Philip Rogers

It is routine for SS to review in about 3 yrs, even if you are permanent. Depending on your disability they generally just send you a form to fill out. In your case you'll probably be continued and then they review every 7 yrs. Then again they may just review your case files and continue w/o the form, and notify you of that. jmo pr

Sorry Steve, but your statement about needing "at least 70% overall and with one disability being rated at least 40%" is incorrect. See 38 CFR 4.16(<_<. pr

I think you're going to need an IMO stating that your service aggravated the condition and it was not the natural progression of the disease. Should be fairly easy to prove, dependng on the branch of service and duty MOS. pr

Pete's should be a shoe-in, especially since they've awarded it currently and didn't decide the issue as an inferred issue when he was first awarded 100% schedular. He could pursue it as a CUE but I think it should still be an open claim. Anyway, should be money in the bank! jmo pr

Rick, what has happened is the court has expanded or better defined the last paragraph of 38 CFR 3.350, which effects all veterans, not just those 65 or over. The BVA made that determination, in the case I posted, not me. Peter should win if he's since been awarded HB and they didn't consider it, as an inferred issue, when he was awarded 100% schedular. Go Pete!!! jmo PR

Berta, I think the VA is just avoiding the issue, by stating the misinformation about 65yo's and pension, hoping the claimant will be discouraged and not pursue the claim. They do provide disinformation, frequently. Peter should pursue it. It may have to go to the court again, since the OGC hasn't clarified it. That fast letter is BS and doesn't really discuss the issue. jmo pr

Peter and Berta - Here's the link to that case that originally made me bring up the Hartness decision, here, some months back. I think RickB54 disputed it w/me and at that time I was unable to post the link, as the BVA hadn't posted it yet. You'll note the BVA brings up the issue of "leaving one's house to earn a living" in their remand and the vet is receiving comp not pension. http://www.va.gov/vetapp06/files5/0634442.txt I believe Hartness broadens the definition of housebound and could apply to those receiving TDIU. jmo Here's the full quote: "Recently the Court has clarified that housebound benefits are payable where the pertinent disabilities cause the veteran to be substantially confined to the home or its immediate premises, and that this requirement is met when the veteran is unable to leave the home to earn a living. Hartness v. Nicholson, 20 Vet. App. 216 (2006)." pr

Berta, I'm the one who brought this up months ago, here. If you expand the definition in the regs it changes for all, not just pension recipients. jmo pr

Berta, the court expanded the definition of housebound to include "inability to leave the home to earn a living" rather than "substantially confined"(that may not be the exact wording) but it's essentially what they've stated. By doing that it changes eligibility for some. I know he VA will fight it because of all the TDIU claims that could be eligible. jmo pr

Be careful w/your atty. Mine did the same thing. She got paid the max and wouldn't appeal for the EED. Although my award was 8 yrs ago I intend to appeal it within the next month. I would await payment receipt, transfer it to another bank account, in a different bank, then file an appeal. You should continue to receive monthly checks while on appeal. It'll probably need to go to an ALJ hearing to get the EED. The ALJ can establish an earlier disability date and an earlier eligibility date. jmo pr

I don't think they can consider a patient's condition "on meds." That's like an amputee with a prostheses(sp). That doesn't lower his disability. jmo pr

Peter, I think you'll get it on appeal. I just reread Hartness and it basically states the "inability to leave the home to earn a living" as part of the definition of housebound. Go for it! You've got a better chance on that than the lottery. jmo pr

Just my thoughts but what's this money you need and are expecting from the VA??? Were you medically retired and discharged or just medically discharged? Sounds like you'd be 100% disabled. One gives you a pension w/Tricare and the other requires the VA to approve your disability(s) for compension. If retired w/a check, the VA will offset any amount by first recovering what you've been paid, previously, from any compensation awarded. pr

Windy City - The action is already scheduled and will take effect automatically unless you appeal within, I believe, "21" days. I think you "must" request a hearing and that will forstall the reduction until a decision is made. Your comp doesn't change but you will lose the A&A money. Sorry I can't tell you more but I'm on the road now and don't have my Regs w/me. pr

