Philip Rogers

You would contact the local police about it. They usually have accident reports. Since it's in your smr's the date of the accident should be known to you, which should make getting evidence easy. Newspaper stories of the accident should in their archives. I just see the VA wanting proof of the accident, other than some info in your smr's. Did you sustain any serious injuries, in the accident? jmo pr

They should use the same claim date. pr

It's been deferred, meaning they'll make a decision on it later. They may need a C&P exam on it. May need more records to link it to SC. Just make sure they follow up on it. pr

I don't think it's that much of a long shot but you do need, as pete53 says, some reports of the original and subsequent accident. Newspaper articles, police reports, witness statements, whatever. jmo pr

Hey carlie - yup, I couldn't believe it. The whole point was we were approaching it the wrong way. By claiming the CUE they were able to resovle it in just 4.5 months. Yes, soooooooooo sweet!!!! Now she can just drop her other appeal. Thanks for all your help!!! XO pr

John, yes, you might want to check w/him, altho I don't see any reason you can't. I have an atty working on one of my claims but I've continued to work my DM-II claim and this CUE claim for the EED, without any problems. As your atty/POA he'll be cc'd any VA responses, anyway. jmo pr

John, personally I think you got screwed, on the EED. I think I'd file a CUE claim on the, now final, 2007 decision. Since you appealed it constantly, I believe, they should have gone back to 1997. Even tho you have a CUE claim in now, I'd file another for this, even if you are successful in the current claim and this issue could become moot, I'd do it anyway, in case you lose on the other CUE. jmo pr

I believe the current rate is $915 a month, for fulltime attendance. The school just needs to be approved by the VA and I'm sure Harvard would qualify. The $915 is a stipend to be spent as the student wants. So if your daughter could get a full scholarship, to Harvard, she'd have $915 for other expenses. pr

I used mine when I was researching, at the National Archives, in College Park, Maryland, about 10 yrs ago. We camped for $7.50 a night. The coin operated showers were about a dollar, for a reasonable length shower. pr

Just to clarify my claim. I filed, for PTSD, in 4/89 and was awarded 30%, initially, which I appealed and continued to appeal until 12/99 when I won a retroactive award of 100% back to 4/89. On my journey I was awarded increases, including TDIU, w/P&T, w/Chap 35 for my then wife. My son used his Chap 35 but when my daughter applied they denied her because she was over the 26 yr age limit. We filed an appeal and have been dealing w/this for about 5 yrs, as her claim. We had a hearing, here, so I could attend. The hearings officer stated he'd read the file and the VA was correct, in their decisions. I disagreed, and still do, however he suggested I file a CUE claim, on my 1999 award, because the issue of P&T was not discussed. I filed that CUE and they awarded me the P&T retro to the original date of 4/89. Now, my daughter, as I understand it, can use her benefit eligibility date as 4/89, 7/09 or any date in between. This will allow her to either collect for yrs previously attended or during the next 8 yrs, which may have also changed recently. There was no monetary award for me but it did give her previously denied Chap 35 bennies. I suggest no claimant ever give up the fight!!!!!!!!!! jmo pr

Billy, not to worry, I'm still considering going after the SSDI. I think I can win but it's a matter of whether I feel it's worth the effort. If it went back the 2 yrs my SSDI rate would probably be higher (cuz of the 10 yrs they used I had 2 yrs w/no income), plus I'd get the 2 yrs retro. I'll probably do it sometime this yr. pr

Billy, I was lucky in that I kept appealing, w/o losing my date. I even filed new TDIU claims, to protect myself, in case I was doing something wrong. SSDI screwed me by writing an appeal up as a new claim, instead of an appeal. Cost me 2+yrs. pr

Billy, if your claim has been under continuous prosecution, the award should go back to original claim date. By continuous prosecution, I mean appealled, not requested an increase, which many VSO's recommend claimants do. If not, then it'll probably be the date of TDIU claim or whatever date they find you IU. pr

