Philip Rogers

DH, I believe this is the same annual booklet they give out at the VA and the VAMC, that is updated yearly, and covers what your benefits are. Berta's VBM is sold by the NVLSP and is the bible to winning your or anyone's case. Thanks, for helping here! pr

dh: just so you know this not the same as the VBM Berta mentioned, but thanks for the link. pr

I've helped two. One was at 50%, the max allowed for his skin condition. The RO sent the claim to the Central Office(CO) and who gave him TDIU but first they added another 10% for scarring. I don't remember the other but I think it was irritable bowel syndrome. pr

If I were him I'd either use a temporary forwarding address or an address forwarding service, like mailboxes etc or whatever. Changing RO's will just delay the decision. I sent them an address change and the transferred my file. I sent them a certified letter stating I was not changing RO's and they eventually corrected it. jmo pr

Shark, I'm not sure but I'm sure, Berta, our resident "expert," will chime in, soon. My belief is that you cannot be awarded prior to the date you actually filed your claim, unless you filed a claim for disability, for agent orange related disabilities. If you did that, your award could go back to the date of that claim. You should also note that by the time we are diagnosed, by the VA, we've had the symptoms for a yr or two. pr

My opinion, and only my opinion, is that the only thing lower than "most" VA employees is a VSO. Friday training is usually on the golf course. Unfortunately, most don't deserve to draw a pay check, as w/most in their position(s). I believe most started w/great intentions but fell into apathy. jmo pr

john, to the best of my knowledge, she can collect @ age 50yo, if disabled, or 60yo, if not disabled. pr

pigdriver, there is no need to change RO's, unless you want to. You can leave your claim where it is and let them decide. The only problem is should you need any C&P's you will need to travel back to Battle Creek, at your expense, for them. Changing RO's can delay your claim and does open any existing awards up to review. As for the CPT treatment you can have that done in Greensboro, if available. If you are close to your aunt, I suggest moving, as she will be gone one day and the memories created can be good for all. jmo pr

cg, just my opinion but I'd go for the EED, back to the original claim, as that original claim should still be open. In the old days if a claim wasn't addressed it remains open. This is not a CUE but is a grave procedural error. I also see no reason to wait. Just make sure you have all the evidence in case the VA somehow misplaces it. pr

You need to post the reasons and bases for the denial(s). There can be many legal reasons for the denial(s). pr

Sidney56: chances are SS lied to you! I don't know your situation but unless you never worked you probably qualify. The key is using the last date you worked as your disability date. SS lies all the time. They get you to use the date you apply as your disability date. Most haven't worked in yrs, prior to applying. I need more info to point you in the right direction. pr

Personally, I believe you are your best advocate! As previously stated I have no use for VSO's. I started my claim back in early '89. Dealing w/the DAV, I learned the hard way. I moved to where my RO was located. Back then, no internet access. The VA set me up in a room w/M-21, which was on a cart about 8ft long. I learned. Had they given my what I was due, I'd have gone quietly away. Alas, they didn't. As of now, I've helped at least 30 other vets get 100% or TDIU. Shame on them! I took the NVLSP's mail order advocate course. I already knew more than the course taught. About 5 yrs back I was going to take the VVA's VSO training but there was concern that I'd lose my 100%. I'm 20 yr protected now and worn out. I don't have the interest now. I only post here when someone else can't answer or misinformation is mistakenly given. You don't need anyone. You can find everything here but you should spend the $135 for a 2009 copy of the Veterans Benefit Manual(VBM), from either LexusNexus or the NVLSP. Everything you need to know is in there. pr

carlie: not to rain on your parade but m-21 is just the VA's interpretation of how to administer 38 CFR, which is actually the VA's interpretation of 38 USC. So technically it's not a reg. We still appreciate you, tho!!!!!!!!!!! ;-) pr

Yup, if you're 100%. pr

t&b, you're correct, w/what you've stated, but I'm talking about going from SS early retirement to SSDI. I didn't know it could be done but it apparently can. It would make it easier for someone over age 62 to survive while awaiting an SSDI claim. pr

Cavtrooper088, you should receive the full $1978. That's the advantage of getting SSDI over early retirement. pr

t&b, okay, but I think you misread my post. As I understand it you didn't retire, you got SSDI. I have the same. I got mine in '99 and get the full rate, I would've received at 65yo, w/those same work credits. He only took his retirement within the past year. He applied for his SSDI a few months back. I didn't think he could get it but he did. That raised him from his reduced rate to the full rate he'd have gotten at 65yo. pr

Thought I'd mention this. A friend, in my PTSD group, who took his reduced SS retirement, at 62yo, was recently awarded SSDI, thereby raising his SS, to the full rate he would have gotten had he retired at 65yo. He'd received his VA 100% just prior. I didn't know this was possible. pr

Yes, impossible but that is such BS, cuz it's only because they're lazy. I have no use for "any" of the national orgs VSO's, 'cept maybe the VVA's but I've had no experience w/them. The others, in my opinion, SUCK!!!!!! And are not worth a penny they are paid. Actually, I have no use for the most of the national orgs as they sh*t on us when we came home. jmo pr

kilo 3/3, you shouldn't have had another ptsd exam. Once it's been 5 yrs, w/o improvement, the VA is not supposed to re-exam. Also not supposed to re-exam 55 yrs or over. You should be P&T at this point. If not, request it. It awards your spouse, and under 26 y/o dependents, Chapter 35 education benefits and ChampVA medical insurance. You should look at your 100% award letter and see what they said about Chapter 35 benefits, future exams and housebound or A/A benefits . pr

cowgirl, you stated: "Phillip I read this with interest and tried to understand what was posted. Do I see the bottom line as being 'If you can show VA violated 38CF on the evidence before it, then you have CUE"? And that clear and unmistakeable error can't be based on 'failure to obtain more evidence' because of the 'duty to assist'." Yes! pr

Carlie, the VA probably won't mention the JSRRC. If the VA doesn't have combat verification, they'll request it from the JSRRC, which usually takes up to 2 yrs to get. Your friend would be better off trying to get info from the NARA, on his own. It would probably be faster. You can call College Park and talk to an archivist. They'll help you locate what you need. They are generally, very, vet friendly pr

You can try. I was just reviewing the 6 pages of Alex's posts, Carlie linked to, and saw something on CUE, that may help you. Here's Alex's quote: "No9 CUE lies on failure to obtain more evidence, since that is prt of the duty to azssist, 9whicvh can nevr be CUE. IOf you can show VA violated 38 CF on the evidence before it, then you have CUE." I believe Alex used a Dragon program, to post, which could account for the errors in the text. pr

Berta, you wrote: "I still dont know what stressor the JSRRC confirmed-" A copy of that correspondence should be in his c-file. pr