Philip Rogers

If your effective date is any day in October, 2013, you will receive nine months retro - ie: Nov, Dec, Jan, Feb, Mar, Apr, May, Jun & July. Aug will be paid on Aug 29, 2014, due to the Labor day holiday, falling on Sep 1. If you were receiving SC comp, for any other condition, prior to this award, they will reduce your retro payment, to recover any percentage paid during your claim processing period. In other words, if you were 30% prior to this award, they will reduce your retro payment by the amount paid for 30%, for the 9 months and on Aug 29, you will start receiving the full 100% rate. pr

You need to show how much, and when, time was lost, from work, rather than how much leave time you have left. Be sure to tell them that you should be increased, as opposed to a reduced, as your condition is worsening and interfering w/your ability to work, even part-time. jmo pr

I agree w/Vync and NavyWife!!! You should already be keeping a diary, documenting the dates, times, length, etc.. A diary is excellent evidence and the courts have ruled that it can be used as evidence. Remember, any statement written to the VA, that you want considered as evidence, should be written in an affidavit form (meaning sworn/signed and notarized). If it were me, I would bring the ratings codes/descriptions for migraine headaches, so you can show them your current level, in addition to the rules regarding proposed reductions. jmo pr

First, I'm sorry for your loss. If he was 100%, for the 10 yrs prior to his death, his death would automatically be considered service-connected (SC). As it's taken this long, already, I'll assume that's not the case. Hopefully, you had an autopsy but if not, the physician who signed the death certificate should have listed his atomic related cancer as the primary or secondary cause of death. If he had a private physician, they will often sign the death certificate. To everyone out there: I suggest that if your veteran dies at a VA hospital you should be sure to get an independent autopsy. VA doctors are not above stating that they died due to conditions other than SC. jmo pr

If the effective date is any date in January, 2014, pay will begin to accrue on 2/1/2014, with the actual payment being received starting 3/1/2014. Your first deposit should be for six months. Payment starts accruing with the first full month "after the effective date." In your first deposit you will be paid for Feb, Mar, Apr, May, June, July, unless they don't pay you until Sep, in which case the payment would include Aug, also. Assuming they will pay before Sep, you'll get the six months and then start receiving the first of your regular monthly deposits on 9/1/2014. VA deposits are usually posted to your account on the first of each month, unless the first falls on a weekend or holiday, in which case they post on the Friday or last business day before the holiday or weekend. VA releases the money, to the banks and credit unions, about 4-5 days before the first of the month. Most banks hold the money, which they use interest free, until the first, whereas most credit unions will deposit the money, in your account, when they receive it. So having your deposits made to an account at a credit union could mean you get your money a few days early. pr

Don't know what Vash is. pr

Actually, you could contact the VA and let them know you are attempting to work. They do this w/TDIU vets and if they are successful for a year, they keep the TDIU until the year is up. To me, it's not worth losing the 100% payment, tax free, plus ChampVA, if you have a spouse. jmo pr

Berta - you took what I said the wrong way or maybe I should have chosen my words better. What I meant was that the veteran earned the benefit, with "his or her" service, in that many spouses weren't married to the vet while he served. I certainly didn't mean to offend you or any other spouse. My comment was more about the extra benefit the veteran earned. Again jmo pr

It should go to the BVA, because prior to the SSOC you would've have filed a form 9. pr

If he had an open claim, that has yet to be decided, she can request that she takes over the claim for the accrued benefits. She cannot receive his 100%, plus her DIC. His 100% dies w/him. The 100% was his benefit, not hers. The DIC is meant to help replace some of his income. Spouses are lucky to get the DIC, as they probably had nothing to do w/earning it. jmo pr

I would say yes, if they first appeared while in the Marines. jmo pr

I'd just fill out the form and mail it in, sending a copy to your atty. pr

I think an IME, w/an IMO, carries more weight because they've actually seen you and given you an exam. The IMO is just the report. A paper review IMO can be done but doesn't carry the same evidence weight. jmo pr

I don't know what your ratings are for but you should request an increase, stating that they've gotten worse. If your award was within the past year, you should file a NOD. You can file for TDIU while working but you probably won't win. I helped a friend about 15 yrs ago, win TDIU, but the VA wouldn't pay until he stopped working. He worked at a paper mill for about 28 yrs and had 2 meltdowns at work. I suggest you not quit but just wait until they fire you. jmo pr

You posted that you took SS retirement, at 62yo, about 2 yrs ago. You should file for SSDI, now, using the last day you worked as your date of disability onset. You can win and it will raise your SS rate to the full amount you would have received at the full retirement age(about a 30% increase and it should go retro). pr

Sorry about the fiduciary!! I'd fight it. jmo pr

You should apply, if your SSDI is strictly based on your SC condition. pr

The VA is supposed to rate any disabilities or conditions found, during a C&P exam. They routinely declare them NSC and then rate them. Once that's done, good luck trying to get them SC. jmo pr

If you hadn't received notice, prior to the appointment, it won't matter. Sounds like it could be an error, also. jmo pr

If the VA made the error, they generally don't try to recover the loss. In a case where the claimant had the correct rating(by them), originally, he doesn't owe anything, unless they fail to reduce the payment, when they stated they would, and he continued to receive an overpayment and "knew" it was an overpayment. His duty would be to notify the VA of the error. Anytime the VA overpays, a claimant can request a hardship waiver. pr

Personally, I think it is a big deal!! A guy in my group's "current wife," (they haven't been married that long) took the $46k retro money from their joint account and gave "his" $46k retro to her two kids, from a previous marriage. Now I think they stay together just to annoy each other!!! I won't mention what I would've done, to her. Sometimes the money is a breaking point in some marriages. It's best to not have it happen. I agree w/tbird, and suggest you get a lawyer. pr

Gary - unless you have mortgage life insurance on it, it won't be paid off. All assets and debts go to your estate. I hope you have a will and a trust. If not, it go to probate and the court and state take over. All assets get sold to pay off final expenses & debts. Be sure you at least have a will. I helped you w/your claim back yrs ago. pr aka: Flip

Maybe it's time to get the TV News people involved. The problem, as I see it, is that no one is actually looking at the records. I feel you need to get the TV people involved and get it to the CAVC. What happens is the new person always assumes the previous person did it correctly and never looks further. Sorry but that's the way it is. Stay the course and you will win. Ask asknod. jmo pr

Ah, the Moody Blues, I remember the days . . . . one of the best bands ever!!! pr

He may have erred but if he checked you can't handle your affairs, that could hold up any award, until they name a fiduciary to handle your funds. You may want to be prepared to fight it or try to name a family member you "trust" to supervise your funds for you. jmo pr