Philip Rogers

Chapter 35 means P&T. pr

You need to deal w/this immediately or the reduction will take place. You need to request a hearing immediately, if not sooner. You have something like 21 days to appeal this or it will take place. It is your job to keep the VA informed of any address changes, also. jmo pr

I agree, females are better. I prefer a digital exam and turning my head and coughing, when they do it. And it's free!!! Just kidding! pr

Some years back, I posted the regulation on that, that I'd received from one of our great VA employee posters, here. tbird should have it in the archives. Try a search. I don't remember what it said, tho. Too many dead brain cells! Such is life! pr

I'd file the POA, attach the rule to it and request that if it's denied to please issue a written decision/notice. You could also write up a short statement, signed by your spouse, stating that he authorizes the VA to discuss his claim w/you at anytime. If they don't allow any of this talk w/the service center manager. pr

If you failed to NOD the original decision, within one year of your award notification date, it's a moot issue. You should have appealed that decision, not requested an increase, later. The only way I can see you having a chance is that you can try a CUE, based on the two C&P exam reports, quoting the rule you posted. Don't know that you'd win, but ya never know w/the VA. jmo pr

As I understand it, Congress has authorized the increase but the percentage can't be decided until October, when the final figures are in. Also, if this worries anyone, you have way too much time on your hands, w/nothing to do. Try a hobby. jmo pr

Kenkandu, once notified and the releases are signed and received by the VA, the VA has a duty to try to get them. The VA generally requests them twice and then notifies you if they haven't received them, so that you can acquire them. Never assume the VA has acquired any records, even from themselves. I think Pete53 mentions this or something like this, in all his posts: Personally view your complete c-file" pr

Rockhound, many with a combat MOS don't actually work in their MOS. Also some without combat MOS's actually do see combat. Generally 90% of personnel are in support positions. I'm not making light of their duties, for w/o them the troops are lost. In VN everyone received combat pay, so combat pay doesn't count for anything. The VA's attitude is that you have to prove your stressor, and if combat is your stressor, then show me. Unfortunately, as we all know, the VA is not on our side and require proof of stressor, in lieu of combat awards. I've also found that those who claim combat 24/7, lie. jmo pr

Not to put you down but just because you received combat (or hazardous duty) pay and have a combat MOS doesn't mean you qualify. Many vets are diagnosed with and have PTSD but you need to prove it was caused by your service, in the Gulf war. pr

The VA should round up to 80%. 50+25=75 which rounds up to 80%. pr

Personally. I'm happy with 2.8%. Many retirees don't get COLAs. I'm able to cover my living expenses, and knowing my comp will be there next month is a huge relief. I live comfortably and want for nothing, other than peace for my psyche(sp). I wish I didn't have PTSD but I do and knowing my bills are paid takes care of much stress. Could it be more, sure, but I'm not greedy. I just wish the VA cared for us properly. jmo pr

Tom - what is your unemployability for?? Do you have written correspondence from your lawyer that he dropped you as a client?? If your disability is for PTSD or other mental disorder you can get the appeal deadline waived because you were unable to understand the appeal process and you weren't represented at the time. This only refers to non-represented claimants. pr

Also remember that the "20 credits over the last five years" relates to the last day worked/date of disability onset. Many claimants don't apply until some years later and are denied because they don't meet the "20 credits over the last five years rule." It is important that the claimant use the last day worked/date of disability onset, as their disability onset date. SSDI will routinely deny claims but the ALJ will correct it, either at the hearing or during the review, if the evidence shows that date as onset. pr

The following is what's posted at the National Veterans Legal Services Program site: VA Secretary Refuses to Add Hypertension, But Agrees to Add AL Amyloidosis to List of Agent Orange Related Diseases On July 27, 2007, the National Academy of Sciences (NAS) Institute of Medicine issued its most recent report on its formal review of the scientific and medical literature on health effects potentially related to exposure to herbicides and related materials used during the Vietnam War, Veterans and Agent Orange: Update 2006. A VA task force was formed to review the findings of the report and to make recommendations to the Secretary with respect to adding any additional diseases to the list of diseases currently recognized as being associated with herbicide exposure in Vietnam. Based on the recommendations of the task force, the Secretary announced his decision that the evidence warrants establishment of a presumption of service connection based on service in the Republic of Vietnam for primary AL Amyloidosis. As required by law, a notice will be published in the Federal Register announcing this addition and 38 CFR 3.309(e) will be amended to include this disease. Additionally, the Secretary has determined there is no evidence at this time to support the establishment of presumption of service connection for any other condition reviewed in the NAS report, including hypertension. Based on this decision, the stay on processing claims for service connection of hypertension as due to exposure to herbicides during service in the Republic of Vietnam is lifted and pending claims are to be resolved based on the evidence of record.

Carla, the decision is complete, on issues 4,5 & 6. The time starts running, with that decision, on those decided issues. pr

I believe that $10k figure has been lowered. My local bankers won't divulge the new amount as it appears to be "top secret," now. pr

She received her award letter but w/no explanation of retro award amount. She's still checking on that. Anyway, she first stopped working in 9/01. Filed for SSDI in 12/06. Two denials (not including ALLSUP's denial, to accept her claim, which means they didn't get the $5300 fee that was paid to her lawyer) and then an ALJ review. The ALJ saw no need for a hearing and ordered her disability date beginning as of 9/01. SSDI awarded her a date of 8/05, 17 months prior to her application date, which complies w/their rules. She will be appealing for the 9/01 date the ALJ's order established. I will update as available. Her atty has already been paid her $5300 fee. BTW, ALLSUP only takes claims that are easy and a shoe-in, so if they'll take your claim you may not need an atty. jmo pr

Truth is an absolute defense to slander. If I say someone's a thief and they have been previously found guilty of theft, there is no slander. Additionally, a person can have an opinion about someone and it's not slander. pr

I believe the hospital stay needs to be 22 days, in order to be rated 100% for the stay. pr

After all the evidence is in, they basically decide if your claim is service-connected or not, and if it is they rate you percentage wise. pr

Check at the bottom of the regulation you're looking at. All change dates are listed, starting with the oldest to the most recent. If no changes are listed, since the date of your claim application, then the current regulation is the one they used. pr

william n - I feel he should review his medical records for signs/symptoms of diabetes, earlier. A person doesn't all of a sudden become diabetic, one day. His labs should show some earlier changes and if he can demonstrate those he can appeal his award date. jmo pr

I don't think anyone knows if they have PTSD until they've read Jim Goodwin's writings, specifically http://www.trauma-pages.com/a/goodwin.php. I never knew there was anything wrong w/me until I read this and then cried like a baby as I read it. I still cry when I read it!!! pr

Your argument was most excellent, however I doubt they even read it, let alone understood it. Please post the decision to reduce, w/the pesonal ID stuff blacked out. I need to see what they stated, including their reasons and bases. Also in their decision did they make reference to your NOD(Rebuttal)? Thanks! pr