Philip Rogers

Harley-1, congrats!!! I'm happy for ya! Just so ya know you are TDIU and not 100% . . . but you are paid at the 100% rate . . . and it's P&T. That's so great. Remember to check on all the bennies that go with it, both VA and state. Save some of that retro for a rainy day, as it's real easy to overspend. jmo pr

meg - here is my quote: "Posted 28 October 2013 - 06:27 AM" "My suggestion is to learn the "required symptoms" of PTSD and be sure to answer yes to the them when asked. Most vets w/PTSD have suicidal/homicidal ideations. If you have a plan, you generally get a higher rating. Best to deny the homicidal but admit the suicidal. jmo" No where did I state "answer yes to all the questions." The C&P examiner does or doesn't diagnose the condition, which is why they have the C&P exam. You will also note these are "just my opinion(jmo)." I have never instructed anyone to lie. VA claims and treatment are two different animals. I'd never count on the VA for help in treating PTSD, as they do little except medicate, medicate and more medicate. I personally believe that new vets w/PTSD can be helped. PTSD, if caught soon enough, can be treated and can even get some resolution but there is the need to admit it's there (not avoid it by calling it adjustment disorder or some other disorder) and to help the veteran immediately, financially, so his/her life doesn't go down the tubes while the VA's deciding their claim. For VN vets it's kinda 35 yrs too late. I've had it for 48 yrs and it's a little late to change my thought processes. I have changed much, using avoidance therapy, but I have nowhere the quality of life I might have had, had I not served my country, when asked. Thank you for caring for the vets you serve! jmo pr

The VA has supposedly done away w/using the GAF in deciding claims but I'd guess a 30% - 50% rating. You should also file a claim for alcohol use/abuse, secondary to PTSD. pr

J - I had an atty. The court sent it back to the BVA, who has now sent it to the AMC, again. This is the 3rd or 4th time at the AMC. This time I'll have an IMO, from one of my previous shrinks, stating that my PTSD kept me from leaving the house to work 40 hrs a wk. I don't think there's anything a lawyer could do, at this point. jmo pr

If it is a proposal to reduce you need to request "a hearing" immediately. If you miss the deadline they will reduce automatically. pr

Okay, received the decision . . . Remanded . . . to the black hole known as the AMC. So it'll probably be another 2-4 yrs, or maybe more, before I get any resolution. They've ordered another housebound exam and a diabetes exam. I did win a 2 month retro of diabetes award date but no change in monetary award. The good thing is it gives me time to add more evidence in that I can get an IMO, from one of my former counselors, which should be enough to finally win it. They still don't have the transcripts of my SSDI hearings, 1990 & 1998, but are once again requesting them. They've been requesting them for over 20 yrs. The BVA lawyer did quote the combined ratings table when totaling additional ratings over 100%, for an SMC "s" award, thereby denying me. That issue still needs a resolution at the CAVC level. A warning to all: every time you visit the VA, for medical care, remember to complain about any medical problems you are having, or are diagnosed with. Every time you see a Dr/RN/PA and they say "how ya doing" or "how are you today" the question is aimed at getting you to say you "you are okay or you don't have any complaints," so that later they can deny your claim(s). They document those statements in your medical records. Just try to remember that everything you do or say will be used against you, if possible. pr

Not sure but it could maybe be a proposal to reduce letter. Just guessing though. pr

To the best of my knowledge: ED begets an smc "k" award, generally not 10%, even if from diabetes. Actually the "k" award is a "bone" thrown to us by the VA for the loss of ability to procreate. jmo pr

The 10% for ED is likely an error, unless you had some type of physical injury, to your penis, while in the military. All PTSD ratings of 100% are temporary, if they have a future exam scheduled or do not include chapter 35 or the statement that "your condition is considered permanent, in nature." Again, the issue of TDIU is moot because you are rated 100%. It has nothing to do with permanence. pr

Technically, yes, his treatment should have caused a review of his claim and they should've given him an increase or at least considered it. jmo pr

Are you sure you have PTSD?? There are other psychiatric disorders that are similar or co-exist. Try going to a vet center and seeing about some counseling. You could have an adjustment disorder. Also there are many causes of PTSD, besides combat & sexual assault. When was your service? pr

If you're looking for treatment, be sure to tell your doctor everything and maybe they can come up w/a diagnosis. If you're looking for compensation, you can file a claim but they usually need a diagnosis to service-connect anything and a link to your service. pr

NK - why dontcha drive your porch to another location or are you set up somewhere now? ;-) pr

The VA tends to deny any claims where the PTSD happened before the service, however, if you never had a PTSD diagnosis, then you didn't have PTSD. You could have had something that triggered a preexisting PTSD or maybe something happened that you don't realize causes you a problem. The VA will treat you but they will try to get out of paying you, if they can. jmo pr

You confused me with this post. I don't understand what you are saying. Could you clarify for me? pr

First of all, nothing the VA does makes sense. It is likely "to me" that he VA would decide the earlier claim first, as each is a separate claim in itself. jmo pr

I don't know maybe a yr or two. This is my 3rd time back at the AMC, I think. pr

I agree w/carlie, everyone should have one. The difference when fighting the VA on a claim is like day & night. Think about being blindfolded at the rifle range. That's what it's like w/o the VBM. jmo pr

Since you are 100% the issue of TDIU is moot. The VA will not consider it, as your 100% from PTSD keeps you from working. The VA doesn't usually rate ED at 10%, unless you have a deformity of the penis, but they do pay an SMC "k" award of $100 monthly. They should have also awarded you an SMC "s" award for your 100% rating plus the additional 60%. 50%+10%=55%, which rounds up to 60% and should pay an additional amount of $300+ monthly. jmo pr

Thanks, Carlie!!! I've been thinking positive. I did a little more calculating and it should be in the $70k range. ;-) Any or all would be nice. I should have an idea, in a few days, when the BVA's decision arrives. pr

What's your goal? pr

If the claim has been under continuous prosecution, it would be the date of the original claim. If you've missed a deadline it would be the date that the appeal is filed. pr

I spoke w/the BVA this morning and my claim has been sent back to the AMC . . . again. I should have the BVA's decision, in my mail, within a few days. It is possible they have sent it to the AMC to carry out the BVA's decision??? Guess I'll just wait a few days and see what happens. I'll post when I hear something . . . 24yrs 6 months and counting. pr

d1ray - I think you have valid claims but it will take a long time and much work to get justice. I feel you could have some retro stuff, also. You should go after them. jmo pr

The VA routinely denies TDIU using that exact quote, 38 CFR 4.16(a). They used it on my claim back in 1991 and, at first, I agreed w/them, until I read the whole 38 CFR 4.16. They purposely deny claims all the time, by misleading the claimant. The claimant must appeal that decision and request an extra-scheduler rating, as they are instructed not to bring extra-scheduler up, unless the claimant asks for it. I assisted a local VFW volunteer VSO win TDIU who had gone to his congressman twice for help. The VA kept telling them that 50% was the maximum allowed for a skin condition, which was true but they never mentioned extra-scheduler rating. He won $72k retro and could've have won more but he didn't want to rock the boat. pr