Philip Rogers

If it were an FDC claim, they shouldn't need more info. I feel you should respond, by 12/08/2014. I have a Coastie, in my group, don't know his ship(boat) but he was in VN and he's being denied because they can't/won't verify his stressor. He and I have been in the same group(s), off and on, since the early 90's. There's no doubt he has PTSD but his problem is he's a county court officer/sheriff, working per diem and the department knows he's very responsible, so when they're short staffed, they call him. He also doesn't want to lose his right to carry stuff. In your case, you should definitely respond by 12/08/2014, or they'll probably deny your claim. jmo pr What ship were you on?

Good on you!!!!!!!!!!!!!! Take a little break and then come back, and help, if you are up to it. pr

You should be okay, unless you're rated for a back injury and you'll be doing a lot of judo type tumbling stuff. Remember big brother is watching. You don't want to be one of those people, on the evening news who are playing games of basketball or football and getting comp cuz they say they can't walk. There's always someone out there, who is jealous and who doesn't think we should be getting comp, even tho we earned it. I make the assumption I'm always on camera, wherever I go. Just sayin . . . pr

You can reapply, however, I suggest you appeal the previous denial. I believe there is a 4 yr appeal deadline but it may not be absolute. With that in mind, I would find an attorney thru www.nosscr.org. During the period of my SSDI claim, I used a local attorney, who knew nothing about SSDI law (which I didn't know at the time) and was denied. I appealed, pro se(by myself) and was denied again, and I appealed. In the meantime, the SS people took my appeal, called it a new claim and filed a new claim for me. Seven yrs later I contacted an "experienced" attorney who, teaches at the Vermont Law School and she told me there was nothing I could do. It wasn't worth pursuing, as I'd lose. I then contacted www.nosscr.org, who referred me to an attorney, in my area. I met w/her and within 6-7 months she won my case, going back to the date of my re-application. She won about 5.5 yrs retro. I received about $51k (my SSDI rate wasn't that high, due to my sporadic work history, caused by my PTSD) and she received $4k, the max allowed by SS, at that time. I believe the current SS max rate is either $6300 or $6700. It didn't hurt that my ALJ was pro veteran. As for you daughter, you can apply for SSI, which is income based, kinda like welfare, but she could be eligible for SSDI, against your SS account, in that a child disabled before 22yo can receive disability against their father's account because they have no work history. Something you may want to look into. jmo pr I should also mention that during all this time period, I had a slip & fall accident (ice and snow), causing me to fracture my leg. I saw an attorney who stated "you live in VT, it snows and is icy in the winter," so I was out of luck, no claim. I found another attorney and we won more than $25k but less than $30k. I can't discuss the actual amount awarded. I believe we went to, what's called, binding arbitration. The moral is always check w/other attorneys. Just because one says no doesn't mean you can't win.

I have an ongoing appeal on an "s" award claim, that's in it's 25th year. It's been to the BVA about 4 times, at least twice to the AMC and has been remanded by the CAVC twice. I going to ask for his help. (We were both Airborne, so I'll play that card and we just found out that my ex (who is now by best friend) has a cousin, by marriage, who is a Vice president at Procter & Gamble, so I'm considering throwing that in, in hopes it'll give me some clout.) Let's see what happens??? pr

You need to apply for the SS dependent benefit. You should also contact the court and ask that the SS payment be accepted as your child support payment and that you not have to pay the support payment, while the SS payment is being made. jmo pr

The VA will pay for you to go thru VocRehab, should you want to go to school for something. They evaluate you and between them & you they come up w/a plan, for your rehabilitation. They will pay all costs plus pay you around $800 - $1,000, a month while you are in school, in addition to your VA comp. They generally pay up to 48 months of school. pr

britton - I agree w/asknod. When a claimant is awarded 100% scheduler or TDIU the VA must consider HB/A&A as an inferred claim. If they fail to consider HB/A&A, then that claim remains open and if awarded later, would go back to the original claim/award date. In his case 2001. pr

Yes, you can. You should also make sure your alcoholism is service-connected (SC). pr

