Philip Rogers

Your c-file should contain your service records and any claims related documents. Your medical records should come from the VAMC (and never to two will combine unless you release your medical records to your claims people). The c-file will only have your medical records in there, if you've released them and the VSC requested them. It can take months for them to get from the VAMC to the VSC. jmo When you request records, just request "all" and you can't go wrong. pr

I'm thinking you may have a CUE, in that the VA denied you rather than sending you a VCAA letter, explaining what you needed to win your claim, which would bring your claim date back to 2008. You should have filed a claim back when you were discharged but shoulda, coulda, woulda, applies here and that date is gone. If only we knew then but then the VA works hard to make sure we don't (jmo). If you showed proteinuria and hematuria then, you should have no problem but that doesn't mean it'll be easy. Maybe w/our "new friendlier VA," things will be better. You will need a continuity of care trail, showing your care since 1996 and the more of it the better. Also a IMO, from your kidney specialist/current care provider, would help tremendously. The VA only requires that your disease/disability be 10%, at the time you were discharged, to qualify for SC, which means that your proteinuria and hematuria should meet the requirements. That 10% has nothing to do w/the percentage the VA will rate you at later, but rather shows you were in the early stages of your disease at the time of discharge and therefore it relates to your military service. You also may want to check to see if maybe some chemicals you handled, or were exposed to, in the AF, show a link. Just a thought! On a personal note, if you feel like it, maybe you can help me. My kidneys are running about 67%, early kidney disease, and I have been having gout problems lately and maybe you can help point me in the right direction as to how I should handle this gout stuff. I also have diabetes, type II, well controlled w/oral meds and one dose of insulin at night. My email is VAslayer2002@yahoo.com. Thanks in advance, if you can. pr

Yup, write it down. I bring a list to be sure I tell them everything I want. Loss of memory is part of PTSD. pr

broncovet - that 2 yr period reopens w/each new disability, which is why I recommend that vets file for additional claims and once 100% they can request a waiver of payment and add another $10k that they have to pay for. pr

Personally, I would not contact any of those orgs SO's, as most are useless, in my opinion. You can just send the VA a letter requesting that you be awarded P&T. You should have done it in 2009, as you had 5 yrs w/no improvement, then and would have qualified. If you are receiving your VA mail at your new address, you can send it to your local VARO, or if your file is still in Virginia, you can send it there but you may need to attend a C&P exam, in Virginia, should they require one. pr

Good luck!!! Generally, the examiner will agree w/the previous examiner, unless the VA is looking to reduce and has sent him/her instructions stating what they want. jmo pr

I was impressed, as he seemed sincere and doesn't seem politically motivated. Obviously, he doesn't need the money, so I think he really wants to help and that's what we need. Time will tell!! jmo pr

True, John, a death in a family can bring out some of the worst behavior, in some family members. It's a real shame but it sure happens. pr

Forgot to mention, both the VA and SS have people who follow the obits, so they know who's died and who they can swoop in and seize their latest payment, from their bank account. Sad but true. We should all talk about our demise, freely, and do it now, as it will happen, no matter how much we avoid the conversation. again, jmo. pr

John, I "commend" you for discussing these things w/your wife. Most people tend to avoid talking about the fact that we are all going to die. It's just a fact. By avoiding it, we are doing our loved ones a great disservice. When death happens, many are overcome with the loss and grief and don't know what to do. It's amazing how many don't have a will or a trust!!! Many funeral directors prey on this, often by making the family feel "cheap" and upgrading them to an expensive funeral, they can't really afford. I suggest leaving a folder with after death instructions, with copies of life insurance policies, maybe a final personal letter to your spouse/family, instructions as to who to contact for help, funeral instructions/requests, etc.. You should let a few others, you trust, know where this folder is kept, just in case your spouse/family can't function at the time of your death. As to your question(s), I believe ChampVA continues intact but I'm not sure. You may want to write the VA and specifically ask for a written answer. A friend died, a little over 3 yrs ago, who'd been TDIU, P&T, for a little over 10yrs, and his widow received her DIC within 6 wks of his death (we filed immediately after he died). His VA life insurance policy paid in about 3wks. I was amazed!!! Myself, personally, I want the cheapest disposal possible, direct cremation, w/no service, no obituary, no military honor guard - I just want my death/passing to go unnoticed! My mom donated her body to Tufts University, in Boston, for their cadaver program. Our cost was zero. A year later we received her ashes and a letter from the school thanking her, and us, for allowing them to continue their program. It was my mother's final wish and saved us at minimum about $3k. BTW, most newspapers charge a hefty amount for an obituary. They are no longer free. jmo pr

As I recall (which could also be wrong, w/my memory bumps) the VA is required to completely consider the SSDI award and are required to discuss why they disagree, if they do. There was something, in the regs, that I remember, a few yrs back, that the Secretary (aka the VA) is required to accept the SSDI ruling but I haven't been able to find it. pr

Lucky you, Berta!!!!!!!!!!!!!!!!! pr

You should be eligible for DIC, no matter what he dies from. Once he hit the 20yr mark he's protected. pr

I would send a copy of the records, today, if not sooner!!! Why wait, it'll just stall your claim. jmo pr

My travel board was in 1992 and it took at least a yr to get the decision. pr

As long as they are a currently licensed physician, it should be more than acceptable. pr

No, it shouldn't. pr

As long as you stay under the poverty level (around $8k-$9k) per yr, you should be good. Personally, I don't feel someone can work "if they're really disabled" and receiving disability. Why risk losing about $36k, tax free. If awarded TDIU you can try to go back to work but you must tell the VA. The VA gives you a trial period of one yr, to be sure it works out, before cutting your TDIU. Social security has something similar. jmo pr

Also, the VA likes to have current C&P exam results (i.e; those no older than 6 - 12 months) when making their decision. The VA wants a C&P exam for each and every disability claimed, unless there is enough current medical evidence available. jmo pr

Adding to Berta's post, you should "waive the original organization review" of any new evidence being submitted to the BVA, as it would force a remand if you don't waive it, which would cause another 2 yrs of processing delays. jmo pr

If you are not 100% due solely to PTSD you can earn money. If you took a reduced SS retirement at age 62, you should apply for SSDI, using the either the date you retired or the date you were awarded 100%, whichever is the earliest. When you win the SSDI, they will up your rate, retroactively, to the full retirement rate, that you lost by taking early retirement. I believe that SS takes $1 for every $2 you earn until you reach age 66, at which point they no longer take anything except any income taxes due. pr

You need to file a claim for TDIU first. Then the VA will send you a letter telling you what you need, to win that claim, and you will have one year to submit the evidence. Waiting to file for TDIU will cost you money, should or when you win. jmo pr

It's better than nothing!! Didn't congress already pass the VA funding bill so that it's automatic and doesn't have to be voted, again, on this yr?? Or did I misinterpret that?? pr

Realistically, you don't. (jmo) Maybe if you're really old and terminal? pr

If you're a "hair away from 60% for hearing loss," I believe the VA should've awarded you the 60%. When a claimant is a toss up between ratings the VA is supposed to rule in favor of the claimant. Also one does not need to meet all the criteria of that particular rating. jmo pr