Philip Rogers

I believe you only have 30 days (it may be only 21 days), from the date of your letter, to request a hearing and failure to do so will result in the reduction taking place as scheduled. Having the hearing can stop or delay the reduction taking place as scheduled. A hearing is probably your only way to stop this, without losing a yrs benefits while you fight to regain his 100%. pr

You should file for TDIU, if you can't work. Why would you not file?? pr

Glad you made it Pete!! Now just live another 30 yrs or so, so the VA can give you all you deserve. Get well soon and stay well! pr

"This is just my opinion" but many VSO's find themselves in a sweet little place where they can make their own hours and then abuse it. I know the VSO's, w/offices at the VARO's, generally have fulltime secretaries and basically dump everything on them, including "manning the store." pr

I've generally used Lowe's, due to their 10% yr round discount, however recently Home Depot made their 10% discount yr round, so I now use them also. I think you could get them both to honor 10% on any amount over $5,000, just buy in $5000 increments. ;-) jmo pr

Probably because he did very little, if anything!!! Remember he had your POA and had full power to do whatever he felt. At best he may have restated your case and said he had nothing else to add. Good luck w/that! Again, this is why I have no use for "most" VSO's. pr

You need a copy of your Claims file - (or C-file as it is often called). There you can see what evidence they had, that you submitted and what is missing. Without the C-file you're in a gun fight, armed w/just a rubber knife. They may not have seen evidence you've submitted, as it could have been lost/misplaced, a favorite trick of the VA. As stated, we need why they denied you, as quoted in the "reasons and bases" section of your decision letter, in order to help. pr

I would complain to your primary care doc that you're having trouble staying awake during the daytime. Have him request another sleep study. jmo pr

They generally take everything under consideration and then decide if it's service connected and how bad it is. They generally lowball on the rate they allow ya. PTSD is rated under code 9411. Look up 38 CFR 4.130 to see the ratings for PTSD. PTSD is rated at 100%, 70%, 50%, 30%, 10% or 0%, depending on how bad the PTSD affects/effects your daily life, and not how bad the stressor was that caused the PTSD. You can look at the descriptions of each rating and figure out where you should be. If they don't rate you properly you can appeal their decision. They started me at 30%, in 1989, and in just over 10yrs, later, 1999, I was awarded 100% back to day one of my claim. pr

I can't help you on the AD stuff but you should be eligible for care/treatment and compensation for the sleep apnea. It sounds like you dropped the ball by not pursuing the original claim. I don't know why they denied it. They should have done a sleep study. pr

You get paid for being the parent of a child. I believe this does not include a child given up for adoption. Children can live in either parents' custody but you still get paid. You can apply that payment towards any support you may be paying. You can also get paid for step-children living w/you. pr

My thoughts are "yes" but I agree w/Chuck, getting the VA to do it will probably be hard and time consuming. Any travel should be payable also for those trips. If you have the time and "patience" you should go after it all. jmo pr

bhoward422 - first, you'd probably get more responses if you posted under your own subject. You could "maybe" get TDIU w/a 10% rating but most likely the VA would raise your current rating(s) and then award TDIU. An extra-scheduler rating must be requested by you, or the VA generally won't award TDIU under 38 CFR 4.16(b). jmo pr

No, there is no requirement that they must allow this. Some will and some won't, as it depends on each doctor. Generally, any physical exam they would probably allow but might have a problem w/a psyche exam, as the patient may not speak freely, w/the spouse present. jmo pr

If you're unable to work you could request "extra-scheduler" TDIU. If you decide you want to try to go back to work sometime, you can try at later date and you have a yr to be successful, before you lose your TDIU. You could also go back to school, if you wanted to try Voc Rehab. jmo pr

Hey - now you can buy a real motorcycle!!! jmo ;-) pr

The only place I can currently remember seeing that you must have served at least one(1) day in a period of war is for a VA pension. pr

John - the problem w/hearing loss, with the VA, is that it must be a fairly substantial loss to receive compensation, for it. jmo pr

You should be able to change it. You can call them but be sure to follow-up with a letter explaining why he needs the appointment changed, so something is in his file about the change request. jmo pr

Pete - I don't think a writ will do anything, as it's not just sitting there. They just keep denying it and bounce it back to the BVA. Then I go to the CAVC, who remands it, again, yada, yada, yada. jmo pr

