Philip Rogers

I agree w/navydoc2. It's now about quarters and disability onset date. At least you've heard something, which is unusual for SS. They're running a year on claims. jmo pr

Swwwweeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeet!!!!!! pr

Signal6 - don't wait to file!!!!! Every day you wait is lost money. You have a year to produce your evidence, so waiting makes no sense. As for EMDR, it's supposed to work like REM sleep. This is a simple example/explanation. During REM sleep the brain processes our daily events and files them for future use. Supposedly, the trauma from PTSD has never been filed, so it kinda floats around in there, appearing frequently, as nightmares, flashbacks, intrusive thoughts, etc. The EMDR causes your eyes move back & forth, like in REM sleep, while either talking about or viewing your or similar events, and hopefully helps you process those events, thereby subduing their effect. I hear it helps for some. The VA trained a bunch of counselors about 5 yrs back but have never pushed the therapy, to my knowledge. jmo pr

I believe one needs a diagnosis of PTSD, a verifiable stressor (depending on period of service) and a nexus, in order to file a claim, for "PTSD.". In the mean time you could file for a mental or nervous condition. jmo pr

Okay . . . I win!!! Just kidding about the "I win" part! We can agree to disagree. pr

Jeff - yes, if you can't get or maintain an erection, due to your SC meds, you can get an SMC "k" award. Whether your camera takes photos or not doesn't matter. pr

jerrbilly - I'm not going to respond, to this, any further, as you state generalizations that aren't backed by fact, such as: "I think it's common knowledge that if you put in a claim for IU and you're going to school full-time you will probably get denied IU." I've been involved w/the VA and claims for over 20 yrs and I've never heard that. I have heard all kinds of "rumors" tho! I believe full time school attendance requires about 12 credit hrs per semester, per each two semester year, meaning probably less 20 hrs a week. Certainly less than 40 hrs. jmo pr

You can certainly disagree but I'll go w/Alex. He also stated that you give him a claimant w/a GAF of 50 or lower and he could get them either 100% or TDIU. You can probably find it under this SSA link: http://www.ssa.gov/OP_Home/rulings/rulings.html pr

I don't know whether it's automatic, these days, but the VA generally takes your word for it. No movies, videos, photos, pole dancers, etc. Sorry! They do look at your lab reports and if for any reason they can find another reason for it they will deny. I had the exam and they blamed it on low testosterone. pr

I would say the since the CAVC reversed itself that one could quote this case. Besides, due process requires notification or at least the attempt, which includes mailing to the last known address of record. pr

The ability to successfully attend school does not equate to the ability to work 40 hrs a week. I believe the courts have ruled on this, tho I can't provide a specific link. This is from the late Alex Humphrey, an atty who posted regularly here. pr

I found all the musical performances lacking. Personally, I especially felt sorry for Daltrey & Townsend. I found their performance sad, at best. They should retire, if they haven't already. jmo pr

broncovet - I think that "deemed denied" issue has been resolved. This is from a link on Hadit's home page: In Ingram v. Nicholson, 21 Vet. App. 232 (2007) (Ingram II), the CAVC reconsidered its earlier decision in Ingram v. Nicholson, 20 Vet. App. 156 (2006) (Ingram I), in light of the Federal Circuit's decision in Deshotel v. Nicholson, 457 F.3d 1258 (Fed. Cir. 2006). Previously, in Ingram I, the CAVC had held that the Board erred by imposing a strict pleading requirement and by failing to take a sympathetic reading of the pro se claimant's filings. The CAVC held that a reasonably raised claim remains 'pending' until there is an explicit adjudication of the claim or an explicit adjudication of a subsequent claim for the same disability. In Deshotel v. Nicholson, 457 F.3d 1258 (Fed. Cir. 2006), however, the Federal Circuit had held that where the veteran files more than one claim with the RO at the same time, and the RO's decision acts (favorably or unfavorably) on one of the claims but fails to specifically address the other claim, the second claim is deemed denied, and the appeal period begins to run. The Federal Circuit rejected the theory that an implied claim remains pending and unadjudicated. Upon reconsideration sought by the Secretary in Ingram II, the CAVC rejected the Secretary's argument that Deshotel controlled and found that, if strictly applied, the general holding in Deshotel would produce nonsensical results. The CAVC reasoned that if a claim could be denied sub silentio by failing to be addressed by VA when deciding other contemporaneous claims, the veteran would have no reason to know that the claim had been decided. As such, the CAVC interpreted Deshotel to mean that an RO decision may only constitute an adjudication of a claim where the RO decision addresses the claim 'in a manner sufficient for a claimant to deduce that the claim was adjudicated. Consequently, the CAVC held that a reasonably raised claim remains pending 'until there is either recognition of the substance of the claim in an RO decision from which a claimant could deduce that the claim was adjudicated or an explicit adjudication of a subsequent 'claim' for the same disability. pr

Being indicted doesn't necessarily equate to guilt. As OJ Simpson can attest to! pr

broncovet - I was referring to Vync's claim statement. pr

broncovet - I think I'll disagree here, in that, I don't believe the VA is required to give "reasons and bases" for additional conditions, found not related to the actual claim. They merely have to decide whether they consider them to be SC or NSC. That gives the claimant a diagnosis and opportunity to pursue those other conditions, as SC, if he/she so chooses. jmo pr

Vync - the VA is required to make a decision on any other conditions found while processing your claim. They generally, routinely, decide they are NSC and if you fail to NOD them, within the one yr required, I believe, you need new and material evidence to reopen those NSC issues. pr

Joe01 - sorry and no offense meant but reading your post it sure sounds, "to me," like you're telling him stuff just to increase your claim. Almost like a carefully laid out retirement plan! He need not put everything you "say" in his notes but can put in what he sees when you present. jmo pr

That's great for them!!! I wonder how many of us should have gotten the same deal . . . 45 yrs ago, dumb me, enlisted! pr

Yup, made right here in VT. I pass the place on my way to & from group, every wk. Great stuff!!! pr

Part of the rating criteria for PTSD, at the 100% rate, is the inability to work. I seriously doubt you can get rated 100% for PTSD while working. pr

evandc - until medicare is repaid the VA can do nothing. VA is never second payor. Contact the hospital administrator and explain. The hospital was required to bill VA but chose to bill medicare cuz they pay quicker and easier. You can also dispute the medicare payment to the hospital, w/the medicare office. They would rather VA pay also! It'll take time but can be done. The hospital administrator is probably the fastest and easiest. pr

The hospital should have billed the VA. Once the hospital billed Medicare and accepted payment, it relieved the VA of it's responsibility. The hospital needs to return the medicare payment and then pursue the VA. I believe nothing will happen until that's done. jmo pr

FYI - Psychiatrists are MD's before they go on to psychiatry. Generally, VA mental health drugs are prescribed by psychiatrists, who follow generally the patient w/appointments every 3-6 months. pr