John, there is no pile of money. At best, she could get a few yrs of about $915 a month, the current rate. At worst, they paid about $375 a month back in the early '90's and she could collect that, for about 36 months, which would be about $13-$14k. No big award but it will help, whatever she chooses. I helped, my dear friend, Tom McNell, who used to post here, prior to his death, win a retro to around 1955, for prostatitis(sp). They ended up awarding him either 10 or 20%, retro and he got a check for around $35k. We were supposed to got to the orient for 3 wks to relive our youth but he paid bills instead. What a guy he was!!!! pr

Yes, Berta, that makes sense. With your new award should come new delimiting dates, less any months of actual benefits you've previously used. In our case, the hearings officer (or he may have been a DRO but I don't think so) told me that I should file a CUE on my claim decision rather than appealing hers and that since my file was there they could probably make a decision quite quickly, which they did. It's nice cuz she's 39, is considering changing fields and going into nursing, so she has a choice as to which time period to chose. To answer your question, yes, you should get a new delimiting date. pr

You don't even want to know. Ended up purchasing a house, to replace what we lost, during the appeals process, went back w/the then estranged spouse only to decide it wasn't for me and then went thru a messy divorce. Money was gone in no time. I settled easily in the divorce. I've since forgiven her and life has gone on! I'm content that my bills are paid each month. Do I wish the VA would do the right thing - yes, but that's not likely, unless Congress does something and that's not likely to happen. Just more smoke & mirrors!!!!!! pr

GruntDaddy - no money, it was just about getting my daughter Chapter 35, DEA benefits, by changing the P&T date. The original retro award, for the 10 yrs, before I won, less the comp paid during the appeal process, was a few hundred under $100k. My daughter is now 39yo. So she'll have a choice of receiving the retro award or should she attend school now, receive payment at the current monthly rate. pr

Just an update. Today, I received a favorable decision, on my CUE claim, awarding me an EED, of 1989, for P&T and Chapter 35 benefits for my daughter. She is now eligible to receive payment for the 4 yrs she attended college. It only took 4.5 months from when I filed the CUE. Sweet!!!!!!!!!!!!!!! Carlie, Berta & deltaj - thanks for your help on this!! pr

Technically, each veteran is entitled to payment for their own travel and if it goes thru lunch time would be entitled to a meal. The address would have nothing to do w/it. Each veteran might need to state that they each drove themselves and if that turned out to be a lie, it could constitute fraud. Where 2 vets live together but drive separately, they would each be entitled to travel pay. They are not required to "car pool." They can appeal that incident. pr

jmo, but have you considered the possibility, that maybe it's someone with the same name and it's an error??? In the meantime I'd request a waiver due to hardship and an administrative error. jmo pr

GruntDaddy - why wait? He will probably have to appeal, appeal, appeal, but if he wins it could go all the way back to when he first applied for TDIU. Waiting could only cost him money. The sooner he applies the better. I'd suggest applying for P&T, at the same time, also. jmo pr

Shark - please stop spreading that myth about having to be 60% or 70% to be eligible. It isn't true, as 4.16(b) states. Statements like that merely perpetuate the myth. Please read 38 CFR 4.16(a&b). Thanks. pr

I suggest you go to this link and read Jim Goodwin's article. This on-line version has some minor changes from the original, that was published in 1987. I had been denying there was anything wrong w/me until I read this, in 1989. http://www.trauma-pages.com/a/goodwin.php pr

steve - you should've applied for SSDI when you were forced to retire. I'd apply for SSDI now but I don't know if you can get it changed. If you can, you would go back to the full rate. Getting another roughly 31% would certainly be worth it, in my opinion. At 65, without any change you will receive the same amount you are receiving now, but with your COLA added. pr

It's very hard for the VA to write a statement, accurately. I requested a statement to use in getting my property taxes reduced on April 1, 2009 and they stated "the records of the DVA indicate that the veteran, at one time, prior to death, was in receipt of SC compensation for a disability or disabilities rated at 100%." Additionally they used an address from 3 moves ago. pr