Philip Rogers

I think SPN codes were found to be illegal, back in the 70's, because they were arbitrary. pr

I took the original course and found it too basic. If you have any basic knowledge of 38 CFR, you probably don't need it but I am talking about the original course. It's been updated within the past year or two. Personally, I think the money would be better spent on the VBM. If you can't win a claim with the VBM you probably don't have a valid claim. It's the best thing since salsa and chips. jmo pr

It took me 10 yrs and then they only awarded 7 yrs. I'm going after the 3 yrs they cheated me out of and I think I have a good chance of winning. I lived in a state that required SSDI to pay within 30 days of their decision. I got paid in about 22 days. Hang in there. pr

Larry, I did some further checking and what you quoted was from Chapter 15 PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE, not service-connection claims. pr

You can add evidence at any time, including your argument. If this is on appeal at the BVA level, you should waive the VARO's (AOJ) deciding on this evidence or the BVA will send it back to the AOJ, as they get first shot at it. jmo pr

Fifty percent of SSDI benefits are taxable if annual adjusted gross income is $25,000-$34,000 for an individual, $32,000-$44,000 if married and filing jointly. Eighty five percent of SSDI benefits are taxable on annual income exceeding $34,000 for an individual, $44,000 if married and filing jointly. pr

If I recall correctly tobacco claims can't be pursued. I think it has something to do with the tobacco settlements back a few years. Congress passed a bill that protected the govt. pr

Personally I wouldn't use any SO. I've found "from personal experience" those that have offices at the VA are the worst whores. They try to get vets not to pursue claims or increases. I used the DAV and they cost me at least five additional years, until I took over my claim myself. jmo pr

Generally, all of your service records, with your name on them, which are owned by your branch of service but stored in the custody of the Nationl Archives are transferred to the VA when you file a claim. Hospital records are stored separately at the archives. Once a VA claim is filed they remain in your c-file. I received this info from the Asst. director of the military section of the National Archives at a VVA national meeting seminar in St Louis about 2 years ago. pr

Brian - you don't want SS at age 62 because it is reduced. If you can get the SSDI approved you'll get paid the full amount you would have received if retiring at 65. You're old enough that you stand a pretty good chance of getting SSDI. They seem to be more strict with younger applicants. pr

Sounds good to me but you never know with SS. Usually the state Disability Determination Unit makes the decision and SSDI just agrees with them. Good luck. pr

Good one, Larry! I'd forgotten about that. Thank you. pr

This is the friend of a friend. 2 years ago I got him 100% w/P&T and I just found out he's being paid as single. Gotta correct this. I know they need certified copies of marriage, birth on chidren, but to make you resubmit the marriage cert is ridiculous, they make copies and insert them in your c-file. Dependent status only changes thru death, divorce or reaching majority age. I dislike govt employees for their shear stupidity. jmo pr

John, not all of us were high paid postal employees. My SSDI isn't that high. At one point in my life I was paid both Pension and SSDI, in order to make poverty level. Many of the older retirees only get $700 - $800 for SS or SSDI so they are supplimented with Pension. pr

Thanks to all who answered. I see him next month and will get everything done. pr

Sorry Rick, I was just yanking your chain. Your statement didn't specifically talk about VA Compensation, so I just added a slight correction. Smile!! pr

Maybe someone who's been thru it can answer. I've a 100% vet that's not receiving for his spouse. When we apply will the VA go back to date of award (they were married at that time) or just the date we apply for her to be added. How about children? Thanx. pr

You wrote - "The PHs would give him 50% I am sure" Where do you get this? Is it based on his physical injuries? Or due to the psychological trauma? And if the psychological trauma, where does that equate to percentage awarded? The PH's confirm the stressor but in no way equate to how the PTSD effects his daily life. Please explain. pr

Carla, et al, I think this Deshotel decision is going to impact all these "pending" claims. My concern is "due process." A claimant has a right to receive a written decision, with the required "reasons and bases" for that decision and notice of their rights of appeal. This failure will cause many vets to lose money and save the VA much. I hope NVLSP pursues this issue. jmo pr

Venturing an educated guess - RMS is probably the physician's/NP's/PA's initials and the IND is individual appointment. RMS EMG would be that he ordered the EMG. jmo pr

I don't think it's changed and I haven't checked it out to be sure but at age 65 all war period veterans are considered disabled based on their age. This makes them eligible for NSP, provided they meet the income guidelines. It seems this would expand the amount of income they could receive. Some time back I recall reading a case where either the Court or the BVA ruled a TDIU vet ineligible to appeal to the 100% schedular because it meant no financial increase. By doing that it prevented the vet from getting other comp benefits. I don't know what has happened since. I'm seeing that some of the CAVC's decisions need to be appealed higher. jmo pr

I'd bet there are thousands of unadjudicated "pending" claims that never get adjudicated because vets don't know. jmo pr

POA remains in effect until claimant revokes it in writing. pr

If it were me I'd apply. Worst scenerio the claimant loses. I feel very strongly about the HB postings I made previously. The BVA case I'm refering to still hasn't been posted. I think it takes them a couple of months. I'd also apply for A&A if claimant isn't already receiving. jmo pr

Sorry to butt in here, Rick - I agree with your interpretation, however if they are talking USDVA benefits they are in error. If there are state benefits, it may be correct. If you look at unemployability, it is wrong (actually partially right) for USDVA benefits but if there are state benefits it may be correct. jmo pr