Philip Rogers

Buck52 - you keep throwing in the 10 yr thing but that's only on Chap 35, educational benefit, not the ChampVA. If it were me I might have her apply for SSDI. She would have to wait until 2yrs passed to be eligible for Medicare but that's from the date they find her disabled. Depending on how much she earns she may still be able to work. jmo pr

Buck52 - when I stated ''It's not the VA fault she didn't use the benefits,'' I was referring to the Chap 35, educational benefits. ChampVA usually pays 75% of the allowed amount and she would have to pay 25%. It's still a pretty damn good health insurance policy, w/no premium!!! The problem is that the VA can't bill ChampVA - same w/Medicare. For a number of years she got free care from the VA and if it were me I'd be thankful for that. The VA just recently cut back on treating spouses. jmo pr

The general rule, for your spouse to receive Chap 35 benefits, is that she has 10yrs to use it. So, she had until 2013 to use her Chap 35 benefits. I believe that once you "die" they give her another 10yrs of Chap 35 benefits, as part of her spouse/DIC benefits. If there was a period during that first 10yrs where she was physically unable to attend classes, they may extend the deadline, if requested. It's not the VA's fault she didn't use the benefit. As to the VA treating her, it's up to each VAMC, whether they want to allow her to be treated there. She should still be able to use her ChampVA, for treatment, outside the VA. pr

You won't owe anything to SSI but you should keep the SSI amount for January, and not spend it, just in case. The VA may pay you the difference between your SSI ($731) and the VA pension ($1037), which is $306. The VA generally tries to have SS pay their part of it but since it's SSI and not SSDI, they may just pay the full amount of $1037. If you get any additional SSI payments, you will need to pay the additional payments back. pr

I would interpret it to mean either the patient didn't appear for the exam or that the patient didn't report something. It could also be the examiners name. These are just guesses. pr

And here I thought the CMP was a misspelling of the C&P exam?? Rereading his post I still think he meant C&P because later he states "CMP examiner." As to the discharge, I believe they give a "for the convenience of the Gov't" discharge, in an effort to protect the VA/Gov't from potential compensation claims, but I'm not positive. Personally, I'd file a CUE claim, requesting that the VA CUE themselves, based on the erroneous code used. jmo pr

Go to www.vawatchdog.org for changes. As stated by Chuck75, a NOD is an appeal. I believe the VA is now requiring a NOD form be filed, for NOD appeals. pr

I've got a suggestion: How about "when someone emails the Secretary have someone who responds to the writer, that they've received the email and will follow up within X number of days." pr

diver - back to your original question. They could remove your SC but you also hit the 10yr rule, this yr. My personal choice is that I'd file for an increase in the bipolar rating, especially if you've had four hospitalizations, within the past year or so. I had a friend, who committed suicide about 5 yrs ago, that was rated 100% for bipolar. Also, if you receive SSDI, solely for bipolar, you should absolutely win a 100% rating. And you could possibly win that 100% SC rating back to the date SSDI considered you disabled. jmo pr

diver - the rule is "never say fine," because the VA is always looking to screw us. My personal statement is: "I'm still alive, if you can call it that." The problem is that claimants often present their best when going to a C&P exam. They dress up as if they are going to court, when they should show up wearing their worst. The veteran is watched from the minute they walk in until the minute they leave. Nowadays, w/all the technology, vets would be wise to wear a hidden camera/voice recorder to all of the VA appointments, just in case. jmo pr

Thanks for correcting me, I should've checked my VBM!!! I seem to get the 5yr and 10yr rules mixed up. Sorry for the error! pr

I'm fairly sure you fall under the 5 yr rule, which protects SC once you hit the 5 yr mark. Even if they made an error, they cannot take it away. They can try to reduce you, not likely, but they can't take away the SC. Someone will correct me if I'm wrong. pr

My opinion is if they gave you 50% for PTSD, then you should probably be 70% or 100%. The VA usually lowballs claimants. Back in '89 they rated me 30%, which I appealed and eventually won 100%, but I also wasn't working. jmo pr

I'm thinking more in the 10% or 30% range. jmo pr

I use my Medicare and my Medicare supplement, for most of my treatment, as I prefer that I continue to "live" a while longer. I do get most of my routine meds from the VA, tho. pr

johnwreno - that'll be simple, you refuse the exam and they'll deny you!! You don't have a choice, if you expect to win your claim. jmo pr

Yup, many people, who can't afford the necessities, spend their money on beer/liquor, cigarettes, scratch & megabucks tickets, casinos, junk food, etc. and then claim they can't pay their mortgages. I've been watching a documentary about the 2008 mortgage/bank crash, Unbelievable!!! The banks paid large fines - of course much smaller than what they made and didn't have to admit guilt. They should all go to jail. jmo pr

Thanks Berta, I learned something new!!! I'm just so used to the VA screwing the vet. pr

The paperwork will state you are considered P&T, or it may state that you have no future exams - it may state that you're family members may be eligible for ChampVA and Chapter 35 benefits. Any of those would make you P&T. However, the pay rate you stated of $976.13 is a 50% rating, w/spouse and one child. You can't be P&T unless you are rated 100% or TDIU. jmo pr

First, I'd get rid of the VFW SO. You need to send the VA a letter requesting an extra-scheduler rating for TDIU, in addition to the rating for depression. Don't count on your VFW SO doing it or doing it properly. Having an SO delayed my claim by 5yrs. jmo Also, as mentioned previously, you should apply for SSDI. pr

I agree w/John. He should check w/some type of legal aid. There are many outfits that would be able to assist him. VA lawyer . . helping . . . hahahahaha!!! That's a good one! jmo pr

He may have a claim against the VA. Generally someone needs to serve a certain length of time for VA benefits, however this could be something like a worker comp claim, as his injury was early in his enlistment. There is also an 1151 claim or a federal tort suit (can't think of the correct name at this moment). I would think he will need one heck of a IMO to tie the lymphoma to his basic training and the injections but I believe it is possible. jmo pr

My thoughts would be that that would be a COLA raise difference. Just a guess, tho. pr

Okay, looks like you have it all covered!! Just wanted to check. Best wishes, pr

I don't know. I'd go by what's in your account, not what ebennies says. pr