Philip Rogers

Anybody know why those stupid smiley faces show up when the letter "b" should be there instead? pr

bob, we musta stomped the same boonies. Pleiku(red dirt), Plei Me, Duc Co, LZ x-ray, Ia Drang, Tea plantation, rife range, An Khe, Bong Son. me, 9/65 - 9/67. Welcome home! pr,

A friend sent me this link for VN research links: http://www.cc.gatech.edu/fac/Thomas.Pilsch/Vietnam.html pr

MRRRR5: Thanks. Couple of more questions. When did she first become disabled and stop working?? What was her work history prior to that?? Thanks! pr

MRRRR5: What was the date the claim was filed?? What date did you use as disability onset date?? What date is on the decision?? Thanks! pr

MRRRR5: can you post or email me a copy of their decision. VAslayer2002@yahoo.com The important thing is the date of disability onset. Bear in mind, they, like the VA, "lie." Not necessarily lie but don't know, so they give misinformation. pr

TS, glad to help! pr

Sorry Berta, but in "my" opinion, don't use Allsup. They are lazy and only take the easiest claims that are almost impossible to lose. My sister went to them, they signed her up, reviewed her claim and sent her a letter canceling their representation, wasting about 3 months time. She got an SSDI atty, in our area and won about 36 months of retro. She filed her claim about 5yrs after her disability started. She won last spring and the ALJ established her disability date as 9/11/01. He verified it thru SSA, because she had no income since then. Tssnave: Anyone who hasn't worked in yrs must use the day after the last day they worked as the disability onset date. As they, SS employees, cannot be held responsible for errors, nothing they say over the phone should be considered true. What they did for you was stop you from filing your claim. File it today and don't let them talk you out of it. pr

The travel office, at the VAMC, where you are normally serviced should be handling your mileage. Call them to confirm and send your NOD there. It should be processed like any other claim, including going to the BVA, if necessary. pr

Depends on how bad the scar is. Visible scars, especially on the face and neck, usually get rated higher. Otherwise scars are usually rated on pain, numbness, and disfiguring level. It could be 10% or more and may allow you eligibility for purchasing VA life insurance. pr

If you are receiving more than $674, if single, $1011, if married, from the VA, you would be ineligible for SSI. A few states subsidize SSI, in their states, but it's not much more. You should apply for SSDI, using the day after your last day of working as your disability onset date. If that was in '93, and you were 22yo, at the time, your quarters should be waived, as only minimal quarters are required, at that age. You may want to get a good attorney, specializing in SSDI law. Not all are the same. You can try http://www.nosscr.org for someone in your area. SSDI will probably deny, initially, and you'll probably need to appeal to the ALJ level, to win. Will probably take between 2-3 yrs to resolve but you should prevail. pr

Oral complaints do no good. "If it isn't written it didn't happen!" As with all VA issues you have the right to appeal. File a NOD w/the travel office on the amounts paid. Certified, return receipt requested. You should know all this by now. pr

robert51: I'm 100% for PTSD, rated back to the first day of my original claim, via the BVA appeal process. I think it's almost impossible and the reason I say this is I vaguely remember seeing either a BVA or CAVC appeal, probably BVA, that was denied because the the claimant was TDIU and according to the VA, since the benefits are the same the issue was moot. So it was denied. I disagree because of the HB/A&A issue and the fact that some states award benefits only to 100% vets. pr

If I were you, I'd skip the retirement and wait until you reach full retirement age. SSI will be reduced by any income you receive. I can see no benefit in receiving retirement. pr

Chuck75, I'm fairly sure, SSA bases the amount paid on the previous 10 yr period and uses the highest income levels, of 5 of those yrs, to determine how much the claimant receives. pr

Allan, good post. I've noted for yrs VN vets dying at an early age. I'm 63 and figure I've already beat some of the odds. You can bet somewhere the insurance industry has the statistics on VN vets life expectancy but I haven't been able to find it yet. They, the Govt, lied to us but I'm still proud of my service. Actually I don't have much use for anyone who hasn't served. jmo pr

jbasser, thanks, that was it and as I stated, it's about the overall average paid per vet not the rate paid them. The rate is the same everywhere. Thanks again! pr

Domepeace: absolutely, file the new claim now. The VA starts a temp file, at your VARO, to store any of your evidence, etc., when your c-file is elsewhere. A widespread rumor was that "when you file a new claim your c-file is removed from it's position in the claims order and placed at the end" but that is pure BS, probably started by the VA to deter more claims being filed. ;-) File now to protect that early claim date. pr

broncovet: I disagree with your statement that "Il, and Indiana pay Vets about $4000 per year less than Vets in New Mexico or New England (according to the Attorney General's report)." Could you "please" post a link to back up this statement. To the best of my knowledge the VA rate is the same nationally and internationally. I believe that report either pertained to vets awarded claims vs vets denied claims, or those vets received more SMC but the basic rate is the basic rate. Thanks! pr

Personally, I'd file for an increase in your PTSD rating and for TDIU, now. Then work on getting the letters from you counselors. jmo pr

Paul, I'd love to get 10% of all the claims that I could win that never had decisions prior to 1989, when they started the Veterans Court, especially from the 60's & 70's. Nah, make it from WWII, then I could buy me a car company. I'd bet there are a lot of errors. LOL pr

Betty, wings is really pointing you is the right direction. She's right on the money. It would be great if there was never a decision made on the 1978 claim cuz that would be a pending claim. They've admitted it was made, so you should try to find the decision notice of the 1978 claim. If there is/was none, the possibilty remains open that the award could go back to 1978. There is also the possibilty of a CUE but that "may or may not" be a long shot. The only error wings made(sorry wings) is that SS can go back to before the date the claim was made, by up to 17 months, or further, if the ALJ/court orders it. pr

John, sorry but I'm dropping out here. Purple suggested you wait before filing another claim. I so disagree w/that!!!!!!!!!!!!!!! You need to file for an increase, tomorrow. Waiting is stupid, period. jmo pr

I'll let wings take the point on this one, as she's pointing you in the right direction. pr

Hey John - Airborne, all the way!!! They might make interesting bathroom reading? Seriously, you should review them, checking for errors and omissions. Also, always keep them in the original order you received them in. Number the pages, if you have to. This is especially important in the c-file records. I'd file for the increase, tomorrow, as there's no reason to wait. If you wait until the following week, it could cost you a month of increased benefit, when you win. JMO! As for the failure to file the NOD, I'm afraid the only way around that that I know of is if a CUE was made, in that last decision. You may be able to sue your SO but only if he or she committed, basically a malpractice, in failing to file it when you requested them to do it. Personally, I have no use for most SO's. pr