Philip Rogers

I'm going to have to disagree w/meghp0405 on this one. I believe both the VVA and PH Association have a better track record. Most orgs do have an appeals team that is based in DC, as that's where the BVA hearings usually take place. jmo pr

Yes, contact the Fee Basis office, at your VAMC. I see the knee is now SC but I believe you could also file an 1151 claim, since they screwed up. I'm not sure on the 1151, tho. pr

File the CUE, if you want. Worst thing that happens is they deny you and you continue your appeal. jmo pr

It should be provided you can service-connect it. jmo pr

63Sierra - ya had me going there!! "Evidently the DAV has an appeals team to work on appeals because thats where they said my claim was. I can imagine a team of senior highly trained DAV officers sitting in a room, reconciling my claim, and preparing a ironclad rebuttal . feverishly sifting thru my medical records, taking notes, making phone calls, collecting information, ect, ect," Then reality hit. hahahahahaha! pr

Just my opinion but it's time to get out. No need for any more to die. I used to believe in the USA but lately I've begun to think dying for your country is just plain stupid, as they don't really care. And the rich get richer . . . We shouldn't police the world. jmo We should've learned from the Russians. pr

Being a member makes no difference in how they/any prosecute/defend your claim. I joined yrs ago and wish I hadn't. I consider most VSOrgs as a waste of money, however I found out too late. I feel you are best to do your own claim, as most do absolutely nothing, except maybe submit the forms and the VA will help you fill those out. I'm a Life member of VVA, VFW and the DAV. I wish I'd saved my money. I used to think the VVA was good, until I attended one of their seminars for VSO's. It was sad. The management of most VSOrgs are highly paid and basically political positions. Save your money and spend some on the VBM, about $158, postpaid, instead. jmo pr

They are just statements/affidavits from friends/witnesses/family members that verify your injury(s) and can be valuable evidence. If you had a witness to your injury or someone was there w/you and got it also, it could help. jmo pr

If you're TDIU and P&T she should be eligible for ChampVA, unless there's something I don't know. ChampVA doesn't cost anything and at 65yo picks up the copayment on Medicare. She(no age limit) and any dependent children(under age 26) should also be eligible for Chap 35 educational benefits, if she/they're interested. pr

I would think you should at least apply for ChampVA for your spouse. As I said, I don't know anything about Tricare, except that I keep hearing it keeps costing more and you get less and less. I do feel Medicare "B" is worth the price. I also carry a Medicare and prescription supplement. I've never had a problem w/the VA medically, except they don't test for things they should test for. I'm 68yo, w/diabetes II, left ventricular hypertrophy, hypertension, alcohol history but the VA's never sent me to a cardiologist. All they care about is getting me on some type of "statin" and whether I ever smoked or if I want my butt scoped. Same stupid questions every freakin' visit!!!!!!!!!!!! I now see a cardiologist using my Medicare. Same goes for a urologist. The VA often buries their mistakes and I don't plan on being one, just to save a few dollars. jmo Sorry I started to rant! pr

I agree, that PD is something you'll need to fight. The military has long used that diagnosis to screw vets out of their claim. It may take some time to win but "you can do it!!!" You must never give up, no matter how futile it may seem, at times. They accepted you as "fit" when you went in and they're stuck w/that. Come back and ask for help as you need it. jmo pr

I would never use just the VA for my care, unless I didn't care whether I lived or died. Medicare A is free and "B" only costs about $100+ and is well worth the money. You don't state your ages. Does your spouse get ChampVA? I am not familiar w/Tricare. pr

Berta - supposedly the VA has stopped using those forms, a few yrs back. I know I have guys in my PTSD group that have been TDIU, w/P&T, for yrs and have never filed out one of those forms. Just goes to show you how screwed up the VA is, as nothing is done uniformly. pr

I can't find anything at the court using those numbers, without knowing the yrs. pr

I agree on the IMO but if you can't afford one, file the claim now and start saving for the IMO. You should try and get affidavits from spouse and friends that confirm your actions, that they may have witnessed, in the meantime. jmo pr

Sounds good to me, and yes, it should have gone back to 9/2010. We'd need to see your decision to really confirm anything. Bock out the personal stuff if you decide to post it. pr

Generally, anytime there is a remand order, you are allowed to add more evidence. It is usually in your best interest to add more probative evidence, anytime you can. jmo pr

Yes, when that happens it reopens the window for Chap 35, no matter what their age. If I recall it's covered under "Periods of Eligibility, Child" http://www.law.cornell.edu/cfr/text/38/21.3041 pr

I agree w/basser. pr

Yup, I don't understand the $768 rate, as it doesn't fit any chart/table. Good on the win, tho!!! I'd guess a week, maybe 2, on the deposit, may be w/the regular monthly payment, on the 31st. jmo pr

I guess so. It's basically an earlier date but as such, it should and apparently "does" come with all the benefits. The decision explained that my family members are also eligible for ChampVA. I've been 100% P&T, retro from 1989. This week I'll start contacting them about the insurance. My original award, on PN, was 8/2010 but they gave me such a runaround, about the insurance, I just said F*** it. I'm single and have really no one I want to give it to, however now, maybe I'll just give it to charity, or something. I'll have to think about it. Still looking for a VN wife, tho. I need to marry someone, so they get my benefits and the VA will have to pay & pay, for what they've done to us/me, long after I'm dead. pr

I would file a NOD on that decision and request a DRO hearing, especially if you are now rated SC for that MST. Any decision by the VA can be appealed, including a certificate of eligibility denial. pr

Sure, as long as you're not TDIU and the 100% isn't just for a mental rating. jmo pr

I received my award from the Court ordered decision, for an earlier date for peripheral neuropathy(s). It involves no monies just an earlier date by a few months but it does give me another chance at the $10k life insurance w/waiver and is worth at least $10k to my estate. So altho, some may consider it a loss, I consider it a $10k win!!!!!!!!! I can also probably get the additional $10k, that I pay for. Not an easy feat at 68yo, especially at a reduced rate. jmo pr

Sounds like it. Congrats on the 10%, tho! pr