Philip Rogers

It never ceases to amaze me how veterans here, receiving payment at the 100% rate, keep crying for, in the words of Billy Idol, more, more, more!!! Don't get me wrong, I greatly appreciate any increase we receive and have yet to refuse one but to sit around, in June, worrying about whether or not we'll get an increase, in December, and how much it'll be, is senseless. I'm quite content with all that we receive. But then, again, I've been accused of suggesting that we should "just think happy thoughts." jmo pr

We have a great lady (wings) here who will probably chime in within the next few hrs or days. She's been thru the BCMR, for an upgrade/correction, was former AF, MST survivor, now 100% pay rate at the VA and may offer some help. Watch for her posts. pr

I believe the official initial denial rate for SSDI is about 70%. You'll probably need to get to the ALJ appeal level to win and may want an atty. You might want to try http://nosscr.org/ for an atty in your area. pr

purple - I'm not saying that. Some people get PTSD and some don't, all from the same type of incident. How we deal w/what has happened is an individual process. Rape is a terrible event and I'm glad it never has happened to me. But how that life shattering/changing event effects a person is a personal thing. A person can choose to accept and move on. PTSD is also an accept and move on thing. I can choose to wallow(sp) in self-pity, being angry, or I can accept that bad things happen to good people. We know life is not fair. I choose to accept what has happened and move on. It is hard and everyday I have to work at it but I continue to try. I'm not going to comment on this topic anymore. I've defended my position. You and Larry can agree or disagree w/me. jmo

Geez Larry, but that's tough stuff that you were offended. Depression still comes from within and I stand by my statement. Changing ones thinking can certainly improve ones condition. Some may need some medication, to assist, at times, but to blame everyone else or outside sources is plain ridiculous! jmo pr

robert51 - sounds to me like someone trying to rip of the system. I don't think they want PTSD, just the monthly income. Ya gotta admit the monthly payment is a blessing, which might lead some less than honorable person to try and get some. jmo pr

Larry, you'd think with all her money (lol), she'd purchase a new notebook, which would be cheaper than flying someone round trip from India. I paid under $400 for my Acer Aspire and less than $300 for my Acer Aspire One, mini. Much cheaper than the $2k+ I wasted, about 2 yrs ago, on my HP notebook. Nowadays you can purchase a new one cheaper than repairing. pr

RIKK - welcome! File the claim, today, so you don't lose any potential compensation. Once filed, you can develop the claim and secure the necessary evidence. Wings, our resident expert on this subject, will probably join in shortly. pr

Your friend needs to pursue a TDIU claim. pr

Berta, I'm not sure on this one and you didn't mention if you used any of those previous Chap 35 benefits. That may or may not make a difference. Then again, if it's based on a CUE, the issue should be moot. I'd pursue the claim anyway, and not worry about whether others think it's frivolous. rofl jmo Here's a couple of questions: If a vet remarries is the new spouse eligible for Chap 35 benefits and if so when?? Suppose the new spouse was previously married, to another vet, and used Chap 35 bennies from him/her, would they be entitled to continue for an advanced degree??? pr

Yup, Larry, that's right!!! I'm fairly sure you already all of the following. The problem is it isn't very easy to do. We tend to follow patterns, some of them 40+ yrs old, and should know, by now, that "if we always do what we've always done we will get the same result." I've been able to change some of my thinking and my management of anger is way better than it was 20 yrs ago. Some of it is that I avoid situations that may bring an anger response in me. Sometimes, it's unavoidable, as in when someone cuts me off, in traffic. These days I make the assumption that the other driver didn't see me and had to be somewhere sooner than I did but not that they were intentionally trying to cut me off. Previously, I would become enraged and it would take me sometimes hours to calm back down, while the other driver drove happily away, unaware of what "he had done to me." In reality what I had done to myself. And there are still things I can't or won't change. I've never been out, say at a restaurant, and been harmed (other than by the cooking). However, I, usually, still sit w/my back against the wall and know where all the exits are, because that's when I'm most comfortable. I am getting better, at that, but it's been a very slow process. I don't fly. I will if I ablsolutely must but I prefer to drive. I know flying is safer but then I'm not in control. Anyway, as I said it's not easy to do. jmo pr

You can disagree but both anger and depression come from within us. It's caused by how we think about things that go on around us. Once one realizes that, they can change their thinking. pr

