Philip Rogers

The SMC is a "k" award and currently pays $91 monthly. pr

Something to consider, the VA trains the VSO's. I believe they train them just to a level bordering incompetence. I've seen the book they use and it's pathetic, which is probably why most aren't worth a darn. When I first started, my claim, back in the early 90's, I asked the AL VSO, at the VARO, in Manchester, NH, to look at his copy of Title 38, to which he answered "what's that?" (and he'd been there about 15 yrs) Once I explained what it was we found a 20yo copy in his bookcase. He had no idea what it contained or what it was used for. pr

Thanks, Berta, that's what I was looking for! Guess I was wrong, on the 100%. pr

I seem to recall that anyone discharged, for PTSD, is supposed to get either 50% or 100%, SC comp, for six months. I think it's 100% but can't find the rule. Anyone seen this??? Thanks! pr

Seattle, I feel you should have filed an appeal. They won, again! Everything a VA employee says should be considered a "untrue" and all claims should be written and appealed, appealed and appealed. You might also get comp for underlying muscle damage, if there was any. I helped a vet get an increase for a scar on his thigh. I think he went from 30% to 50% for that but then we got him PTSD, w/TDIU, at the same time. jmo pr

I believe 38 CFR 21.3040 covers Chapter 35 benefits. Additionally, the money is a stipend and the claimant can use it anyway she/he wants but requires it satifactory attendance and grades. Age can be extended to 31yo and sometimes longer. pr

Yes, scars are ratable, however the prostate cancer would need to be SC'd. SeattleShay, as for the 10" scar, I'd apply. Remember, that by "telling" you that, you didn't apply. You lose - they win. They are experts of misinformation. Scars are rated for pain, also. pr

Tinnitus is generally caused by trauma, acoustic trauma, aka: loud noise. I believe that's what they may be referring to. Tinnitus was also caused by those large malaria pills we took in VN. It was one of the side effects but I don't know if it was temporary or permanent. pr

Chuck, I suggest the best way, if mailing it, is to send certified, return receipt requested, and make a photocopy of the front page of your document with the green & white certified number laid on it. This is fairly good evidence/proof of what was sent and then the VA's argument of "something was sent" goes down the tubes. Of course hand delivery w/date stamped received copy is always the best. pr

John, if the VA sent you a notice there should be a copy in your c-file. If not it wasn't sent. pr

You have a choice of electing to receive pension or comp. If you elect comp you will owe them money because they paid you too much, if you elect pension you will owe them nothing. The choice is yours, however by receiving a 30% SC rating you are now eligible for Voc Rehab, should you decide to use it and you can opt for the VA life insurance, if this is a new SC claim award. pr

I believe Kookie was the name of the parking valet, played by Ed Burns, on a show in the early 60's, entitled 77 Sunset Strip. pr

Here's a fairly good site that lists them by month: http://www.icasualties.org/oif/Details.aspx pr

I believe most documents are declassified after 12 yrs. More sensitive documents would be longer. pr

Yes, that is the last day he was eligible to file for SSDI and be covered. Had he applied after, that date, SSDI would have told him he was ineligible, as he would have lacked enough current quarters. It's either five or 10 yrs, from the last employment date. I believe it's five yrs. This is why, if a claimant became disabled more than five yrs before filing for SSDI, they use a disability onset date within five yrs of the last day they worked. Also, I believe, SSDI uses the annual income for the previous 10 yrs, taking the highest five and averaging them for the rate they pay the claimant. pr

I agree w/Berta, you should be okay, however, I, personally, would send them another letter, certified, return receipt requested, stating that you have received their fully favorable decision to continue your compensation payment, without interruption, dated ____, and as a result of that fully favorable decision you are rescinding your request for a hearing. You might want to enclose a copy of the decision, also, in case they lose theirs. It may not be needed but better safe than sorry! jmo pr

I thought they waited until the end of the fiscal year, rather than the physical year??? Please correct me if necessary. pr

Here's a link, although I don't know why you'd file one unless it was requested, in which case they'd have sent it. jmo http://www.vba.va.gov/pubs/forms/VBA-21-4140-1-ARE.PDF pr

Berta, a claim for one has always been a claim for both. I don't know that that has changed but I haven't seen anything that states it's changed. pr

jbasser, you are absolutely right! pr

Did you submit the form and receive a date-stamped received copy or was the DAV to do it??? I'd like to have faith in the NSO but . . . . . . . I'd request the hearing. No harm, no foul! I'd also add, in your hearing request, that if the proposed reduction is rescinded, in your favor, prior to the hearing, you will cancel the hearing request. Also, be sure to get a date-stamped received copy, of your hearing request, as things get lost, sometimes. jmo pr

It is extremely important, for veterans, to make sure the VA has your accurate address, especially since many now get their checks electronically deposited. Once the reduction starts it can be hard to stop, even if they are wrong in doing it. It can be devasting for the claimant, adjusting to the loss of income caused by the reduction, while they appeal it. jmo pr

john999, I agree, somewhat, except that lawyers usually get paid anyway, at the CAVC level, thru the Equal Access to Justice Act (EAJA). I believe the NVLSP has a program of attorneys, there, that do Pro Bono work, also. To me, this is just more DAV BS to make the DAV look good! jmo pr

Your right, you have 30 days to request the hearing but I'd do it ASAP. You'll want to request a "predetermination hearing." Good luck! pr

They should send you a confirmation letter/package. No required tour/sales pitch to attend but there is usually one going on if you "wanted" to attend. It's a way for them to fill vacancies. I always get the largest one available cuz the money is the same. Most are absolutely great. Some aren't. pr