Philip Rogers

Betty, you do need to go to your RO and view your c-file and find those documents. You should also request an updated copy of your c-file, specifically any & all of the documents added since your previous request. They are free. If you request a complete copy of your c-file they'll charge you for it. pr

Betty, I used the word "appears" because I have not seen the evidence but they state it. Do you currently have a complete current copy of your c-file?????????????? "I've assumed you do." If you don't have evidence of your claim in 1978 or 1992, you need a current copy or need to file a claim regarding destroyed evidence, because they've admitted they have it. jmo pr

Betty, I don't understand what you mean by a "legal document." It is evidence of what the VA thought, at that time. It also appears there is evidence of a 1978 denied claim and a 2002 denied claim, somewhere in your c-file. pr

Betty, have you been receiving Pension since 1983?? Or have you won retro pension payment to 1983?? Or did they just award pension in 2003 but establish the 1983 date with no pay?? Is it for the same condition?? pr

Betty - a couple of things. You should file for SSDI, using your 1983 disability date. You probably had enough credits, then, and you should be sure they give you credit for your military service. Also, if the VA gave you pension, for the same thing they are now SCing for, you should appeal your decision. They may have awarded the pension w/a 2003 date, because maybe that's when you applied, but they accepted the 1983 disability date. The SSDI claim will need to go to an ALJ but you should win, with the evidence I've seen. That doesn't mean the ALJ will go back to 1983 but might. I see the 2005 award date as just a random date picked to coinside w/the BVA judge's decision or something near it. jmo pr

VA has established that you became TDIU on 4/12/05. Note the VA stated that you "have not worked" since 1983, not that you were disabled. If you've been disabled by SSDI, since 1983, for the same SC condition(s), that the Judge stated you were disabled from, I would appeal the VA's 10% award and request the 1992 date. If I recall, correctly, you have evidence that you were disabled back to 1983. If that's the case you could appeal the BVA judges effective date and request an earlier date. If you have SSDI evidence for the same condition back to 1992 you can appeal the stepped rating they awarded you, also. jmo pr

hawkcrewchief: I'm sorry but yes they do make it hard for you and they do want you to give up. Also, you only need one verifiable stressor. The verifiable stressor thing is just another way to deny your claim. How many of us kept diaries and they know that. Spend about $135 and purchase the Veterans Benefit Manual and you'll win. You can find a link to it at www.nvlsp.org or is it .com, I don't remember. It tells you how to argue "the usual nature of warfare" write off thing. pr

Commander Bob 92-93', That is so true!!!! Looks what's happening to the rescue workers that worked at ground zero, they want them to prove their cancers and breathing problems are a result of working there. That's pathetic. The show was good but nothing will happen. Same stuff different day. pr

TS Snave and John999, Under due process rules, I doubt the VA could get away w/that. Anytime the VA makes a decision they are required to notify the claimant of the change, thus allowing the claimant to appeal the decision. Now I could see how the VA might still do it but the claimant would prevail under failure of due process. jmo pr

As stated previously, you are never safe until you reach the 20 yr mark. The VA can and sometimes does schedule another C&P under the pretenses "that your condition may have worsened" and like the good VA they are, they are looking out for you. They only do that in an effort to reduce your award. They also routinely try to reduce anyone discharged, from active duty, within the past couple of yrs, that was awarded 10% at discharge, under the pretense that they've gotten better. Just another ploy to save the VA money. I believe most 10%'s don't fight the reduction, figuring they were lucky to get the 10% in the first place. jmo pr

He should get an atty to appeal the SSDI denial. As for the student loans, if they were federally funded or from his state, they can be waivered. They waivered all my student loans when I became 100%, about $30k's worth. Have him contact the student loan administrator, in his state, and request a waiver form. pr

If the claims are valid claims, I would continue their prosecution. As jbasser stated you can receive an increase in income, in the form of SMC, which could be an additional $300+/- a month. jmo pr

Wings, jmo but I'd hold off on an atty, at this time. You can appeal, their decision, w/an atty, later, if you disagree. I still feel it's a winner but also believe they are not going to give up easily, due to the size of the award. I realize the waiting takes it's toll but at least you have 100% income, while you're waiting. Again, jmo. pr

skunk, if you are now rated 30% for the same condition that was denied in the '71 claim you can file a CUE. It will be difficult to win but can be done. I helped a friend (Korean war vet) win a CUE claim back to 1953. He had filed a claim within a yr of discharge (1953/1954) that had a final denial on it, that the VA later awarded SC, in 1992, and we were able to CUE the award back to 1953. They only gave him 20% which was around $35k retro. He was happy!! pr

skunk, if your wife works full-time, you are probably better off w/comp, which is why the VA probably said that. disabledveteran, jmo, but if someone is on pension they shouldn't be wasting their money on the lottery. pr

The important thing is the CUE was granted and that's no money,"yet." No one said it would be easy. I understand why they denied the EED but you should consider it just a bump in the road. I still feel it's a winner!!! jmo pr

Kewl!!!!!!!!!!!!!!!!!!!!!! pr

The choice is yours, as to which you want to receive, not the VA's. I would think you would pick the one that pays the most, monthly. Pension is currently $985 a month, if you don't have any other income. 30% comp currently pays $376 a month and other income doesn't matter. If you take the pension now and win retro, on other comp claims, the VA will recover the pension from your new award. I survived on pension for many yrs, before I won my 100% retro. My award was reduced by what I was paid in pension but I wouldn't have survived w/o it. The choice is yours. jmo pr

The VA made it's decision. Who are we to decide? We weren't there and have no other evidence other than your "heresay" statement that he was drunk. My opinion, you should let it go. Even if he admits to being drunk "was it willful misconduct," at the time of the accident?? jmo pr

Terry , a friend's sister was awarded by ALJ, w/o a hearing, in late 5/08. She received her award notice early 6/08, started receiving monthly checks in mid 7/08 and retro wasn't received until mid 9/08. Her lawyer was paid even before she started receiving her regular monthly check. I think it varies case by case. You can call the local SSA office and they can give you an idea. pr

I was helping a friend file his claim, online, yesterday and noticed that the instructions for date of disablity onset state that if you don't know which day of the month you last worked you should use the "2nd" as the date. By doing this SSDI screws you out of one month of benefits, since benefits start with the first full month after your disability date. I would recommend, when in doubt, you use the "28th" day of the prior month. jmo pr

I know a great system. Do your job properly, keep your job. Do extra, get promoted. Fail to do job properly, you're outta here and someone else is hired. Guess that's too old school, tho. jmo pr

I don't know of any job that pays you in advance. Increase will show up in the 12/31/08 check/deposit because 1/1/09 is a holiday, as always. pr

Emelita, my error. I guess you do understand. But the VA is right, based on his service dates, you are ineligible for that benefit. It appears the DVA officer, in Everett, WA, was in error. For some reason the VA established two separate periods for the VN era. You can reapply but will most likely be denied. pr

Emelita, I think you are misunderstanding and if not I apologize, for my error. They could have been stationed stateside during a war period and they still get the wartime benefits. They don't need to have been in Vietnam or in battle or any other country, they just need to have served "one day" during the wartime period. Your husband missed that period. For some reason the VA made two different periods for the VN war. One for in-country vets and one those who served elsewhere. That death pension is an expanded benefit and is only for wartime veterans/widows only. Veterans serving during peacetime aren't eligible. I hope I explained that correctly. pr