Philip Rogers

Not to step on anyone's toes but I've added a few corrections, below: pr

Carla, I basically answered all this at the link you gave me. pr

Carla, the bronze stars represent each campaign in VN. I think there were about 16-18 of them. When I was there we were told one star for each 6 months, we were there, but that was wrong. If you search VN campaigns it'll name them. Typhoons are easy to verify. I helped someone, here, a Gary somebody, prove his typhoon. Additionally all other "documentable" stressors are easy to verify. A clamaint does not have to have been "in combat." The AF published a book of all raids on AFB's in VN, which verify stressors. Have him call the archvists, in College Park, and they can help. They don't work for the VA. Here's a link to College Park: http://www.archives.gov/dc-metro/college-park/ I've been there - even met a Hadit member there. It's so great!! Hugs, girl!! pr

Carla, I did and chose not to have a new hearing, w/the new judge. I was denied. Maybe I should have had a new hearing but who knows what the turnout would've been. I know my first judge was very fair and did award me ten yrs retro but the evidence was there. I'd estimate it took 12-18 months. I'd guess it would take at least another year to get another hearing. I don't believe you are moved to the front of the line. pr

Carla, was he qualified w/the machine gun? If I recall correctly, machine gun qualification, back then, was done in AIT. Non-Infantry didn't receive training in the M-60 or the 50 caliber. Not positive on that, as memory is failing these days. As for records, he can find reports on the crash, company rosters and the daily logs and journals, which should document the incident, names of deceased, injured, etc.. The problem I see is many claim to have friends in crashes or other incidents, they recall hearing about or seeing, especially when they could receive $2673, or more, a month, from the VA. Documenting stressors is really easy thru the National Archives, is faster than waiting for the JSRRC, and traveling there is the best way to do it. One merely needs to pick a time period and start researching. Each command kept daily logs and journals and once you locate an event, near where you served, you just keep checking the logs and journals, down to the company level. The archivists are extremely helpful. A claimant can save a year's wait by going to the archives themselves. If he doesn't remember he can find one thru the archives. I was looking for orders, for the Vietnamese Jump Wings we were awarded, after a jump for pay, in Nov '65, and found most of my platoon had been awarded Bronze Stars, when they returned to the states, at their new commands. I stayed for another year so no BS. Had I returned w/them I'd probably have one, not that it matters, cuz to me it just cheapens the award. As a footnote, no orders for Vietnamese Jump Wings were found because foreign awards generally aren't carried in our records, except for large unit type awards, which would be confirmed as General Orders. The campaigns you listed were just general campaigns and are carried as stars on the VSM but don't relate, in any way, to combat. pr

Carla, welcome to the real world! Yup, that's the way it is, you have a choice of having a new hearing, w/the new judge or letting them use the previous hearing info. I believe this is to protect you from bias. jmo This is just how the VA operates. RO's don't properly adjudicate claims. They are eventually appealed to the BVA, where many are either denied or remanded, thus dragging it out for many more yrs and many vets giving up. I'm sorry dear lady!!! In the mean time the gov't doesn't have to pay. And people wonder why there is such a backlog of claims. I'd bet half a dozen of us here could do a better job and reduce the backlog in a couple of yrs. Again, sorry but never give up!!!! pr

wtf? Bad enough we have to learn VA speak but Buno? Bump? Guess it's "my bad." jmo

Carlie, great post!!! Alex always gave the best advice! He is certainly missed. pr

I helped a VN combat vet friend with his claim and just got his award letter. They awarded him SC for generalized anxiety disorder with depressive features (claimed as PTSD), at 30%, and stated he didn't quite meet all of the diagnostic criteria for PTSD. I think we'll appeal, once we get the C&P results and his complete c-file. I believe he meets the PTSD criteria but, for now, he's happy. pr

Yes, if only the VA was pro veteran!!! pr

rentalguy1, I helped one vet get TDIU who had been 50% for over 15yrs and had been helped by a congressman, twice, but denied because 50% was the highest allowed rating for his skin condition. Claim went to the Central Office where they raised his disability to 60% and gqve him TDIU, retro 3 yrs. Took a yr. He didn't want to appeal for the other 12 yrs. Helped another get TDIU who had a fulltime job, at the same employer, for 28 yrs. He had lotsa lost time over the 3 yrs prior to the TDIU award, which helped. Just before the award he medically retired. Also, helped a vet who was threatened with a reduction from his 60%, beat the reduction and get awarded TDIU instead. There's 3 cases. pr