Windy City - I think you only have something like "21 days" to appeal or request a hearing on the proposed reduction, so you better get you better get moving, if you haven't done it already. After that the reduction will take place and you will have to fight to get it reinstated. Remember, the VA & VA employees cannot be held responsible for anything the employees "say." I believe they gave you bad advice. All correspondence "must" be written, if you expect them to be responsible for actions/advise/information. It's easier to stop the reduction than to have it reinstated. jmo pr

Forgot to add that I'd also won an SSDI award of $51+k, less the $4k attorneys fee, within a few months of the VA award. Needless to say life was good for a short time, until divorce. Actually, life is better now! pr

Well, it was only $99+k, because I'd won many battles/increases along the way but I got back w/estranged spouse, purchased a house for us, with carriage house for Mom and then we filed for and had a nasty divorce within 90 days of house purchase. Money didn't last long but realized how long I'd had PTSD and how it effected my daily life, since Nam. Lost house during divorce but was able to purchase another for Mom and I, until she had a stroke and I was no longer able to care for her. I've forgiven my ex for all that happened during that period of our lives and moved on. These days I'm thankful for every day. Life is too short not to forgive! jmo pr

Once the BVA issues a decision the c-file is returned to the RO, so the RO can follow the BVA's instructions. Nothing will be done until the RO receives the c-file. Once there the time varies. In my case, I was due 10 yrs retro and the RO screwed it up and shorted me one year. Their award took about a month after they received my c-file. I immediately sent them a letter advising them of their error and received the additional years comp in about 3 weeks. pr

You better respond to the A&A reduction quickly or it will take effect and be sure to appeal it all the way. jmo pr

As far as I know the CWT program pays about $5 an hour and should not effect VA comp but I'd be cautious. I do know a TDIU vet that volunteers(no pay) at a VA clinic and it hasn't, as of yet, caused any problems with his comp. As for attending school, the ability to successfully attend school does not equate into an ability to work. I believe this has been tested in court. pr

My personal thoughts are that you should appeal the 30%, if you can't work due to your PTSD. Take part of your retro money and pay for a C&P exam by an independent MD to Rebutt their exam. I started w/a 30% award and appealed, appealed and appealed and won 100% retro to my original claim date. I believe 38 CFR 4.16(a&B) explain requirements for TDIU. jmo pr

Hi Rich and welcome. Thank you for your service! There is no way to speed up the process unless you are dying or facing forclosure(or maybe eviction). I had to file bankruptcy, lost house and marriage during my claims process, as I'm sure many have, also. The best thing is to view your claims file and make sure all the evidence you've submitted is there and also be sure they have your current address. Others will jump in soon. Good luck! pr

Pete, here's the text of the claim. I do stand corrected, in that he was 60% when they awarded the 100% schedular, for PTSD and that's why he got the HB SMC so easily. Dear Sirs: Please consider this a claim for Special Monthly Compensation (SMC). When a claimant is awarded 100% schedular for PTSD, inferred issues for SMC, such as Housebound and Aid and Attendance must be decided. No decision was made and therefore those issues remain open. Additionally I have multiple ratings which should add up to the 100% + 60% criteria for SMC. Further I feel I am eligible for SMC because I am unable to leave my home to earn a living. I cannot do any cooking because I get distracted and I forget I’ve put something on the stove until the smoke detector goes off and I remember I’ve got something cooking. So there are safety issues, also. Thanking you in advance, for your anticipated assistance, I remain . . .

Three plus yrs ago I helped a vet, whom I'd never met at the time, who had been receiving 50%, since VN, for wounds, file a claim for PTSD. They gave him 100% schedular for PTSD right out the door, w/o any appeals or anything. They failed to address Housebound (HB)as an inferred issue. In Feb of this yr, I sent a letter advising them of their error. Last week they called a CUE on themselves and awarded HB, retro to the date of the 100% schedular ward and deposited the retro in his account. Needless to say he likes me. I guess some vets are just lucky! pr

It's about $140, which is a lot less than $6k and well worth it. jmo pr