Philip Rogers

KAPN - he may be at war with the VA but just because 50% is the max doesn't mean it's really the max. I helped a vet who had used SO's from the DAV and VFW, plus a congressman, and was told by the RO that 50% was the max he could get for his diability, a skin condition. While that was schedularly true, his condition kept him from working. We got him TDIU and won $72k retro, for him. They still owed him 10 more years but he chose not to pursue an EED for fear of losing what he had. His loss. Also, think of the VA as an insurance company, with policy holders in FL, during Katrina - they really don't want to pay. Think about how many deserving veterans are denied. The deck is really stacked against us. The VA and the IRS are here to help us - Yeah, right! jmo but factual. pr

A suspense date is merely the next date they plan to look at your claim. Nothing more, nothing less. You can make what you want of it but that's all it means. pr

Kenny, the ability to take classes does not equate to the ability to work, however successful completion of classes would make you more educated and SSDI could be effected, somewhere down the road. I attended 3 yrs at a community college and subsequently won both 100% from VA and SSDI, for that same period. Don't know on the other questions.

This is sounding like although you filed the claim, w/the Vet Rep, in 3/05, the Vet Rep didn't file your claim until 4/06 and you're being screwed. You need to see the original copy of the claim that the VA has in your c-file. It will be date stamped the date it was received. My feeling is the Vet Rep filed it a year later. Hope I'm wrong. pr

Carla - Sounds like a new name the VA invented so they won't have to pay because it'll go away. Yeah, right! pr

Thanks, Carla and all. Guess I'll scout it out before I start poking. pr

Could someone please post me a link to the VBN board? Might want to go poke it wth a stick. lol pr

Thanks, Vike 17. Too bad that even though the claimant is already 100% disabled that they still use VA math (ie: the combined ratings table). Thanks again. pr

I've a related question then. Since a claimant is rated 100% schedular, for PTSD, there is no remaining well person (RWP) so shouldn't the VA math "not" apply? On the 100%+60% rule is the 60% a single disability or can it be separate ratings that add up to an additional 60%? Thanks. pr

I hope his claim is with another RO and not where he works. If I recall correctly, VA employees claims go to another RO, in an adjoining state, I think. I know his RO can't work on it. I'd claim the last day he worked is the 9th, which it is. Sounds like they sent him the IU form because he can't work due to his SC condition. That's good for you. jmo pr

Tim, sounds like they're really screwing you. I believe Alex Humphrey used to say he could get 100% for anyone with a GAF of 50 or lower. Yup, they're screwing you. What's their explanation?? I would have thought at least 30%, if not 50% and that's a lowball. I haven't seen a 10% given out in years. May be the new trend as they try to cut expenses. The good news is you are now SC, so the hardest part is over. You have PTSD and it's due to your service. Appeal, appeal, appeal. jmo pr

Technically, she gets to pick the retro date, which I believe would be the date of the decision by the AMC or the date retro'd to in 8/03. I don't think she can pick any date in between, like 8/05, although I may be wrong. The regs are found in 38 CFR part 21. pr

Tammy, there should be a record of his absence from duty for the period of hospitalization. That info used to be in Morning Reports but I think the Army ceased morning reports in the late 60's, early 70's but they would have been replaced by something else. You can call the NPRC, in St Louis, and ask one of the military record archivists what would carry that info. If you husband knows the date it should be easy to locate. He can also get company rosters for that period which would help in locating buddies for buddy statements. Why can't you get the German records? pr

I think you meant content, not contempt but I could be wrong. It would depend on what your disabilities are, whether they may improve, your age and how long you've had these conditions. The VA routinely states "your condition may improve" but if any of it is PTSD I've yet to see anyone improve. If it's physical injuries, they just worsen as we age. So it's up to you. ChampVA and Chapter 35 are certainly benefits worth pursuing. jmo pr

The rules for the BVA are covered in 38 CFR parts 19 and 20. We often forget about other parts as we usually deal w/parts 3 & 4. pr

Those very rough seas were a typhoon - I think it was Shirley. Top winds of 150 mph. I arrived in Qui Nhon, on or about 9/18/65, on the USNS Geiger, w/the 1st Cav. pr

Sounds like you've covered your bases, Leroy. Keep the e-mail record just to cover yourselves. Then if they overpay you can request a waiver of repayment. pr

I'm sorry but I don't see why he wouldn't take the insulin. He'll die of kidney problems sooner if he doesn't take it. There is no cost to him and why would he have to stop the treatment?? As for refusing the treament, logic tells me they could keep him at 20%. Guess he's just trying suicide the lazy way. He can also start exercising and lose some weight to try and help the DM-II situation. Personally, I think you need to give him a kick in the butt cuz he'll be leaving you more sooner than later. Not fair to you and kids, if there are any. jmo pr

The retro dependency amount would be payable up to the date of the loss of the dependency. If there is an over payment you would be responsible to repay that overpayment but may be able to get it forgiven, due to hardship, provided the overpayment wasn't your fault. If you had a pending claim, w/dependency issues, you had a duty to notify the VA, of the dependency loss, at the time of the dependency loss. pr

No I haven't, John, but for years I've been considering going after military retirement for myself. In my mind, knowing what I know now, I/we should have been retired out w/a S/C disability for PTSD or combat fatigue or whatever it was called during Nam. I just don't know if I want the aggravation. I think it's just better to forgive and move on and try to salvage our remaining years. I've found this to be true w/so many other things in my life. Now, on Oprah, they're calling it "The Secret." Who knew I could have made millions if I'd written the book first!!! lol jmo pr

These are just my thoughts but I prefer to review the complete c-file looking for errors and then if none found will re-open w/new and material evidence. Prior to the inernet a great deal of errors were made that vets never knew about. They still routinely err. pr

Nice to see you back. Nice ride, too! Magoo is still alive and kicking but dealing w/some personal problems. Tom Mercer is well but moved on. The board has changed and to me, too much. Hang in there. jmo pr

Not to worry. The 55 or over rule kicks in. Althought it sounds like you may be part of that "review" that the VA decided it was discontinuing. Sounds like they are up to no good. Call the C&P office and explain your situation about P&T, 5 yrs and over 55yo. They may cancel it. jmo pr

What do you mean? Part "A" is free and covers hospital. Part "B" covers other medical expenses(around $85 a month). Both have a co-insurance payment. The drug one is Part "D" (I think) and helps pay for prescriptions. As a vet we get our scripts free or reduced so I see no need for part"D." I have parts A & B and pay about $85 a month. I have one script I pay out of pocket because VA doesn't carry it and I feel it's worth it. I don't use VA except for routine blood work and scripts. Your choice. I feel free care is worth just what you pay for it. jmo pr

There is no norm. It could take from 3wks to 2 yrs, depending on how busy the DRO is and how complex the claim/evidence is. Not trying to be a smarta$$, either but that's the way it is. jmo pr