I use what I call "avoidance therapy" - I avoid situations that cause me anger. You could not go to the game. You could ignore the statements. You could move your seating. You could just figure the source and let it go. She's not making you angry, you are. The anger comes from within, just like depression. You are the one causing it. That's the best I can offer. I know it works for me. It's amazing how relaxing it can be to just let it go. I also just think to myself how lucky they are because I've allowed them to live another day. ;-) jmo pr

If your service-connected disability causes you to be unable to work you can get TDIU. See 38 CFR 4.16(b) below: pr TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS PART 4 - SCHEDULE FOR RATING DISABILITIES subpart a - GENERAL POLICY IN RATING 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]

oldman273 - not to burst your bubble but it will probably take longer for the C&P exam. It's sounds like your claim was remanded by the court. I had mine remanded and I think it took over a yr to get the C&P exam. The CAVC will send it to the BVA, who will send back to the RO, where you'll get the exam and then the RO will decide and if denied, will send it back to the BVA, etc, etc, etc. jmo Good luck!!! pr

I would tell them it's caused you to be unable to work since 2004. As broncovet suggested, you should apply for TDIU. pr

Mike - fortunately, it beats the other option! I hate looking at my skin, thru these magnifying type glasses. Looks like lizard skin! But I'm still kickin', which I can be thankful for, given AO. Love ya bro! pr

Allan - Alex told me, and I think it was posted here, that if "he" needed someone "he" would use Robert Chisholm, out of RI. I used him and he got it remanded. Costs were paid by EAJA and it took about 3 yrs. There is no rush to decide as you will be getting at least a dozen more offering their services. jmo pr

Delta, I don't have a problem w/it. I was just havin' fun!!! ;-) Wings is probably the best researcher I'll ever meet/know. You never need worry about me getting offended. I've got body armor!!! rofl pr

Jay, as I stated, no offense meant and I don't think it was name calling, and for you, maybe that was a compliment but like purple, you didn't answer my questions. Blanket statements like that need verification. I don't mind them if they can be verified but otherwise they are no more than fiction meant to incite veterans, here. You have what about 50-60 posts, over the past week or two? I've been here about 15 yrs. Please just reference what your sources are for statements of this kind. Enough said. jmo

Jay, no offense but are you a moron??? Where do you get off making blanket statements like this??? Who says that the backlogs(w/one "g") stem from the current wars?? Statements like this only impugn your credibility. Please think before posting. jmo pr

Mike - Thanks for clarifying(see what happens when one assumes) and sorry but I'll never get over WJC, whether it be VN or the cigar issue. I partially blame him for today's youth's attitude, towards oral sex. Sex is sex but he's a lawyer and you know what that entails. Maybe I only wish he'd been around in the '50s!!! Then maybe I wouldn't have been a 21 yo virgin, extremely thankful, to a Japanese "lady," in 1966, for her favours!!! rofl Still love ya and next time lunch is on you, since you finally got your "well deserved" big win!!! Sorry if the elders edit this but I don't regret Tokyo, at all!!! pr

yulooking - unfortunately, "for you, and many others," I won't respond to any of your, or their, requests as I am unable to decipher many of your posts. A simple proofreading and spellcheck could remedy this. While the terms used in text messaging may be the current trend w/today's youth, to me, it signifies extreme laziness. I'm old and unfortunately I like it!!! This is not meant as a personal attack on you but just my opinion. My bad!!! LOL jmo

Mike, I understand! I'm the same way. These days, I let the lesser experienced answer the more simple posts. I try not to get angry when newbies come here and due to "laziness" don't even try to search the board for previously posted answers, to their questions. It also bothers me when some "newbies," w/no history on this board, post as tho they are authorities on the VA. As to VA claims, there is, what I believe to be a legal theory, that each claimant is seeking the highest award possible. That being said, what also bothers me, at a veteran site that includes many VN vets, is someone who posts a photo of a draft dodging WJ Clinton, signing some some stupid book, he was way overpaid to write, while many VN vets are being sh*t on by our lovely VA. ;-) I still love ya, bro!!! Next time, I'm south, we'll do lunch, again! pr (aka: Flip)

Purple - ya never answered my questions. Purple - you stated: "The difference is with the VA, some vets are filing claims everytime they get a side effect they don't like just to get extra $$$." What are your grounds for making this statement??? How many are some?? 2? 3? 10? 500? 1,000's? pr