Philip Rogers

Sounds like you probably got SSDI and they went back a year prior to your application. They would want your son's info because he will be getting a check also. pr

clw4514 - if I recall correctly soap stands for Subjective, Objective, Assessment and Plan. The A is for assessment. pr

clw4514, records from vetrecs can be ordered online. You'll need to send a hardcopy w/signature to follow-up and generally only take 4-6 wks from when they receive the hardcopy. pr

jim, why would you need to pay back SS? I'm not understanding this. Were you overpaid? As with any government overpayment you can request a hardship waiver. Who did you work for? pr

clw4514, wings should be able to answer the MHC records question, as that was her field. pr

John, I think it is final, as it was effective 3/2006. pr

I'm thinking no but I may be wrong. If I recall correctly, 20 yrs protects the rating, even if wrong. 10yrs protects service connection. 5 yrs protects from a reduction based on a single C&P exam. Someone will jump in shortly to either confirm or correct me. pr

Shark - if you submit any new evidence to the BVA be sure to waive review of that evidence by the Agency of Original Jurisdiction (AOJ), otherwise the BVA will remand it back, to the RO, for another decision. This would probably add a few yrs to your claims process. I know, I made that mistake many yrs ago. pr

When the VA issued the cane did PT instruct you as to how to use it?? At times, when I need a cane, for problems w/my left knee, I use the cane on my right side, rather than on the left side, as one would think should be done. It makes a difference. pr

Personally, I would file for an increase in your PTSD rating, requesting a 100% schedular rating in addition to claiming TDIU. jmo pr

There are also some instructions, in m-21 or wherever, for the adjudicator stating something to the effect that if the claimant doesn't request an extra-schedular rating, the rater should not refer the issue to the VACO. I had a vet who was unable to work and the VA kept denying him stating that 50% was the max rating for his condition. They did this for 15 yrs. We called a CUE and requested extra-schedular consideration and won. They gave him 3.5 yrs retro but he wouldn't appeal, for the additional 12.5 yrs, for fear of losing his now comfortable award. Too bad but nothing I could do. If we hadn't brought up the extra-schedular issue he'd still be at 50%, even tho he'd had Congressional help twice. pr

You're right, they do and they do it intentionally. It is meant to dissuade, mislead and discourage the claimant from continuing w/their claim. They never mention 4.16(b) as it is part of their disinformation campaign and they actually require the claimant to ask for extra-schedular consideration, in order to receive it. pr

pete992, please post only complete accurate information. Below is the complete text of 4.16: [Code of Federal Regulations][Title 38, Volume 1][Revised as of July 1, 2008] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR4.16][Page 366] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart A_General Policy in Rating Sec. 4.16 Total disability ratings for compensation based on unemployability of the individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.(Authority: 38 U.S.C. 501) b.) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996] Thanks, pr

airborne18, you'll notice that it's a VA site posting that info. It wouldn't be the first time the VA mislead veterans, would it! A Vet Center would at least do an assessment, probably give a diagnosis and do a referral if they couldn't treat. Besides, it would be discriminatory, especially when they are also treating MST victims, in addition to theater personnel. pr AATW

Sharon, please don't continue to spread the myth that "You must be 60% for one condition or 70% with at least one condition at 40% to qualify for IU." The reason I say that is, even though it'll be an extra-schedular rating, it'll still be IU and doesn't require the requisite 60% or 70%. The VA continually perpetuates this myth and by doing so discourages qualified veterans from applying for and receiving their just award. pr

rikkor - I believe PTSD became an accepted diagnosis in 1981, in the DSM-III. I would request complete copies of your VA medical records and your VA claims file (c-file) and then look for errors in the original rating or any subsequent rating. Once you get copies of your records, I would also look for any mention of you being unable to work being noted. I'd also request an increase in your current VA compensation. Additionally, I'd continue w/your TDIU claim/appeal. Monday, you should contact an SSDI atty and your nearest Vet Ctr. You should bear in mind that VA medical records are not associated w/your c-file unless you tell them about them. The VA does this so they can honestly deny claims, as there is no evidence of any treatment, in the record. It's a great system for screwing vets. jmo pr

