differently than combat claims. There are a few others here who have won their claims for MST and hopefully they'll jump in and offer their help. pr

TANKERJOE0 - I believe Pete53 mispoke. If you are 62yo you can take early retirement and continue to work, but if you earn over a certain amount you begin to lose $1 in SS for every $2 you earn. Also if you are found to be disabled you can earn about $950 a month and still receive SSDI. pr

NG units "will" do cards, if they have the equipment. pr