John - I can't see that getting it out of the AMC will do anything. It's been there a couple of times. It's the BVA that's screwing it up. I plan to get two IMO's to cover myself. I hate to spend the money but I guess I must. It should be fairly easy to find opinions that say my PTSD, "as likely as not" precluded me leaving my home and going to work, 40 hours a wk. I have my Vet Ctr contracted psychologist, Roger E. Poire, whom I saw for 2-3 yrs back in the early 90's, and I'll see what Dr Bash can do. pr

I'd appeal the 50% for ptsd. Adding alcohol won't increase the rating but will service connect any of the damage the alcohol may or may have caused. I'd also pursue TDIU, if you're unable to work. jmo pr

I believe the rate is currently $336 monthly, for a married veteran living w/their spouse. If your SC condition keeps you from leaving the house to work a job, 40 hrs a wk, you should meet the requirements for housebound. pr

I still didn't find anything about one day in a period or war requirement. Here's 38 CFR 3.352 the Criteria for Determining need for A&A: § 3.352 Criteria for determining need for aid and attendance and “permanently bedridden.” (a) Basic criteria for regular aid and attendance and permanently bedridden. The following will be accorded consideration in determining the need for regular aid and attendance ( § 3.351©(3): inability of claimant to dress or undress himself (herself), or to keep himself (herself) ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid (this will not include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back, etc.); inability of claimant to feed himself (herself) through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment. “Bedridden” will be a proper basis for the determination. For the purpose of this paragraph “bedridden” will be that condition which, through its essential character, actually requires that the claimant remain in bed. The fact that claimant has voluntarily taken to bed or that a physician has prescribed rest in bed for the greater or lesser part of the day to promote convalescence or cure will not suffice. It is not required that all of the disabling conditions enumerated in this paragraph be found to exist before a favorable rating may be made. The particular personal functions which the veteran is unable to perform should be considered in connection with his or her condition as a whole. It is only necessary that the evidence establish that the veteran is so helpless as to need regular aid and attendance, not that there be a constant need. Determinations that the veteran is so helpless, as to be in need of regular aid and attendance will not be based solely upon an opinion that the claimant's condition is such as would require him or her to be in bed. They must be based on the actual requirement of personal assistance from others. (b) Basic criteria for the higher level aid and attendance allowance. (1) A veteran is entitled to the higher level aid and attendance allowance authorized by § 3.350(h) in lieu of the regular aid and attendance allowance when all of the following conditions are met: (i) The veteran is entitled to the compensation authorized under 38 U.S.C. 1114(o), or the maximum rate of compensation authorized under 38 U.S.C. 1114(p). (ii) The veteran meets the requirements for entitlement to the regular aid and attendance allowance in paragraph (a) of this section. (iii) The veteran needs a “higher level of care” (as defined in paragraph (b)(2) of this section) than is required to establish entitlement to the regular aid and attendance allowance, and in the absence of the provision of such higher level of care the veteran would require hospitalization, nursing home care, or other residential institutional care. (2) Need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional. Personal health-care services include (but are not limited to) such services as physical therapy, administration of injections, placement of indwelling catheters, and the changing of sterile dressings, or like functions which require professional health-care training or the regular supervision of a trained health-care professional to perform. A licensed health-care professional includes (but is not limited to) a doctor of medicine or osteopathy, a registered nurse, a licensed practical nurse, or a physical therapist licensed to practice by a State or political subdivision thereof. (3) The term “under the regular supervision of a licensed health-care professional”, as used in paragraph (b)(2) of this section, means that an unlicensed person performing personal health-care services is following a regimen of personal health-care services prescribed by a health-care professional, and that the health-care professional consults with the unlicensed person providing the health-care services at least once each month to monitor the prescribed regimen. The consultation need not be in person; a telephone call will suffice. (4) A person performing personal health-care services who is a relative or other member of the veteran's household is not exempted from the requirement that he or she be a licensed health-care professional or be providing such care under the regular supervision of a licensed health-care professional. (5) The provisions of paragraph (b) of this section are to be strictly construed. The higher level aid-and-attendance allowance is to be granted only when the veteran's need is clearly established and the amount of services required by the veteran on a daily basis is substantial. (Authority: 38 U.S.C. 501, 1114®(2) ) © Attendance by relative. The performance of the necessary aid and attendance service by a relative of the beneficiary or other member of his or her household will not prevent the granting of the additional allowance. [41 FR 29680, July 19, 1976, as amended at 44 FR 22720, Apr. 17, 1979; 60 FR 27409, May 24, 1995] pr

Where did you get the idea A&A is reserved only for veterans of a period of war??? I gave a quick look at 38 USC 1114 and couldn't find anything stating that. I could have missed something but I don't think so. pr