Philip Rogers

If it's only been a few months, since the claim was filed, why worry about it/ With claims taking 8-12 months, they probably just haven't scheduled one yet. First comes the VCAA letter. pr

Correct, you don't get anything for the period 7/8/08 - 7/31/08. August 1, starts the new month. That's just the way it is. They only pay for full months. pr

You never get the remainder of a month. If they award you on July 8, the payment period starts beginning the 1st of the following month, with the actual payment being received the 1st of the next month. You were awarded as of 7/8/08 and you'll actually receive payment for the month of August/08 on 9/1/08. pr

Carlie, I believe notaries are required to also ask if the person signing "is doing this of their own free will and is doing so as their free act and deed." pr

I'd suggest that all buddy letters be in the form of an "affidavit," as affidavits are sworn documents and carry more weight as evidence. I believe notarization only confirms that the person signing the document is that person and carries no weight as to whether the statement is true or not. jmo pr

Hey Cav, FYI - I was an army guy too, only we were called "soldiers." Come to think of it we still are!!!!! pr

You'll find it where they keep the potato stretcher. pr

I'm the friend Carlie mentioned! You should appeal your decision, which will be denied but you need to get to the ALJ level to get the correct award date. Most SSDI lawyers only want the easiest of claims, so they probably won't take it. Most are "lazy!" You can do it yourself or contact www.nosscr.org for a referral, in your area. I'm not the person Pete's talking about but I won my claim retro 8 yrs, also. I plan to pursue another 2.5 yrs retro, shortly. You can continue to collect your payments while you are appealing, also. pr

mom24 - if your disability is for mental issues they will waive the 4 yr deadline and you could go back to the original claim date. pr

Bonzai - Medicare will go back but you need to pay the back premiums. pr

broncovet, actually doesn't a 4 yr degree usually take 36 months, ie: 4-9 month yrs??? So that leaves an extra yr, at the 45 month level. jmo TS - I'll keep ya posted. pr

TS, you got it! That's exactly it. My thoughts are the CUE makes any subsequent issues moot, as tho they never happened. Therefore she should be eligible. To look at it another way: She was my dependent, then we divorced. She remarried and became his dependent and he's being paid for her. She wasn't prevented from receiving the same benefit twice. Now, if she were a widow and remarried she'd lose her DIC, until such time as she divorced her husband or he died, at which time she could collect, DIC, against his death or her previous spouse. We'll see what happens. That being said, if two 100% vets marry can either or both collect for the other as a dependent? And what if they have children? This is fun! pr

The lastest one took 4.5 months. An earlier one, I assisted on, took 5-6 yrs and won an EED back to the mid '50's. The other one took about 12-15 months. I have one more but will be dropping it because the issue is moot, due to my current win. If you have a clear CUE they are easy to win but can take some time because of the way the VA mishandles them. Remember they are paid based on "work product," not actual work, properly completed. So the easiest route off their desk can be to mishandle the claim, which guarantees future work. jmo pr

tssnave, no problem correcting me. I was just looking at Chap 35 bennies, w/o any other plan. As to the other issue, I'm curious because my ex just completed her Chap 35 bennies from her current spouse and since I now have a successful CUE, for an EED and she completed 3 yrs, back in the early '90's, which the VA didn't pay for, I think she's eligible for Chap 35 bennies for that first period. I'm thinking the CUE makes the current issue of Chap 35 use moot. I'm thinking she could get a check for about $10k for that earlier period that is now covered by the CUE. jmo pr

At least once a yr!!! Just kidding but some claims are taking that long. Depends on which RO and their workload. Every 90 days would be good. jmo pr

I feel you could very well have a CUE. Everyone feels CUEs are hard to prove. I disagree. I've done two and assisted in another and won on all three. Are they easy? Not necessarily but they can be won, especially if they are on decisions made prior to the late '80's. In your case there the presumption of soundness and the aggravation issue. I think you'll win and you probably won't need assistance, if you do the work. jmo pr

ltate90, I'm not positive but I believe there's a 3-4 week delay, added to the standard processing time, because the atty is given a chance to appeal their payment figure. It took my sister about 60-75 days from her notification, to receive her payment, about a yr ago. pr

Mike, I'm sorry I stated "reapply" and what I meant was appeal the previous denial. There is a rule/regulation that, more or less waives the allowed appeal period, for persons w/mental disorders that are not represented by counsel. You will have to go to the ALJ level but you can probably win a substantial retro award. pr

Mike, you need to reapply for SSDI using the 2000 date as your original onset date of disability. Your being screwed by SS with the usual lie!!!!!!!!!!!!!!! pr

I've got an interesting question. Can a spouse who received Chap 35 bennies from a previous spouse receive new bennies when he/she remarries another P&T vet? I would think they could. pr

I believe it's 45 months. pr § 21.3020 Educational assistance. The program of educational assistance under 38 U.S.C. Chapter 35 captioned Survivors' and Dependents' Educational Assistance, may be referred to as Dependents' Educational Assistance. (Authority: Sec. 309, 90 Stat. 2383) (a) General. A program of education or special restorative training may be authorized for an eligible person who meets the definition contained in §21.3021. (b) 45 months limitation. Educational assistance may not exceed a period of 45 months, or the equivalent in part-time training, unless it is determined that a longer period is required for special restorative training under the circumstances outlined in §21.3300© or except as specified in §21.3044©. (Authority: 38 U.S.C. 3511(a), 3533, 3541(b)) © Courses in foreign countries. A course to be pursued at a school not located in a State or in the Philippines may not be approved except under the circumstances outlined in §21.4260. [30 FR 15631, Dec. 18, 1965, as amended at 31 FR 6773, May 6, 1966; 34 FR 841, Jan. 18, 1969; 38 FR 14931, June 7, 1973; 43 FR 35289, Aug. 9, 1978]

Carlie: To the best of my knowledge he needs to have a VA C&P exam. I can't see how they could award it otherwise. Venturing a guess, I suspect the person who made the diagnosis didn't have the c-file present. jmo pr

Sharon, I'd suggest requesting another C&P exam, as the first one was inadequate because the examiner gave no diagnosis. I'm thinking maybe the claimant didn't want to review his stressor(s) as that is usually quite painful. pr

Generally, a big city has one police dept but many stations/precincts(sp). The records are generally stored centrally. You need to call(or write) their main number and talk to records. Newspapers sometimes carry their own archives and if not the library may have them. I doubt the VA will help. pr

Hey, this is your claim. Just warning you as to what to expect from the VA. They assume we lie about everything. It'll just make it easier to win, if you have that evidence. jmo pr