Philip Rogers

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

Why is that and why would you make a blanket statement like that without an explanation? pr

I believe you can add your TDIU claim to your BVA issue but you need to send it directly to them and you must waive it being rated by the agency of orginal claim (ie: your local RO). Getting a statement from your shrink stating that "you can't work" would be favorable evidence. If you are taking excess sick leave you should gather evidence of that to submit w/your TDIU claim. I helped a friend w/his claim and w/his excess absences we were able to get his TDIU effective beginning the day after he medically retired. pr

FYI, the link I provided was the complete opinion memorandum also, but I guess no one liked mine, so I've deleted it. pr

Shark, I would think you could rescind your traditional appeal request and request a DRO hearing instead, now. Your traditional appeal process will probably take about 2 yrs before the BVA even looks at it and stands a good chance of being remanded. I project about 4 yrs until a decision, that way. A DRO "could" be faster and more favorable. CUE is out of the question, at this time. Personally, I'd appeal the 7/08 decision awarding 50% for PTSD and the 10/08 TDIU decision. Additionally, I'd use "grave procedural error" on the clear and convincing evidence. As for the atty wanting the c-file directly from the VA, he just wants to be sure he has everything the VA has. Some clients may withhold parts of the file. Additionally, he needs to see that everything done in the file was done in proper chronological order. At this point I don't see an atty being able to expedite your decision in any way. jmo pr

Now you're confusing me. You said you filed a NOD, w/no mention of a DRO. If you appealed the 10%, within the one yr appeal period, and you win, they should go back to the 2/08 date. pr

No problem. I figure I volunteer my time here and won't be wasting anymore of my time responding to your posts. Good luck! pr

Probably 4/08 but it looks like your increase to 10% shoulda been 3/08. With a claim for increase they "can" go back up to a year w/good medical evidence. pr

The examiners are supposed to review the c-file, before the exam. Whether they do it or not is another matter. If the file is small they probably will, however, if the file is extensive, probably not. They will however state in their report that they did. pr

If you get SSDI now or anytime before retirement age, you will be paid at the full amount you would have received had you continued working until full retirement age. 66 in your case. The only time it is reduced is if you take early retirement at age 62 and then it is about 69% of what you would have received at full retirement age and that payment stays at the reduced rate for life. I hope this answers your question. fanaticbooks is correct, disability changes at retirement age and then comes from the retirement acct, rather than the disability acct. The rate stays the same. pr

I guess the only way to find out is to find someone who was receiving SMC 40+yrs ago. While I love my country I don't trust my government. They'll do anything they can to back outta their contract w/us. jmo pr

Yes, that is okay to do it that way, although the VA may want to get them directly from the doctor, as they don't "trust" us. pr

WHOLESALE, don't make the assumption the VA already has your records. Tell them that the VAMC has your records and sign a release for them to get them. The VARO and VAMC are two different entities and as such you need to tell them of those records. Never assume!!!!! pr

I know and when someone says "it's not about the money," "it is about the money." I have enough. Between what the VA pays me and my SSDI (about $900 a month) I am very comfortable. My needs are small, as are my wants and I never, ever, confuse them. I believe when they started paying mileage they paid actual mileage and at some point the VA changed their policy as a cost saving measure. I used to operate an ambulance service and had to deal w/Medicare. They tried that town to town mileage sh*t but I won. The VA is screwing many vets. There are also vets, who live closer, that may be getting paid more than they should. I'd just like it made right. With all the programs out there like Mapquest, etc., they can do it right. jmo pr

Mike, you're not but suppose they changed to rule some yrs back? This vet had no other disabilities except PTSD and housebound and he was getting around $4800 a month, just from the VA. Just a thought. pr

SSI is supplimental security income and has nothing to do w/retirement but is like welfare for the disabled w/o enough quarters, for SSDI. SSDI is paid at the full rate you would have gotten if you worked until the retirement age of 65yo(or 66, for some). If you retire at age 62yo you'll receive about 69% of the full retirement rate for life. You need to work until full retirement age (65 or 66) depending on your age now to get the full rate. At full retirement age those on SSDI no longer get SSDI and are paid the same amount but it comes from the retirment acct, rather than the SSDI acct. If you applied for SSDI now and won you'd get the full amount. Your choice. pr

I would file the TDIU form now. It shouldn't slow down any pending claims and could actually help you get TDIU, sooner. pr

You can probably service connect(SC) this but you'll need some on-going condition evidence of the HBP. If you were seen by the VA during the 70's, there should be records of your BP, there. Contact the VA and request a complete copy of your medical records. Did the VA send you a VCAA letter explaining what evidence is needed to win your claim? pr

Very funny, Larry!!!!!!!!!! pr

I've heard of vets receiving just under $5000 a month for 100%+60%. I'm unable to find the rules for application of SMC in paying the claimant. I've never seen the verified payment amount to someone receiving payment but could conceive of the VA paying that amount in previous yrs but then starting a new policy of paying just the SMC rate as full payment. You'll notice the "k" rate is paid in addition to the basic comp rate. I can't see why someone would lie about something like that. pr

John, you should get something, w/the new rate being 41.5 cents per mile. It may only be a few dollars each trip, for those first 3 trips, each month, but that forth one, and those after, could pay for a visit to Golden Corral, using your senior discount, of course. pr

The VA pays employees "actual" mileage traveled when using their privately owned vehicles (POV) for VA business and generally at a rate that is more than we receive. We get paid USPS PO to PO, thereby saving the VA millions of dollars yearly. I'm fairly sure it didn't start out this way but was eventually reduced to this method, as a cost saving measure. I'd like to find an atty and see what they have to say. pr

I'd recommend Robert Chisholm, out of Providence, RI. Alex, always recommended him. If you file w/the court, you'll get a number of attys contacting you, looking for your business. CAVC cases take around 2-3 yrs and if you win the case is usually remanded. jmo pr

Thanks, Berta! I was thinking along those lines but I don't see a need to apologize. jmo pr

Ok, Berta, what's the DOM? Can't figure that one out. Thanks! pr