Philip Rogers

It could be. The problems lies in that the VA "will always" blame unemployability on the non-service connected conditions. They are supposed to separate the two by deciding what percentage of the unemployability issue is based on the NSC issue and what is based on the SC issue. Alway bear in mind the VA is not our friend. They don't want to pay and use a variety of tactics to discourage claimants pursuing a claim. For example, the NPRC used to search for hours to find veterans info. Then a while back they cut the search time alloted, to 12 minutes, on each request, and if the info couldn't be found in 12 minutes a letter was sent to the requester that they could not find any info related to what the veteran was looking for. The vet then assumes there is nothing there when in reality the info could be there but couldn't be found in 12 minutes. It's up to you if you want to submit the SSDI info. Most advocates will tell you to submit only favorable or probative evidence to your claim. Why muddy the issue? jmo pr

I'd call the C&P scheduling office and ask what's up. You're 55yo or older, stabilized w/no improvement in 5 yrs and P&T. Shouldn't be scheduled for another. You also fall into the 1999-2005 catagory, which is the vets they were going to review. Just check w/the C&P office. The only way to reduce you is to call a CUE on themselves or if all the evidence of record shows sustained improvement in the disability. Additionally, I believe w/TDIU they must actually show you could work, not just surmise it. Anyway, not to worry - you're safe. jmo pr

If you are receiving SSDI, for something other than the SC disease, the VA will generally try to blame your unemployability on your other diseases or injuries. So it would be best not to bring up the SSDI issue. The VA will make it a hard to overcome issue and probably drag it out years on appeal. jmo pr

If the truck you saw was in Florida it was probably Terry's, the Fla Viking. He may be eligible for SMC, for ED, secondary to DM-II but not for the 100% schedular, inferred issue. pr

Pete - w/a 100% schedular award it is an inferred issue and if a decision wasn't made at the time of the 100% schedular award that aspect remains open. I believe w/agoraphobia(sp) it would be a slam dunk and a nice little retro check. Not to say the VA wouldn't jerk you around a bit but you should absolutely win. Everyone is always worried about opening that "can of worms" and I say if "you" don't believe you are 100%, then don't apply but I feel no one should worry about that. I'm helping a friend w/a HB claim, who's TDIU for 9 yrs. He called yesterday, in a panic, because they've scheduled him for 2 C&P's and PTSD testing, even though he's P&T, for PTSD. One C&P for PTSD, one C&P for HB and the PTSD testing. I told him not to worry. Whatever they try we'll win!!! Go for it!! It's gotta be worth around $30k+ retro. jmo pr

Jesse - the key is having the qualifying quarters within the 5/10 yr requirement from the date of disability onset. If a claimant doesn't apply within 5 yrs of becoming disabled Social Security will routinely use application date as onset date, thereby causing the claim to be denied. I'm not sure if it needs to go to the ALJ level to establish the earlier date of onset or not but it could make a difference whether the claimant will win. A claimant needs to establish a disability onset date within that 5/10 yr period or risk losing an otherwise valid claim. Thanks for your input! pr

Not to be difficult but I believe that is incorrect. You must have worked during 5 years out of the 10-year period ending with the quarter your "disability began." If you became disabled 6 yrs ago and are just applying for SSDI now you must use the disability onset date of 6 yrs ago or you will be denied based on lack of quarters. SS is like the VA in that they supply misinformation to the claimants. jmo pr

Be sure to use your actual date of disability or the date the VA established as your date of 100% disability as your disability date and not the date you apply. It can mean more quarters, towards your qualification, if you've been disabled for a while. You can also use an attorney or representative, from the beginning, if you desire. Good luck. pr

Peter - That means that 1996 claim is still open. Sure would be a nice retro! pr

Like Vike said and you'll get an additional $295 a month. pr

1114 should be 38 USC (US code) not 38 CFR. jmo pr

The maximum a seriously disabled sc vet can receive is more than $5,000+ a month. pr

Thanks everyone, it was my error. Duhhh!!!! Lost a year for a little while. I hate gettin' old!!!!! pr

Thanks, Allan, I know what the chart says but I'm thinking someone made a huge mistake or my math skills are failing, badly. Bet they come after it, eventually. pr

Wasn't our COLA 3.2% this year? If so, why did mine, a single vet with no dependents or SMC, go from $2299, last year, to $2471, this year??? $2299 + 3.2 % should be $2372, not $2471. Could the VA or treasury be overpaying us $99 a month? Maybe I better start putting it aside for when they come looking for repayment. Just curious. Someone please explain? pr

