Philip Rogers

Yes, they always pay after the end of the month, on the first of the next month, except when the first is on a Sat/Sun or holiday, in which case they pay on that Friday or the day before the holiday, such as this Wednesday, the 31st. Yes, you should get a deposit on Wednesday, Dec 31st. pr

Without seeing the actual decision, I can't offer an opinion. It is possible the VA erred, tho. I would calculate 26 months. You get nothing for August. September is paid on October 1st and December 2014 hasn't ended yet. Then again, I've been known to err, making me human! jmo pr

Oops, forgot to mention, at the time they awarded TDIU, they were required to consider/discuss the HB and A&A, SMC "s" award issues. Failure to do that means that claim is still open. pr

I would request P&T based on the fact that you've had PTSD for more than five yrs, without improvement. In fact it's actually worsened! They should award it but remember the VA considers it a claim for an increase and the VA can look at your whole claim again. I never worried about things like that, as I always knew my claims were valid. As for the alcoholism, secondary to PTSD, you made the choice but it was based on trying to minimize the affects/effects of your PTSD symptoms. I am SC for alcoholism but it took me a while to win it. There is no extra money but any residuals/damages to your body's systems are then covered and could be rated. pr

When a 100% scheduler rating is awarded, they are "required" to consider Housebound(HB) and Aid & Attendance(A&A), which are Special Monthly Compensation (SMC) "s" awards, worth an extra $340 monthly, plus or minus. Failure to consider/discuss this, in the decision, means that part of the claim remains open. Many w/PTSD don't leave their home very often and could not leave their home, to work, 8hrs a day, 5 days a wk. pr

Okay, they awarded it in 2013 but what date was used for SC?? Was there a lot of retro?? When I won my claim, it was awarded in 9/99 but they awarded it back to 4/89. Lots of appealing but I won in the end. pr

They start w/the highest rating, then since you are 70% disabled, that leaves you at 30% remaining of the whole person and then they take 20% of the 30%, which equals 6%, which is added to the 70%, making 76% which is rounded up to 80%. pr

I agree those trackchairs are great!! I see you are rated 92%. Have you applied for TDIU, or are you still able to work?? If not, you should apply for TDIU. It would be a nice little increase in your income. jmo pr

You can claim the alcoholism and the injuries, as secondary to the PTSD. Is the 2013 date the date of your original claim, or did you file the claim back in 2005?? Also, when they awarded you the 100%, did they consider or mention a housebound/A&A, SMC "s" award?? They should have. pr

P&T does qualify for Chapter 35. I failed to clarify that in my post, above. Thanks Iraqx2! pr

Yup, what Tbird said. Usually FDC's are done within 6 - 9 months and possibly even less. I've heard of some done in 120 days. The problem with your FDC (claim) is that it sounds like you haven't had a C&P exam, yet, and therefore you could be denied the first time around, due to the lack of diagnosis. Your counseling should be set up fairly quickly. You can also be seen at a Vet Center, near you, and if there isn't one close by, they also contract w/local psychologists for private and group sessions. I recommend Vet Centers because, although they get their funding from the VA, they are separate, from the VA, and easier to talk to. You'll need a C&P exam, by the VA, who will need to diagnose PTSD, even tho your current shrink already diagnosed it. It'll be very important that you meet the criteria. You may want to review the criteria, ahead of the exam, and make a list of the symptoms you have, so you don't forget. All vets are different, as are their symptoms. You should be sure to tell them the truth, at the exam. Try not to minimize your symptoms, especially things such as suicidal or homicidal ideations. Those are very common in PTSD vets. Welcome to Hadit. Sorry the Army was full and you had to settle for the Marine Corps! ;-) (just my inter-service humor kicking in) pr

You don't say how long you've had the PTSD diagnosis. I received a 100% rating, w/P&T, at age 54, dating back to when I was 44yo. So yes, it is possible. pr

I finally remembered - ALLSUP was the firm that denied my sister. Their loss - she won!!! pr

Most, if they feel you have a valid/winnable claim don't require any up front money, preferring to have you sign an agreement, for the percentage of past due monies allowed by the SSA. If they require any money up front, other than a $25 or $50 one hour consultation fee, I'd find another outfit. They basically put a lien against your winnings, then the SSA withholds about 25% of your retro, paying you the other 75%, then pays the attorneys and then sends you any balance. Their fee is limited by the SSA. For hearing loss the Blue Book uses the levels posted below to determine disability: 2.10 Hearing loss not treated with cochlear implantation. A. An average air conduction hearing threshold of 90 decibels or greater in the better ear and an average bone conduction hearing threshold of 60 decibels or greater in the better ear (see 2.00B2c). OR B. A word recognition score of 40 percent or less in the better ear determined using a standardized list of phonetically balanced monosyllabic words (see 2.00B2e). They are also more lenient on claimants 55 yo or older. pr

Buck52 - you should be all set, if they'll take your case. Mine was a one lawyer office, w/a secretary. Sometimes those large firms won't take cases because they may be a little more work than they want but that's usually the screener's fault. pr

