Philip Rogers

Carlie, after action reports are great for locating a stressor, especially when a claimant has no idea of a date or doesn't even know the cause of their PTSD. I believe they are usually done at many levels, ie: corp, field force, division, brigade, etc. They decribe actions that happened, for units, during a certain period, in a certain area. From these a claimant can find more about their unit and it's actions, from the daily logs, kept by each unit. Daily logs were kept by each unit, depending on their activity, at the time. The national archives has them and the archivists can be very helpful in finding almost anything needed. pr

I see no reason why not. I'd go for it and request P&T. pr

Thanks, John!! Obviously, I didn't know anything about it. Here's a link to it: http://www.usamilitarymedals.com/combat-ac...CFVRM5Qod_HJOoQ It looks like a "feel good" badge and must have been started by Californians. This way everyone gets something. jmo pr

Carlie, I don't know anything about "CAB's," as they are usually in big cities and I have a van & live in the country. ;-) As for "CIB's", I suppose they could try. They may need witness statements. As for the CAR, here's a link that should explain it all: http://armyawards.com/car.shtml pr

pigdriver: you're right, the CAR wasn't issued until about 1969 but I believe it was awarded retroactively, all the way back to WWII. Any marine that served "in combat," in VN, Korea or WWII and wasn't authorized a CAR, needs only to apply for an upgrade and the Corps will confirm his exposure and issue one. pr

If you're waiting for a DRO hearing, I believe they've been taking 18-24 months before you'll get one. This appears the average nationwide. pr

Allsup should get paid directly from SS. They have about 15 days to appeal the amount of their fee and if they don't appeal their fee you get paid, then. Usually takes 60-90 days from the decision date. pr

A NOD (notice of disagreement) is just a statement notifying the VA that you disagree w/their decision and why. It should be your "brief" stating why you disagree and should include any additional evidence, you may have. You can research both Board of Veterans Appeals(BVA) and the Court of Appeals for Veterans Claims(CAVC) cases, on-line, and find cases like yours that may help you present and win your claim. Anytime additional evidence is presented you can request an additional decision, prior to going thru the appeals process. pr

FYI, army guys are called "soldiers." pr

Anything the VA "tells" you can be considered false. They cannot be held accountable to anything "told." He needs to apply for Voc Rehab services, in writing. All correspondence "must" be written!!!!!!!!!!!!! They are required to offer him services w/a 70% rating. You need to stay on top of this! They need to test him. pr

emelita1951, the current base rate VA widow's pension pays $661 a month. If you receive more than $661, a month, in social security, you wouldn't have gotten any pension, away. I don't see any other way you can receive anything from the VA. Sorry!!!!!!!!!!!!!! pr

No, they can't collect both, if the SSDI is more than the VA pension. Yes, the claimant should notify the VA immediately, if the VA didn't already catch it, and will need to pay back any overpayment. It's the claimant's duty to notify the VA, of any change of income, while receiving VA pension. As for criminal prosecution I have no idea. It's best not to risk it. pr

You should get 100%, w/that description. P&T should come after the 5 yr mark. I see you posted that you won a claim back to '97 for PTSD, so I would think you'll get either TDIU or 100% w/P&T. Make sure the VA knows you haven't worked in 5 yrs. pr

John, I think he's quoting an old regulation, from late 1996. I believe it was 38 CFR 4.16© and it used to state something to the effect that if a claimant was 70%, solely for PTSD, the claimant was to be rated 100%. I believe this reg was changed on or about 10/8/96. pr

jimclay8, please post the regulation in 38 USCS that states this. Thanks! pr

Hooray for Mike!!!!!!!!!!!!! I'm sure it's well deserved! I met Mike here yrs ago and had the pleasure of lunching w/him, in Coos Bay, OR, some yrs back, when traveling thru there. A great guy and advocate for all vets! pr or as Mike called me: § Sir Flip §

FYI, PTSD is not verified by awards, KIA and WIA, stressor verification. PTSD is verified by a psychologist or a psychiatrist giving a diagnosis.

If you left your copy w/him, to file, I wouldn't count on him doing it and I would send a copy, certified, return receipt requested, to the RO, to cover yourself. jmo pr

Nice find, Carlie!!! That answers my question. I do recall seeing a case, some yrs back, where the claimant was TDIU and was requesting 100% and the CAVC considered the issue moot, as the claimant was already TDIU and there were no additional benefits w/100%, to be gained. I disagree but it's nothing I have to worry about. Thanks again! pr

While you may not be able to diagnose, a condition, you can list/state your symptoms. Researching both the BVA and CAVC can help your claim. You can easily find similiar claims and use their rational to argue your claim. Also, you can see how the VA thinks. jmo pr

CB 92-93, Thank you and no, I don't know the answer, which is why I asked you to post the statute. To "my" knowledge TDIU is protected, after 20 yrs, but I could be wrong. I do know that it requires 12 months of continuous successful employment to revoke. pr

'Commander Bob 92-93,' Please explain and give statutes that apply. pr

Your hearing and back should be fully protected on 11/1/09. They would have great difficulty reducing the hearing, now, but should they try you need to respond immediately and request a hearing. You should be safe but let us know if they notify you of any intent to reduce your rating(s). Try not to worry. I hit the 20yr mark, a few months back and had short-timers syndrome, also. Relax!!! jmo pr

I doubt VSO will read this!!!!! I didn't, just based on it's length. You might, also, want to add, if not already included, that you are requesting the highest possible rating and that all regulations, both known and unknown to you, be properly applied and that they issue a favorable rating. jmo pr

Yup, and I hate it. It'll allow the VA to bill medicare for my s/c care!! It really pisses me off!!!!!!!!!! pr