Philip Rogers

mobie16r - I was and I was w/them from 7/1/65-9/18/67. I was in II Corps, An Khe, Bong Son, Pleiku, Plei Me, LZ English, to name a few. pr quote name='mobie16r' date='Dec 16 2009, 02:46 PM' post='180944'] Hello Brother Gate and Welcome Home.Was you a Infantryman with the 1st air cavalry, where was you located in Vietnam and the time frame? mobie

The answer is still no. You posted this question on 12/8/09: http://www.hadit.com/forums/index.php?showtopic=33116 Your best way to secure proof is to request after action reports and daily journals, for your unit, for your period of service, in VN. They are located at the National Archives in College Park, MD. It'll cost a little but the reward will be well worth it. pr

robert51 - they said I could fold laundry, too!!! What a joke! You're right, the claimant must be able to work 40 hrs a week, which is often forgotten during the claims process. AH - be sure to get an atty that specializes in SSDI law. Don't make the mistake, I made, years back, and just use a local atty who doesn't specialize in SSDI law. It cost me 30 months of benefits and 6 more yrs to win my claim. pr

halos2 - why would anyone send to St Louis for a c-file copy??? C-files are kept at the RO. pr

They could but I seriously doubt they would. On re-exams they generally go with whatever the previous examiner said. As for PTSD, it doesn't go away. It may be more managable, in your daily life, but you'll never be cured. jmo pr

The VA cannot take into consideration any NSC disabilities unless the claimant is applying for NSC pension. They generally will always request they be separated so as to determine whether the SC condition(s) are the cause the of the TDIU. If they did consider the NSC disabilities, I'd worry about the VA calling a CUE on themselves and facing a probable reduction, at some future date. pr

I would just write a letter, and send it certified, return receipt requested, keeping a copy for my records. To the best of my knowledge, there is no C&P form that a claimant fills out. They may call you in for an exam but that'll be their choice. pr

Generally they will pick up on any NSC issues to avoid paying and I would plan on that. You'll probably need to counter, their denial, w/evidence that your SC disability causes you TDIU, in and of itself. They always look for a way not to pay and other NSC disabilities are a perfect way to avoid payment. Then they hope you give up. pr

I believe both Housebound(HB) & A&A are paid at the "s"rate, which is currently $320 a month. I believe neither of those require that a claimant be rated an additional 60%, but are an inferred issue w/a 100% schedular rating and, more recently, could be w/a TDIU rating. If a claimant feels he or she meets the criteria, for the SMC "s" rating, one merely needs to send a letter requesting an increase for SMC. If the issue of Housebound and/or A&A was not discussed, in the awarding of a 100% schedular rating, I would write the VA, a letter, advising them that I meet the criteria and request that since that issue remains open I be awarded SMC retroactive to my original 100% award date. Be prepared prove your claim. Additionally, a claimant need not meet "all" the criteria, and whether a claimant's disability "kept them from going to work" is an additional criteria for HB, which could allow for the award. pr

halos2 - VA only reviews SSDI if "you" request it. pr

Just a warning but Binder and Binder only take the easiest cases, which is why they have a good record. My sister tried them and they turned her down. She got another lawyer, specializing in SSDI law and won 31 months retro, last year, even tho she hadn't worked since 9/11. Try www.nosscr.org for an atty near you. Their explaination for denying you is standard fare. Something like 70% are denied twice and need to go to the ALJ route. pr

There was a lawsuit which, in Vermont, requires them to pay within 80 days of the decision. Don't know if it covers other states. Payment can take up to 3-5 months. They may or may not start regular checks before sending any retro. I know some money is withheld, if an atty was involved, to make sure theirs is paid and they generally get paid first. pr pr

When you file for TDIU be sure to request an extra-schedular rating or consideration. pr

Sounds good to me! I'd give you TDIU but then I don't work for the VA. pr

Yes, you can. When in doubt, file. pr

You need to be disabled for five months before you are eligible for SSDI payments. And since SSDI pays after the disability period, in monthly intervals, no payment is received until the 6th month. Also, SSDI is not always paid from the date of application but from the date the claimant is found disabled and covered by SSDI, w/credits. pr

Mental disorders, including PTSD, are rated 10%, 30%, 50%, 70% or 100%. There is no 60%, unless another disability is added to the rating. pr

No, Carla, I was soooo happy to see it go. It's a way overrated motorcycle. I hated the damn thing and actually did a little happy dance when the shipping company picked it up. One of the biggest wastes of money I ever spent, besides my Jeep. pr

Would you please post word for word what they stated in the "reasons and bases" section of the decision. Were you medically retired from the military? Sounds like you have all you need and they're just screwing up your claim. Thanks. pr

No, it would not. The 1st Cav awarded a lot of types of "feel good" certificates. We made a jump for pay in late '65, with an ARVN jumpmaster, and were awarded Vietnamese Basic Jump Wings. Unfortunately, no orders were ever added to our 201 files, so in essence we never received an actual award, at least from the Army, however non-USA awards don't generally show up in Army records. Sorry! pr

Contact the USMC and request a CAR be issued, to you. They will search your records and if you meet the criteria, issue you a CAR. pr

Yes. pr

For the millionth time, NO COLAS, this yr, and maybe next. About a month ago, I got my cola by trading in my '08 Jeep, on a '05 Silverado, half ton, crewcab, 4X4. I got rid of a $598 monthly payment and now have a completely paid for pickup. Sold my '07 Harley Ultra classic, which I hated, also. Another $327 monthly payment gone. I also got almost $2k in cash from the dealer, plus about $1400 in extended warranty refunds. I'm a happy camper! No payments!!!!!!!!!!!!!!!!!! pr

Wow, that sucks! They raised our retirement age to 66yo. I've been working on the assumption mine was still 65yo and I was born in '45. I wonder when they did that. Thanks for responding. pr

I don't know of any reg, although there could be one, now. The court ruled, some yrs back, that A&A and HB are an inferred issue, when a claimant is rated 100% for a single disability. This required the VA to decide, at the time of the 100% decision, the A&A/HB issue, in all decisions of a 100% schedular award, for a single disability. The VA failed, to do so, in many claims and that "inferred claim" remains open, with the original claim date as the date of claim. In some cases, if awarded, it could mean a substantial award. I know one vet I've been helping could get 20 yrs retro, if he wins. pr