Philip Rogers

The payment will remain the same, as you are getting on SSDI, but will come from the retirement acct, instead of the disability acct. pr

So, Pete, are you 65 or 66, now. pr

Housebound only requires that the claimant be "substantionally" restricted to the home or the direct property, surrounding the home, not necessarily beddridden, although that's the way it's written. This can be due to mental disorders or physical disorders. Many persons w/PTSD restrict themselves to their homes. The court, within the past yr or two, ruled that if a person's PTSD kept them from going to work they would qualify for HB. pr

Hi "F," When your husband was awarded 100%, solely due to PTSD, the VA had the duty to decide if he qualified for A&A or Housebound(HB), "as an inferred issue." That failure, to do so, means that claim for A&A/HB remains open and can go back to the original claim/award date. You should pursue that claim vigorously. It's roughly $300 additional a month. pr

Is your husband rated 100% strictly for PTSD?? If so, did they decide or discuss eligibility for A&A/housebound in their original award letter??? As for the diabetes, submit copies of his prescriptions and the original diagnosis. They were right to deny the diabetes w/o a recorded diagnosis. Never assume the VA has all the VA records from their medical centers. pr

I agree w/deltaj, with the exception of using the DAV but that's another subject. It is possible that a CUE was made back in '69. The VA often made errors back then. We need more info. As for your "1999 appeal," that doesn't compute, as you had one yr to appeal from the '1969 decision award date. Need more info. Please explain. Also your award was in 2009. Why 10 yrs later? Was it a CUE you filed in '99? pr

If the VA diagnosed you they may. pr

Good case. This happens frequently. The VA sends the claimant a letter requesting any additional evidence, stating if not received within 60 days they will make a decision, based on the evidence of record, even tho the claimant has one yr to submit the evidence. Each time additional evidence is received, after the decision, the VA should make a subsequent decision, which they usually fail to do. This is why it's important to review the evidence listed, in any decision, just to confirm all the evidence was utilized. I'd love to review old denied claims for 2% of what I could recover!!! pr

Personally, I believe it ID's the fact that some have multiple or many SC conditions. I'm 100% schedular for PTSD and have two others rated 10% & 20% but see no need to post them. I think it's a personal preference. jmo pr

hey carla, as soon as I read the title and who wrote it I knew what it was! And yes, I agree. pr

Sorry to hear it but PTSD does take it's toll. That "till death do us part" is BS, these days, anyway. Don't give up, tho. Ya never never know what life will bring. pr

In the past yr I've purchased 2 notebooks - both Acers. The larger was $350, at Walmart, and the small one, I use in the car, was $300, at Staples. They work good enough for me. They come basically stripped but I bought software as needed. Many times you get free software that you'll never use. I don't know about memory or speed but then all I do is email, surf the net sometimes, pay bills, banking and do general home office stuff. They are fast enough, for what I need and I'm a very impatient person. Unfortunately they are both Vista but I'm used to them now. I think I see an Apple or two in my future. Besides, at the prices I paid, I just buy new as needed. jmo pr

Sometimes they forget to do the claim. It can happen and it happens more frequently than one might expect. Remember many VA employees are lazy and obviously not rocket scientists or they'd be at NASA. ;-) jmo pr

You could also go back to '92 if you filed a claim back then that was never ruled on, since that claim remains open. pr

http://www.hadit.com/forums/index.php?act=...ost&id=2582

Personally, I don't see how you can file a tort. The VA ENT hasn't done anything wrong. He explained what he couldn't do and why. I'd say you should request another consultation. jmo pr

Yes, it is. Simply request an updated copy, of all of your c-file, since your previous request. I do this every year or two. The same for medical records. pr

Yup, just what I said/meant but Carla you did it better and much more thoroughly. Thanks for being so thorough!!! pr

I agree w/John, however, sometimes after the incident job performance begins to fail. I had a guy who witnessed a parachute failure, causing a death, and immediately after the incident his, otherwise, stellar job performance went down the tubes. Additionally he got into fights and started drinking heavily. Ended up being discharged. This happens after MST, also. Statements from friends and family can help, if you told them then or shortly after. I feel the VA's going to feel it's someone trying to get on the VA's gravy train, which is why they want witnesses. jmo pr

As I see it the '94 claim remains open. At present a VCAA letter must be sent to you and you must be given time to respond to that letter. They should go back to '94 with their award or denial. I see it as a win, since they awarded 60% in '01. They may try a stepped award, if the records show that but I doubt they'll be able to do that. As to the elbow, it's a non-issue as they accepted you, knowing about the previous injury. jmo pr

Thanks, Ricky, I forgot that part.

Berta & halos2 - when someone is hospitalized for 22 days or more they are awarded the 100% rating, for the period they are hospitalized, as w/ptsd programs. Also, back prior to 11/96, a person rated 70%, solely for PTSD, and unable to work was automatically raised to the 100% rate, thereby not needing 4.16a. I believe this changed on or about 11/8/96 and 4.16c was dropped. I believe the extra-schedular rating (4.16b), at least for PTSD, came about around then. Extra-schedular ratings are determined by the Central Office (CO), generally at the recommendation of the RO. Hope this helps. My claim was pending during the 11/96 change and therefore, whichever regulation, was more favorable to me, was used. pr

In '07 I sent a couple of free copies to a couple of guys that I served with and I believe at that time I received a 20% discount. They ended up costing me about $108 each, plus shipping. I posted my discount code, at that time, on Hadit but I don't know if anyone ever used it. This year I paid full price, even tho I'm a volunteer advocate. pr

I think we posted something similiar here about 15 yrs ago. An unadjudicated claim is an open claim. pr

You should file for SSDI using '94 as your disability onset date. At age 22 you don't need many credits and would have gotten them from your military service. If not, you may be eligible against your father's SS account. pr