Philip Rogers

If the evidence is clearly there, I'd say it can take anywhere from 6 wks to 2yrs. They don't give it any priorty, that I'm aware of. Sorry! pr

Nice! You can stay at truck stops, without being bothered, as you'll fit right in. That overhead space will make a great bed loft, too. Too bad there's not a walk thru between the box and the cab. Congrats on the win!!! Enjoy your time on the road!!! pr

That meant your evidence was more than 50% positive, so there was no need to invoke the benefit of the doubt. It doesn't mean that your evidence was "overwhelming," but it was enough to rule in your favor. pr

I believe the benefit of doubt is only given given when the evidence is relatively equipose or equal. Understand that we are working with a very flawed system. Everything can be there and they still deny . . . and get away with it. I know it's very frustrating. It took me 10yrs, even tho all the evidence and all my doctors stated I was unemployable. It is what it is and we just have to keep plugging along, doing our best. pr

Prior to doing anything I'd talk w/your counselor about it. I'd also put in for an increase in your VA comp stating the problems you are having are a direct result of your current disabilities. jmo pr

Thanks, Carla!!! That's it. pr

Sounds to me like a new technique the VA is using to deny a tinnitus claim. jmo pr

My feeling is that it related to new claims, by current war claimants, and I need to clarify. Thanks!! pr

Today, a friend that I suggested apply for SSDI, after already being awarded SS early retirement, at age 62, advised me that he had finally received his retro check, for his SSDI. They sent him a little over $11k. So now we know a claimant can be awarded SSDI after retirement. It increased his monthly amount about $350. Sweet!!!!!!!!!!! pr

I have given a few away and sold a couple. In 2007 I gifted 2 new copies to a couple of vets that were having trouble w/their claims. You can also donate them to your local library. jmo pr

foleyj - first of all, I appoligize!!! It's just that I see so many that want to work and collect SSDI and/or VA Comp, at the same time. I shouldn't have taken it out on you. If the VA determines you are TDIU, you can't work. If a claimant has the totals (which I haven't checked w/the VA math) and gets 100% that way, they could work but you can probably count on the VA trying to reduce them somewhere down the line, unless they are below poverty line. We had an amputee, in my group, that could work but to me that's different. Ever notice that if people can't see your disability they don't consider you disabled? jmo Again, I apologize!!! pr

If you can work, then you're probably not disabled, so go to work. It always gets me that people get disability and then want to work. They usually apply for disability cuz they can't work and then when they get it, they want to be allowed to work, too, and keep their disability. jmo pr

First, are you sure it's pension??? What's the amount? Any dependents? To receive SSDI he would need to use a "date of disability onset" that was during a period when he had enough quarters qualification. If he is getting pension for depression it may be possible to service connect it but it will probably be an up hill battle. He should request a complete copy of his c-file so he's sure of what evidence is in there. pr

Vync: If you are 0% you are already SC for DDD. Now you need to compare your current condition to the ratings chart to find out what you should be awarded and then secure the necessary evidence and present it to the VA. jmo pr

Don't you think we get enough??? I live quite comfortably and I only get just over $3500 a month. Of course my wants and needs are small. I really get tired of hearing how much more we should get. We'll never get "what we deserve" for what we've lost but most that are getting both SSDI & VA Comp should be very comfortable. If not, "I feel" you are living well beyond your means. Time to down-size. As for the actice duty military, I feel, they should each get 3 times what they are paid, if not more. Sorry if I've pissed everyone off, now, but I get tired of the whining. Imagine what it would be like w/o VA comp!!!! jmo pr

You're welcome!!!! pr

Good on you, Terry!!!!!!!!!!!! pr

deltaj - I'm sure it's still all over the web but here's the 1st link I found: http://www.warms.vba.va.gov/bookc.html pr

I sorta doubt it, unless you recently received your s/c for PTSD. You can always apply. pr

That's one of the things that ticks me off. VA employees get actual miles traveled at around 50 cents a mile and we get short changed. I travel 106 miles, round trip, weekly and only get paid for 92 miles. Just another way they screw the vet!!!! pr

If you are traveling for service-connected VA PTSD treatment you should get mileage. I attend a vets weekly PTSD group, held in a county bldg, by the VA and the first thing the counselor does is give us our mileage sheets. I mail it the same day and generally within a month receive my travel check. I've never heard any amount limit. pr

Yes, you can get retro travel pay after you are awarded s/c. I don't know if there is a deadline for this but now that you mention it I think I'll request mine. pr

bigoc - I'm rated 100% schedular for PTSD. It took me from 1989-1999 to attain the 100%, P&T, but I won retro, for both, to the date I filed my original claim. Not much I can tell you. Sounds like you want to be able to work and get the 100%? pr

You could certainly argue the no C&P thing and since he had a Vet Ctr diagnosis, I think you could win. Back in the '80s things were different, tho. jmo pr quote name='akwidow' date='Oct 6 2009, 09:07 PM' post='169613'] So I read along, and read along, watchng and reading, about those of you who have C&P exams, and about how when you file a claim for disability benefits, the VA makes you an appointment for a C&P to examine you and your symptoms. Has it always been this way? When my late husband filed for PTSD in the 80's, they never scheduled him a C&P and he was denied; and when he filed in the 90's there never was one then either and he was denied. There were however, counseling records at the local vet center that the VA procured, and gave me a copy when I filed for DIC that clearly showed that he was suffering from PTSD. Isn't their not offering him a C&P for PTSD a violation of their own rules? Did I say that right? When he filed for PTSD in 2003, he was in the hospital for cancer, and he had his Psych C&P there at the hospital, was given a gaf of 45 and granted 50% SC. Since there were records of diagnosis of PTSD that the VA procured from the vet center counselors even though he did not have a C&P, those records should have counted as evidence for the Veteran, shouldn't they? I brought to VA attention in my brief in 2007 that they in fact had the counseling records, but I didn't know about the logical assignment of a C&P at each filing. I told them in my brief that they should have granted him SC based on the counseling records and diagnosis they held therein in the earlier applications for PTSD SC. Instead, they of course rubber stamp denied him and he didn't know how to fight, nor did he involve me in the process. Is the fact that I accused them of CUE in so many words in my brief, -will it have any bearing on my claim for DIC? I basically told them that he should have been PTSD rated, and should have had a higher rating many years ago. In fact, the ten year rule has some relevance if they grant earlier connection. Will the fact that I CUE'd them in my brief cause them to pay attention to their errors on earlier rulings? The diagnosis of PTSD existed in the counseling records at the time of denials in earlier years.... I want to add that he also filed for AO in 2003, for which I later (5 years later) found symptoms of DMII and heart issues in his SMR's which you of course know are secondary AO ailments. If I am understanding what I read this is a clear case of 1151 undiagnosed illness. He was denied at the time, and then he died, and it has taken me years to understand the ramifications of what I can do to ressurect the AO claim. It is just killing me that I do not have a copy of his C-file, but I have held off in asking for one after reading the advice of the elders here. In fact, I didn't even know I could have one until I found Hadit. Our DIC case is at AMC after a denial, denial, and remand at CAVC in Sept 2007. Should I ask for the C-file and maybe shake the tree and get an apple to drop on somebody's head? At least then human fingers will touch the file..... B) maybe I can ask my MOPH rep to get me a copy? Is that possible? Thanks so much for all the help here, Akwidow

Sweet!!!!!!!!!!!!!!!! pr