This is one of my favorite topics, because I worked for an ambulance service, some yrs back, that was owned by a funeral home and I learned a great deal about the funeral industry, then. In most states, a funeral director is required to move the body. Embalming is not required, unless the body is being viewed or stored for more than 24 or 48 hours. The funeral business has helped create laws that almost guarantee the need for funeral services. I doubt you can get an autopsy, for free. Most cemeteries require a concrete vault, for the casket to be buried in. If cremated, you can bury the ashes almost anyway you want. I know someone who took some PVC pipe and used it to bury the relative - no need for a special urn that can run hundreds! Actually, in some states, they allow you to rent a casket, for the wake, and then move you to a $450 cardboard box, for cremation. I don't recommend renting a suit, as the rent still has to be paid if they are buried in it. LOL Depending on the size and ethics of the crematorium, the family could get anyone's ashes. Just sayin" pr

I don't see why it would be risky, as they are/were evidence of what happened, documented by someone else. I know a guy in my group used photos he had for his case and it kinda verified what he was claiming. In his case, he was a refrigeration guy and was responsible for maintaining the refrigerated units, where the bodies were stored, until they could be shipped home. It helped confirm, what he stated, to his C&P examiner and they didn't need to verify his stressor, which expedited his claim. I would submit a copy of the report and photos, with my claim. jmo pr

Good on you!!!! Remember, you are just receiving what you "earned!" pr

Why did you post this question twice, under 2 different headings?? You should delete one. pr

They pay back to the date you filed(2011) the claim. It takes whatever it takes, especially with the backlog, but a few yrs is probably normal these days. You should check on your claim, just to be sure "it actually was filed," in 2011. Did they consider HB/A&A when you were awarded 100% in 2001?? They should have. If they didn't you may have an open claim back to 2001. jmo pr

The last app I had was an application for a job, or my application for VA comp. I'm up by the Canadian border and we don't get service here, so there ain't no smart phones or in some cases, people. ;-) jmo pr

I would take the form to the VA myself and get it done, now, just to be sure she doesn't avoid doing it, when you pass. The more you do, the better for her. You know the VA often denies, knowing that the spouse is overwhelmed, at the time of your death, and probably won't appeal. Just sayin' . . . pr

John - they don't need the financial info unless they are applying for the widow's pension (a welfare type payment). Most of that info, on that form, isn't needed. You can take the form to the VA and they will help you fill out the form & tell you what needs to be entered. When they're helping you, they won't fill out anything that is unnecessary, which is why you should have them help you do it. jmo pr

I'd go after the EED. You could win but it depends on what happened and how much you are willing to fight for it. Housebound(HB) was probably awarded because you have 100% for PTSD and 100% for RA/migraines. I'd also go after the HB for an EED. You could have some descent money accruing. (I estimate about $33k, or more, at minimum.) You need to post your original denial/decision, blocking any personal info, so we can give you an informed opinion(s). It could be an open claim or a CUE. jmo pr

Jerrel - I think you're correct! pr

If the divorce wasn't her fault then she might be able to receive DIC but I would expect she'll have to fight for it, as the VA would take the easiest route and deny her claim, initially. jmo pr

The DIC form I filled out for my friend's widow wasn't that long. Actually, I just sent the VA a letter stating he had died, had been receiving TDIU for over 10 yrs and that they had been married during that whole period, and I also included his claim number. I don't think I did fill out a form, actually. She should have original copies of marriage license, birth certificate, SS card and maybe the original award letter for your TDIU award and also showing her as your dependent. This stuff should all be in your c-file but they often request that it be submitted again. Better to have something and not need it. jmo pr

I live in VT and Bernie Sanders isn't liked by the vets in my vets group. He's apparently done some shady stuff here and he's obviously a millionaire, now, thanks to his "government service." As for McCain, I have absolutely no use for him. He's never done anything for veterans, that I've been able to find. He's used his POW status to improve his life. When I went thru "escape and evasion," we were taught you were supposed to die rather than get caught. jmo As to the new card, the VA sent me one but I don't know what for. Stretch - as to Medicare paying, hospitals will usually bill Medicare, first. If the VA paid the bill and the hospital got paid by Medicare, the VA will get their money back and you could get stuck owing the co-insurance amount. pr

You can contact the BVA, directly, in writing and request that you be afforded a hearing. pr

If you need care, take a day and go to the ER, where they will send you to mental health. do an intake and probably give you meds. Unless you are an immediate danger to yourself or others, they are not going to hospitalize you. If you've already filed a claim, they will send you a letter explaining what you need to win your claim and eventually schedule a C&P exam, for you, w/a shrink type doctor, that is "not" treating you. pr