Philip Rogers

I agree. I'd go for it. Your decision. jmo pr

They are looking for a specific incident(s). You can help if you can specify any dates, like a plane crash, a large accident or something like that. jmo pr

Personally, if it were me, I would. You only have time to lose. You're talking, plus or minus, $18k. If you don't appeal, they win!!! Years ago they awarded me 30% and I jumped w/joy, until I realized they were screwing me. Took me 10yrs but I won back to day one, 100% P&T. jmo pr

If you can't work due to your SC condition(s), you should apply for TDIU and request an extra-schedular rating. You don't need to be 70% to get TDIU. pr

I would just state that "you are 100% and that you have been 100% since ??? and there's been no improvement, so you are requesting that you be rated permanent and total (P&T). pr

Depending on why it was deferred it could be months, or even yrs! As long as you aren't being paid you should be okay. jmo pr

I believe that is correct. Probably about 3-5 yrs ago there was a case where they hadn't made a decision and the VA claimed that a non-decision is a denial, or something like that. I believe the Court upheld the VA's position, also. Basically it goes against all legal sense because you have the right to appeal but how can you appeal something you don't realize was denied. Especially within the time constraints the VA has. I don't remember the exact case but I expect someone will get it shot down, eventually. jmo pr

Generally all mental disorders are rated as one, so if your PTSD is worse you could see an increase, but as I stated, they don't add the other psychiatric ratings to it, they just rate it as one. jmo pr

The absence of a decision is a decision under the new rules, changed a few yrs back. Anything not mentioned is, I believe, considered denied. You can change you mind and rescind your "dumb a$$" statement that you wouldn't pursue it. "You" screwed up there! I'd just write an appeal. pr

Something I should mention. When you sign any agreement for the services of an attorney, you should add onto the agreement, that the attorney will send you copies of all work and/or correspondence related to your case that both s/he and the opposing representative(s) have written/sent regarding your case. Additionally, you should require a monthly report of all hours spent working on your case. Any attorney not willing to do this might be suspect of padding their hours. jmo You should have no problem finding a good attorney, in the DC area, as that's where the BVA and Court are located. One does not need to be local to represent in a VA claim. pr

Very common. pr

If you have the DAV as your power of attorney they can do anything "they" want, cuz you authorized them to do it, by signing the POA. Just sayin . . . pr

Try here:

The C&P doctor should have followed the C&P exam guide, unless she was being used to refute your IMO. jmo pr

"Expeditious treatment" is a joke. You're lucky if it's under two yrs. pr

SEA presumptives apply if you have them and you served in VN and some of the waters in or off the coast of VN. You need the diagnosis and proof you served there. pr

A hearing isn't necessary if the evidence is there and speaks for itself. The advantage may be that if it's denied you can head to the Court. Many claimants allow a judge to rule w/o a hearing. jmo pr

Yes, but it should be simple addition, once you're rated 100% scheduler. The ratings table is used to combine ratings based on the whole person theory vs. the disabled person residuals. Once you're 100% you have no residuals but they still use the table against you. jmo pr

Behavior that is grossly Inappropriate, such as: walking around naked in public, laughing out loud during a deceased person's wake, showing up at work, not casual Friday, dressed as Ronald McDonald, etc, etc.. jmo pr

As I stated above, a denial from VocRehab is excellent evidence that you are TDIU. Very often they deny VocRehab as "not feasible" due to the veterans disabilities and are frequently willing to issue a statement as to that fact. pr

Asknod - I don't believe I stated anything about TDIU and the ratings table. I was referring to being rated 100% and continuing to use the ratings table. Once you are 100% you are worth nothing or zero, so continuing to use the ratings table is immoral and probably illegal. I know better than to disagree w/you! :-) pr

Be sure to appeal the BVA's 30% award, when you get it. jmo pr

I have a claim for an SMC "s" award dating back to my original claim date of 4/89, that continues to be denied. My original claim was because my 100% ptsd award/condition kept me substantially housebound but it's been denied for 25 yrs. During the past 10 yrs I've added 20, 10, 10, 10 and 10 but because of the combined ratings table they continue to deny, even though once you're 100%, they can't use the ratings table, as it's similar to double jeoprody(sp). I've been to the BVA four or 5 times and to the Court twice and am still appealing. For a while they used the fact that I was able to go to my medical appts as a reason to deny me but that's now been disallowed. Never, ever, ever, give up!!! I just need to live long enough to win. pr

I have PN in both legs and arms and I get 10% for each, w/a 1.9 bilateral factor. pr

They need to be charged, found guilty and sentenced to prison, with a minimum of manslaughter!!! The system won't change. pr