Found this: Under United States Code, (18 U.S.C. § 704)(, it is illegal to wear the Medal of Honor without authorization, but one can still legally claim to be a recipient unless such a claim is made with the intent of securing veteran benefits. A number of veterans' organizations and private companies devote themselves to exposing those who falsely claim to have received the Medal of Honor.[43] Imposters are said to outnumber true Medal of Honor recipients. HLI Lordship Industries Inc., a former Medal of Honor contractor, was fined in 1996 for selling 300 fake Medals for $75 each.[44] pr

I have never heard of a spouse earning too much money, unless the claimant is receiving SSI. Unless this is something new, you should receive a benefit for your spouse, if you receive SSDI, and how much she earns should have no bearing on it. Your spouse should receive a benefit until the youngest child reaches age 16, which is when SS considers it is no longer necessary for her to be home when the child comes home from school. When her benefit ceases it is added to the children still receiving SS benefits, proportionately. pr

Rick - Today, I want you to write a letter to the VA stating that you are filing a claim for service connected PTSD. This can be typed or handwritten. Keep a copy for yourself and mail it certified, return receipt requested or if your VA is nearby, hand deliver it. This should be done before February 1, 2007, so that when you win you won't have lost one months benefits. jmo pr

Gotta add my two cents. The C&P examiner supports the diagnosis that you have PTSD and apparently concedes stressors based on information "you" told him. I suggest not assuming that the stressors have been verified. They may not have verification and are denying SC for that reason. The RVSR is the one that makes that decision. I'm dealing with a claim for someone, with PTSD, who was a sentry dog handler, at an air base and we have published proof of 2 attacks on that base, while he was present, and they're still denying SC. Good luck! jmo pr

The VA will generally approve loans provided the property meets their inspection standards and you can find a bank or mortgage company that will approve you. Banks like them because the loan is guaranteed for a portion of the loan, so if you default the bank won't take as much of a loss. So it is possibe to get one without perfect credit. Finding the loan agency can be the problem. pr

Sounds like you already have the DoD ID card. Mine is a photo ID, basically tan in color, Says DAV (which either means disabled army vet or disabled american vet) on it, and MWR (moral, welfare and recreation), Indef if you are P&T or an expiration date if not P&T. I use it for hotel discounts, base privileges, base transient housing, etc, or anywhere I can get a discount. Handy thing to have. pr

Rick - Doesn't sound like a VA form - 9 was ever submitted, nor a SSOC issued. I wouldn't withdraw the claim and then resubmit. I'd try the DRO w/the new evidence or submit to the BVA w/a waiver of it being remanded for the AOJ to look at it. That way the BVA can act on it. jmo pr

First let me appoligize for what I, apparently, may have caused. This was not my intention. FLHRCI probably has a valid claim. This is just me. Certain things don't ring true and this is just me. My intention was never to disrupt this board. I never called anyone a "fraud and a liar," no matter what anyone says. Check the posts. A while back someone, and I don't know who, stated about being in combat 24/7 . . . to me this is an absolute lie. No one was in combat 24/7. Most combat was routine (scary) patrols interrupted by shear moments of terror (firefights) but they were few and far between. I've been to the National Archives and reviewed what actually happened. Again I appoligize for any disruption I may have caused. Perhaps FLHRCI can m/c together someday. jmo pr

I have no problem with a year or 2 in military, getting injured and receiving VA comp and then earning retirement from government service. My problem with it is that that benefit was removed years ago and knowing that benefit was removed those who remained in the military continued their service. Then when they retire they want both. I disagree. VA comp is a subsidy for the loss of earnings your disability causes and it is not meant to replace your income. A person receiving VA comp can still work and earn income, unless receiving TDIU. SSDI is for a current disability and although the disabilities may be the same they are separate issues. Hope I've explained it correctly. jmo and that doesn't mean I'm correct. It's just how I feel. pr

Technically your ex is entitled to half of your retirement for the hardship she put up with living the military lifestyle, so no sympathy there. Alimony I always disagree with unless it's shortterm (like 1 year) to help her stabilize her life. Personally, and it's just my feelings, from your posts and how cavalier you seem to be, I see someone looking for the gravy train. Now that Congress has allowed what I consider double dipping I feel you're just trying to double your income easily. You're probably a really nice guy and have a valid claim but I sense differently. Sorry!!!! I wish you good luck in your attempt at getting 100%. jmo pr