Absolutely, "the VA can grant TDIU with the veteran applying for it,"but I think you may have meant w/o the veteran applying for it?" Yes, they can but usually don't. pr

Any vet w/ptsd is entitled to Vet Ctr counseling, as is/are the family members of a ptsd vet. He can salvage his claim by appealing the denial. He can, as you suggested, also call it anxiety disorder, if he chooses. I helped a friend, VN vet win, recently, but he applied for PTSD and they changed it to anxiety disorder, claimed as PTSD, cuz he didn't meet all the PTSD criteria and awarded him 30%. The thing is they verified his stressors for PTSD and I don't know that you need stressor verification for anxiety disorder. AATW!!! pr

airborne18 - okay! I just feel that he has a verifiable stressor(nexus), which many combat vets don't have. The 20 yrs later thing is the "P" in PTSD, ie: "Post." Lets see, I left VN in 9/67 and never realized there was anything wrong w/me until the late 80's. Never had any treatment between then and when I filed but did have the appropriate social history. Perhaps he should file for a PTSD/anxiety disorder. My concern there is that I know of no cured PTSD cases but I'm sure the VA will "find" a cure for anxiety. We can disagree. BTW, I went thru jump school in 6/65 at Benning and was a 11B4P, w/the 1st Bde (Abn), 1st Cav, 7/65-9/67. Airborne, ATW!!!!!!!!!!!!! pr

I'm going to disagree w/airborne18. You had an in service incident that potentially could cause PTSD, so I would go w/that. I've been dealing w/PTSD claims for 20 yrs, including my own. "My feeling" is that airborne18 doesn't feel your traumatic injury was severe enough to cause PTSD. Listen to all the info offered here at Hadit.com and use your own judgement. jmo pr

Generally, no! The DRO has the final word. If it's a large retro award, it might be reviewed but I doubt it would change, unless there was a gross error. It's also vacation season at the VA and claims may be delayed further by a shortage of personnel. jmo pr

Good post, Mike!!! I hope to get my hot tub soon! These old bones need it! ;-) pr

rikkor - 1st thing, reapply for SSDI, using the either the day after you were retired from the military as your date of disability onset or the date of the injury. At 19yo, you need less quarters and if you became disabled prior to age 22 your SSDI is based on your father's SS account. You will probably be denied and need to appeal up to the ALJ level, to win, but it can be done. Also, if you can get a PTSD diagnosis and you weren't represented by counsel on your previous SSDI claim, you may still be able to appeal that. I'd consider getting an atty to represent you for SSDI. You can check at http://www.nosscr.org. On the VA claim, you'll need to secure your SS employment records, to comfirm that you haven't worked all those yrs. This is excellent evidence, especially in the SSDI claim but also in the VA TDIU claim. I think you can win a claim for PTSD but will need a diagnosis of PTSD to get it. You might try using a Vet Center for MH treatment. If you have tri-care, or whatever it might be called these days, you could see someone privately. What percentage were you retired at? pr

broncovet - I understand all that! I went thru all the same things. Only, I lost two houses, wife and eventually had to file backruptcy. My car wasn't worth taking. Now, I'm back in a house, vehicle is fairly new, I like living alone and have moved on. I've forgiven the VA or at least don't let them ruin my day, any more. I know, now, they weren't just out to get me but do screw everyone, as they are equal oppurtunity yada, yada, yada!!!! It'll get better, even if it's only after we die. jmo pr

Mike, I know what you're saying! If life were just and fair our active duty personnel would be getting paid $60k-$100k a yr for what they are doing and veterans would get what they were promised. My lifestyle is much better than the first 10 yrs, before I won what I earned. But alas, life isn't like that. jmo pr