Also, I believe, you can call the National Archives and have one of the archivists research for you, for a fee. If you lived closer I say go there yourself. It's really easy to find the needed stressors, if they are related to the VN war. pr

The VA says that because it's the easiest way to clear your claim, thus getting one attaboy for the adjudicator and allowing him/her to move onto the next claim. The sooner you file, the earlier the ED is. You could lose months/years waiting. You might consider getting a copy of your SSDI file and seeing what evidence is in there that could help. It's your choice. I won't comment again on it. jmo pr

RickyO - IU is individual unemployability and TDIU is total disability based on individual unemployability, which currently pays $2673 a month for a single vet. pr

Stressed11 - you don't need to be 60% to apply for TDIU. You can apply with any percentage if your SC disability keeps you from working. See 38 CFR 4.16 'b'. pr

cg, I don't understand this post. What are you seeking? pr

Yes, you can. pr quote name='DC1775' date='Apr 5 2009, 03:11 PM' post='139082'] Hello Friends, I have a question about CUE and filing a NOD. I'll try to explain and ask it as clear and simple as possible... but you know the way the VA is...nothing seems simple and clear! I filed a claim for a service connected disability in 2002. It was denied and I did not appeal. I filed a new claim for the same disability. It was denied a few times...but finally granted a couple months ago. I was granted 30% but I think that my claim warrants 50%, so I plan on filing a NOD to the 2009 decision for an increase. Since my claim was finally granted, I'd like to reopen my claim from 2002 -- based on CUE. Can I file a CUE and NOD in the same claim or do I need to file a an informal NOD and a completely different claim for CUE? I'd appreciate any advice that anyone could offer! Semper Fi B)

Thanks!! I usually use the "Statement in Support of Claim" form, for address changes. pr

Meddac, it's my understanding that only a GS-11 or higher can access my c-file. True or false?? Thanks! pr

Whoaaa! I took so much from Meddac's post! My interpretation(sp) was the following: 1) Asking for more (an increase) opens your claim for more scruntinity(sp). 2) in doing so you could lose what you have. 3) He feel's bad that the claimant "may" lose their benefits. 4) He wishes someone else got the "digit" (I still like finger, it fits). 5) Had this claimant not requested an increase they may have continued to have a content life. Let us not chase another VA employee away who can give us incite(sp) as to the VA's way of thinking. I'm hoping LL is enjoying his retirement and is happy w/his decision not to be here anymore! And now, the rest of the story . . . which should be pending, today. I think I've been here about 15 yrs. jmo Forgot to mention "I like me!" pr

Thanks, Sharon, for the correction but finger still fits and I like it better. ;-) Guess you must be an "insider" too, to have that knowledge. Thanks again! pr

Hey Wings - digit usually means finger. I read Meddac's first entry and finger fits. jmo pr

Red - here are the rates from the VA's website: Basic Monthly Rate = $1154 (38 U.S.C. 1311(a)(1)) Additional Allowances: a. Add $246 if at the time of the veteran's death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311(a)(2)) b. Add the following allowance for each dependent child under age 18: * Effective 12/1/08 $286 per child (38 U.S.C. 1311() c. If the surviving spouse is entitled to A&A, add $286. (38 U.S.C. 1311©) d. If the surviving spouse is entitled to Housebound, add $135 (38 U.S.C. 1311(d)) *DIC apportionment rates approved by the Under Secretary for Benefits under 38 CFR 3.461( will be the additional allowance received for each child.

"Address correction requested" Or "address service requested" on an envelope brings a corrected address, if it's within one year of the change. pr

Meddac, there you go, confirming my feelings that the VA isn't there to help. If I wanted an address update I'd check w/the USPS but not the VA, they look everywhere but where they might find it. That way they give the appearance of being helpful to veterans. Doesn't surprise me but then I'm cynical, when it comes to the VA and that's due to yrs of dealing w/them. jmo pr