Philip Rogers

Basically there isn't any. You can appeal based on their lack of doing it but the response is "that if it wouldn't materially change the decision then it doesn't matter." jmo pr

The Veterans Benefits Manual, published by LexisNexis is the best. The course Berta & I took, I felt, was very basic and by the time I took it, I had already surpassed it, in my knowledge. AskNod also has a book. As Berta stated, the 2014 VBM is due out in September and I would wait for the new one to be released. You can also buy their editions of VA laws or get them from the Govt Printing office (38 US Code & 38 CFR). jmo pr

Unless you are medically retired I don't see anyway to have a DD214 changed. Being rated 100% P&T, by the VA, has nothing to do w/the DD214. pr

I agree w/Berta. I helped a vet get TDIU for a skin condition. The max rating for the skin condition was 50% and he had been turned down, 3-4 times, including twice w/the help of his congressman. They kept telling the congressman's staff that he was at the max rating he could get, for the skin condition. I took over - requested TDIU and an extraschedular rating. It took about 15 months but they upped him to 60% and gave him TDIU with P&T. If you can't work due to your SC condition they must award you TDIU, period. pr

bmays468 - I don't understand your statement: "Also, im still active duty so i submitted under the wounded warrior program i was denied because they said i make too much money but i had to explain to them that on the ssa website my pay doesnt matter under the wounded warrior program i get out the military in less than 30 days." Are you talking about SSDI(disability) or SSI(like welfare)?? With SSDI you are either disabled or not disabled and income only counts if it's earned income. You could receive dividends from stocks or rental income and still receive SSDI. SSI is for disabled people who have little or no income and haven't paid enough into the SS system. pr

If you're set up on ebenefits you can check there. If not, call Peggy (not a real name) at the 800 number, as suggested by jbasser. pr

I agree, absolutely! pr

Just send the VA a letter stating that you are requesting an SMC "s" award. They will probably order a C&P and either deny or award it. They are supposed to award it, automatically, when you qualify for it, but rarely do. It pays roughly an additional $341+/- monthly. pr

Carla - I think John's already receiving his "s" award, if I recall correctly? pr

I use insulin, once a day and I love it. My numbers are great. Everyone should try to get off metformin, as it takes it's toll on your kidneys. VA had me on 3000mg a day and the max daily dose is 2500mg. I'm down to 2000mg a day but want to get rid of the metformin, cuz it'll kill you in the end. Better to take insulin a couple times a day. The VA uses national protocols at all VA's and really don't care if they kill you or not. jmo pr

Wow, that's amazing!!!! Most give vets nothing. I know Lowe's always thanks me for my service and I always thank them for their discount. These days I always inquire about a veteran or senior discount. pr

Ralph - I'm sorry if you take offense w/my statement but roughly $3k a month for not working is a fairly good income and being paid for not working and then working is wrong. I know it's difficult but one just needs to live within their means and not overspend. jmo pr

Can you post the VA's actual decision, blacking out any personal info, so we have a better idea of what's going on?? For now, I wouldn't withdraw any claim, period. In a way it's good that the TDIU claim was filed. Also, need some background on his military service. When? Duties/MOS? Thanks, pr

You get the first copy free, along with any updated records, that are from the period after your first free copy. Copies after the free copy are generally about 25 cents a page. If you have an extensive c-file, they may offer to allow you to do the copying at their office, for free. They sometimes do this when the file is large, so as to free up an employee to do something else. They've offered this to me, twice. pr

They would total to 88, which is then rounded to 90. pr

Chances are the RO will order a new C&P, in order to rate you, and I would expect them to lowball you. Once you get the rating, you can compare it to how you really fit in the ratings for knees and submit a NOD, if needed. jmo pr

If you can post the decision, less your personal info, we may be able to make an educated guess. Did they award just service connection or is there something more to it?? pr

navy04 - fyi - the doctors don't really grant the claim. Claims are granted by a VA adjudicator, ie: someone who interprets what the doctor reports and converts that to a rating. Hopefully, they do it correctly but more often than not, they don't. pr

They can withhold anything related to your mental health, if they believe that releasing it, to you, would be detrimental to your mental health. Your mental doctor can authorize their release to you. You should contact your doctors about having them released to you. pr

If you have a VSO, that you've signed a POA with, they can do anything, in your name, hence the POA, which you've signed allowing them to do that. The VA will not reduce or stop what you are getting now. In order to reduce or stop they need to notify you of their intent to do so, first. I would just wait and see what happens. Who knows, maybe you'll get an increase due to one of the other conditions. pr

I think you would be hard pressed to win that. The VA has the assumption of regularity, in their favor, which basically means they are assumed to have done everything correctly. I believe the VCAA was implemented in 1999. The fact that you allegedly didn't know you could appeal probably won't hold water. It's kinda like ignorance of the law in no excuse. Any decision by any government agency is appealable. Back in 1984 the VA wasn't required to notify the claimant of basically anything. It didn't change until 1989, when the Court of Veterans Appeals (COVA) was started, which was later changed to the current CAVC . jmo pr

If the VA failed to process a claim, and it's in your c-file, that claim remains open with the claim date being the date it was filed. So yes, the date should be 1981. Just hope they didn't "lose" the 1981 claim!!! They sometimes (frequently) do that. jmo pr

They generally discharge anyone who injures themselves, that early, as unfit(or something like that) for military service w/no MEB/PEB. If he was hospitalized in a civilian hospital, it may have made the local paper. pr

navy04 - Yup, those greedy lawyers!!! Can you imagine, the nerve of them, wanting to be paid for their work and what it cost for their education, to become as skilled as they are. Or those greedy doctors, charging outrageous rates, for IMO's/IME's, so that vets with minimal probative evidence can receive a proper award!!! Just sayin . . . pr

Your error was not rescinding the DAV's POA, prior to signing a POA agreement w/the AL. The DAV had your POA and was acting on your behalf, as you requested. I don't believe in using VSO's. You get what you pay for. Oh, that's right, you're not paying them anything!!! ;-) jmo pr