Gastone - that's the problem. The VA and the Service Org's work against the claimant/veteran. Anyone filing a claim should always include the phrase that "they are seeking the maximum benefit(s) allowed by law." They should always ask for dependents benefits and Chapter 35, with their filing of the claim. I would love to review all VA claims for the last 70 yrs for just 2% of what I could recover. I'd probably be a billionaire!!! Even the training of new SO's is guided by the DAV, who we know supports the VA, not the veteran. My pet peeve is the 4.16(a) notice. It's designed to screw the claimant and make s/he think they aren't qualified for TDIU. It is absolutely "intentional," on the VA's part! pr

Yes, you can, once you've had it for 5yrs, w/o improvement. You could claim the head injury, if you are service-connected (SC) for the self medication (ie: alcohol or drugs). pr

I've had experience w/three ES TDIU claimants and all won. All had to personally request the ES TDIU rating. If the claimant doesn't request the ES TDIU rating, the VCR will send them a letter denying TDIU, if they don't meet the 4.16(a) requirements, stating the criteria for 38 CFR 4.16(a). They will not mention 4.16(b), period. pr

Have you checked with www.nosscr.org, like I suggested?? That's how I found mine. pr

I've found that most of the firms that do that advertising only take the cream on the top. They use paralegals to screen the possible cases and only take slam dunks. I can't think of the name of the one my sister tried to have represent her but they denied taking her case. She found a local female attorney, specializing in SSDI law, and won in under a yr - about 3.5 yrs retro. Well worth the fee she charged. jmo pr

I would file the NOD on Monday, submitting w/it any additional or new evidence you have. That protects you. Like Gastone states, submit it yourself, certified, return receipt requested. Don't rely on any VSO you may have. jmo pr

When I was appealing my claim I used the VA VocRehab office to help me win. They tested me and decided that due to the severity of my PTSD I was "unemployable" and that VocRehab wouldn't help me. It was just one more probative piece of evidence that helped me win. It would be nice if the VA was really non-adversarial but in real life that's not the case. During my appeal period (1989-99) I lost 2 houses, my 3rd wife gave up and divorced me, plus I had to file Chap 7, bankruptcy. If the VA had just been fair to me I wouldn't be here helping other vets. Stupid VA!!!! jmo pr

Buck52 - none of those documents should count against you or your claim. You can contact your SS office and request to come in and view your file. If the file is elsewhere for storage, they will request it be sent to their office and notify you when it's there. You can go thru your file and request copies of whatever you need, at that time. Whatever you do, please pursue this! I can warn you about attorneys - some will say they don't want the case - you don't stand a chance, but that's BS. A good representative/attorney can win your claim and because of the previous denials will receive the max allowed by SS(which is somewhere in the $6300 - $6700 range, I believe). The first atty, I used, lost my case because he wanted his new hire to get some experience. She had just passed the bar exam. They cost me 2.5 yrs of benefits. Another time, I saw an atty when I slipped on ice & fell outside someone's business and he told me too bad, so sad, but this is VT and ice and snow happen. I got another atty and got medical paid for (about $10k) and $15k+ for pain and suffering. So always seek another opinion! Just so you know, I don't sue people for a living. Some friends think I do and say they're not like that. To which I add, nope, you're just stupid! ;-) Check w/www.nosscr.org for someone in your area. pr

Buck52 - the difference between SSDI and regular social security retirement (SSR) is about 30%, so in your case about an additional $325 a month, for 4 yrs. Or about $15,600 and you would be eligible for Medicare in two yrs. That figure doesn't include any retro money, an attorney could win for you, either. I was lucky and found an attorney who knew her stuff. I first saw an attorney, who taught, at the VT law school, and told me I didn't stand a chance. The attorney I signed up with won my claim in about 6 months. I received $51k retro and she got about $4700, the allowed rate, at that time, for SSDI claims, for about 10 -15 hrs work. My claim had been denied about 7-8 yrs, prior. You should absolutely go for it. Especially if you've received written denials on earlier claims. They may be your saving grace. You really need a good lawyer. No one can receive SSDI who hasn't worked, except for a child who becomes disabled at 22 yrs or younger. They can collect against their father's earnings. Those you know probably receive SSI (kinda like social security welfare). benanna - SSI is supplemental security income and is for claimants who have never paid into the SS system or don't have enough work credits and is income based(offset). SSR is social security retirement. All SSDI becomes SSR at age 66, the current full retirement age. SSDI changes to SSR, at 66yo, and the claimant can work, at that point, if they can. The nice thing about SSDI is that it pays the full retirement rate from the beginning, where early SSR pays a reduced rate by about 30%. Buck52 - please, please, go after it. You may have trouble finding a good attorney, at first, because most want the easy cases but w/the VA award, it should be a winner. SSDI has a 4yr appeal period but a good attorney knows how to get around it, especially if you have any mental conditions, where they could claim you had a diminished capacity, at the time, and didn't understand the rules. jmo pr

I would suggest finding a good lawyer, specializing in SSDI law at www.nosscr.org. You should be able to find one who, based on your previous denials and your TDIU win back to 2002, should be able to win the claim for you. I believe there is a 10 yr rule on the work period. I doubt you could win this on your own, unless you purchased the complete SSDI law books, I purchased some yrs back and did some serious studying. At the time they cost me about $800. jmo pr