Philip Rogers

It could be! Who knows what the attorneys could find in your file. Besides, it's making the VA do the right thing. jmo pr

I used the Chisholm firm, at the court, and they won me a remand. For me they were paid thru the equal access to justice act (EAJA), around $6k-$7k. Good luck!! pr

I believe a correction on that "one year" is in order, it does not need to be the yr immediately preceding death, the one yr requirement was started to prevent persons from marrying dying veterans just to get DIC when the vet dies. If they cohabitated, after the divorce and until his death, she should qualify. jmo pr

My thoughts are 70%, just what you were rated before. As long as you're working I don't think you'll get rated 100%, altho you probably qualify. jmo pr

Sure, just call them, and then they can deny you ever called!! Good luck w/that. I suggest a written letter, certified, return receipt and an email. jmo pr

The A&A or HB is awarded and the "s" award is the money part. The "s" award is the amount that is added to your base rate. If there are additional SMC awards later, depending on the severity of your disabilities, they will be added, as other letter awards and generally replace the "s" award. pr

An "s" award is an SMC award. It is probably your A&A award. jmo pr

britton - 1st rule: never believe anything SS tells you! All correspondence "should be written" because they cannot be held responsible for anything "they say." A good SSDI lawyer can make them go back more than a year, if you've actually had a previous claim that was denied. I contacted a lawyer, who teaches at the Vermont Law School, and she advised me there was nothing I could do. I then contacted an attorney specializing in SSDI law and it took her about 6 months to win my claim and get me 7 yrs retro. I found my atty thru http://www.nosscr.org/ This will be my last post on this subject as it appears you don't want the $100k retro. Good luck, whatever you decide!! pr

britton - I personally think you are being screwed by SSDI. You should have over $100k in back pay they owe you. If you don't want the money, you can just forget it but I suggest you contact an attorney, specializing in SSDI law. They will charge you based on what they win. I believe the current maximum, an attorney can charge, is $6300. No win, no money for the attorney. You can still collect SS retirement while pursuing SSDI. Your TDIU should remain intact unless you go back to work. pr

Payment will begin to accrue beginning March 1, 2013(payment begins the first full month after the claim is received). So you should receive 6 months retro and then the regular monthly payment starting Oct 1, 2014. There should be no payment for February. pr

I'm not sure but the BVA will send you a letter confirming your claim and advising you of the docket number. pr

The key is "is it worth losing your benefits" (perhaps for life) and going to jail, besides. They have prosecuted and won against claimants who have worked while receiving either TDIU or a 100% mental rating. One guy worked in his wife's bar. Had to pay back the money(about $250k) and do about 4 yrs prison time. If you are truly disabled, take the money and forget working. If not, forgo the 100% rating and work and let a truly disabled vet get what s/he deserves. jmo pr

The VA must follow M21 - whatever and after 5 yrs, w/no improvement, should award P&T. You must ask for it tho. pr

At age 55, SSDI is less stringent on the disability rules. You are wise to pursue SSDI, rather than waiting for retirement age, as you get the full rate now and can pickup Medicare in 2 yrs. I'm sure Dr. Bash has you covered!!! Good luck and never ever give up. Keep us posted. pr

It says pelvic excavatum, which judging by what I saw at Wikipedia could possibly cause spinal changes. jmo pr

You're 100% already, so if you're talking P&T, it could be. jmo pr

The VA can review at anytime, as stated previously. If you don't fight it they will reduce you and maybe even try to reduce something??? If you don't mind losing it, don't fight it. The choice is yours. pr

A win is a win!!!! pr

Generally, they only receive the stipend, unless they're in a state that helps pay(or free tuition)to children of deceased or disabled veterans. Each state varies. Spouses and widows can also receive Chapter 35 bennies. This includes the new spouse, if you are divorced and remarry. pr

Forgot to add, might you be better off requesting disability from the DOC, rather than retirement?? pr

You may be able to get SSDI, if you paid into the system, during the past 10 yrs. A friend's son gets 100% from VA, full disability from NH state employee disability and SSDI. As an employee of the PA DOC you may have paid state retirement, rather than SS, in which case you may not be able to collect SS until age 66 or 67. jmo pr

I don't think so, as I don't think I had even heard of this one. The original was the "deemed denied" case and I believe the VA won that. I don't know what's happened since. To me, the deemed denied case violated so many rules, that I couldn't believe that it passed. pr

No! Generally, they go back to the date your claim was made. pr

What I see is they combined the sleep problems w/the anxiety disorder and you didn't appeal it. Now, you have to win the OSA claim and then pursue the earlier effective date(EED). You can try combining the OSA and the EED but most times it's easier to win the OSA claim and then go after the EED. jmo pr

I agree, it is not a CUE, but and this is just an educated guess, I think you can win a claim for Sleep Apnea and eventually win a retro date, to your original claim "but" it'll take you 4-10 yrs to do it. You'll need to win the SA claim and then go for an EED. A while back the VA won a court case that established that they do not need to deny all claims that were originally claimed because if the claim was not mentioned in the decision, then it is considered denied. I'm not sure what case it was but I feel it was a real setback for claimants. jmo pr