Philip Rogers

You posted - This is because VA only awards disability for service connection, and SSA can find a veteran disabled for a non-service connected disability. VA awards Compensation for SC disabilities. VA also awards Pension, called non-service connected (NSC) for non-service connected disabilities. I hope this clears up any misunderstandings. pr

Just a suggestion but try having your doctor write the prescription for "both eyes 2 times daily." It would double the amount you receive or "both eyes 3 times daily," i would triple the amount. Then just follow the same usage you've had. That's the easiest way. jmo pr

ALJ's can now make decisions at the end of the hearing and advise climant. Since your's didn't, I assume the evidence wasn't overwhelming. I would telephone the ALJ's office and ask them. It should be okay but better to check in case decision has been made at this time. pr

Seems to me they tried that only to have it revoked. I don't think the statutes allow this, anyway. Errors must be sent back to the original agency for correction. Ever heard of job security? pr

Lawyers are paid thru the Equal Access to Justice Act (EAJA). Once the decision is made they petition the court for payment. The court usually allows reasonable fees. pr

If I recall correctly, decisions must be final and filed within 120 days of that final decision. I don't think the court will hear old cases prior to around 1988. Someone correct me if wrong. pr

John, anytime you request another rating the VA can review your claim and if you don't feel secure don't apply. To me the criteria for reducing TDIU couldn't be clearer, with the exception of the VA calling a CUE on itself. They have to prove you can work, not just summize(I think that's a word). As for applying for HB, one just needs to write a letter. I just did it for a P&T TDIU friend of mine and will do mine this week. For years the VA has been using the old HB criteria against us. They did it to me, years ago and I allowed it to happen. Both 70% & 100% PTSD ratings include the inability to work. For most of us part of that is the inability to routinely leave home. Most likely an undiagnosed form of agoraphobia but don't count on the VA giving you that diagnosis. It would make getting HB too easy. A&A/HB pays an extra $295 a month. A&A can be paid based on just the inability of the vet to look out for safety issues. I feel this new description by the court will open up HB claims and I truely expect the OGC to write a opinion to void it, somehow. Meanwhile I say go for it. jmo pr

No Rick, this is what I requested: What's your take on the following "statements" taken from a BVA remand to the RO on a SC Housebound claim: "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) Additionally, in the "case being Remanded for the following action" section it states: "The examiner should also opine as to whether the veteran is substantially confined to his dwelling or the immediate premises as a direct result of his service connected disabiities, that is, do these disabilities cause him to be unable to leave the house in order to earn a living." This was addressed the other day with regard to NSC pension but the BVA is using this in a SC claim. Anyone else who wants please respond also. As for the case, I can't post what isn't on-line yet and I damn sure am not going to type the whole thing out just to make "you" happy. Wishing you well! pr

I think I said it was new. I just checked the BVA site and hasn't been posted yet. I'm tired of arguing with you. I think the BVA knows what they're looking for. Forget I brought it up. I'll apply and if I win or lose I 'll let everyone know. You do what you want. pr

My feelings, exactly, which is why I feel vets should apply now. I personally feel that the VA will eventually try to cease paying vets who are TDIU, at age 65, by saying they would be retired at that age and therefore not in the employment force anyway but that's another discussion. jmo pr

What's your take on the following statements taken from a BVA remand to the RO on a SC Housebound claim: "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) Additionally, in the "case being Remanded for the following action" section it states: "The examiner should also opine as to whether the veteran is substantially confined to his dwelling or the immediate premises as a direct result of his service connected disabiities, that is, do these disabilities cause him to be unable to leave the house in order to earn a living." This was addressed the other day with regard to NSC pension but the BVA is using this in a SC claim. Anyone else who wants please respond also. Thanks, pr

I would file an adendum to your NOD stating what you disagree with. If you wait it could just cause more delays. jmo pr

I suggest you never "just drop an envelope of evidence." Always, request that they time and date stamp it received and give you a copy. jmo pr

Personally, I'd file now. Every month you wait could be a lost months pay, if awarded. jmo pr

If awarded to original claim date, comp would start 12/1/05 and if paid today you would receive 11 months payments. pr

Actually, since 1/1/07 is a holiday and 12/30/06 is a Saturday, we should receive the first increased payment, Friday, 12/29/06. pr

I think the VA starts payment from the first of the next full month after the award date and payment is received the 1st of the following month. So if you applied on 4/15 and they awarded 4/15 as the award date, compensation would begin on the next 1st of the month (ie: 5/1), with payment actually being received on 6/1 for May. Anyone, please correct me if wrong. pr

Already advised him of that when we talked. Told him should stop by Hadit when he has a minute. And he thanks all for asking. pr

Just got off the phone w/Magoo and he's still alive but dealing with some friends illneses, plus a few other distractions in his life. He's doing okay but could always be better. pr

Vike17, I don't think the court was making that suggestion either but were interpreting the HB rule in an expanded manner. The VA routinely denies vets claims for HB based on whether the claimant can walk 100 yards, attend medical appointments, attend therapy groups, eat at a restaurant, ride in a car, mow his lawn, etc. According to the VA one must be virtually bedridden to qualify. By expanding this interpretation it opens the door for many PTSD vets, who find it extremely difficult to leave their homes, to possibly be awarded this additional compensation. I think many have undiagnosed agoraphobia, as part of their PTSD syptoms. I think th VA does this in an effort to keep awards to a minimum, much like they do when they leave out section 4.16(b.), in a denial of a TDIU claim. The less the claimant knows the easier it is to keep them from winning. jmo pr

Just so you know, Rick, it is not my reading but is the BVA's reading. I'm surely hoping it will be. pr

Rick - I have no doubt that the OGC will be offering an opinion, however to me, many PTSD vets have issues that cause them to be confined to home. Whether they will win in the long run has yet to be decided. This is the first I've seen regarding this issue and it's time is due. I'm glad the court is finally dealing with this issue. It can mean an additional $500 +/- monthly to a vet, at least that's what I saw at the lowest level of SMC. Here's hoping, anyway! jmo pr

Yes, my initial post was referring to another case that referenced Hartness v. Nicholson. The case I'm referring to is a friends and isn't on-line yet. Remand was just made by BVA earlier this month. My point is that the BVA pointed it out, which is why I think vets should apply. pr

I think it means the day the check is posted/issued. The government issues checks 5 or 6 dates a month and I think the 27th is one of the dates. jmo pr

Sorry Rick, these quotes are not from Hartness but from another vet's remand which makes the reference to Hartness case and this is the BVA's understanding. Didn't mean to confuse you. pr