Philip Rogers

Ooops, Ok, missed the bilateral. Sorry! pr

Good on you!!! pr

Carlie - now you've done it. I suppose we'll now have Homeland Security checking us out cuz you used the "HJ" word. Just what we need. Like vets don't have enough stuff to deal with!! lol ;-) pr

FYI - The veteran must request the "extra-scheduler" rating or it won't be considered. VA employees are instructed not to consider an extra-scheduler rating unless the claimant asks for it. pr

Yes, you should qualify. pr

Thanks, Berta!! I've been patiently waiting and, in fact, was going to ask, today, if anyone had received theirs' yet. Guess mine should be here in a day or two. pr

I come up w/64%, which rounds down to 60%, using the link to the ratings calculator on the Hadit.com homepage. Remember he needn't be 70% but you must request an extra-scheduler rating. pr

I believe that "usually" when an SOC is issued, it's been denied. If you are unable to work because of your SC disability(s) you should apply for TDIU and not wait until you meet some arbitrary percentage the VA states you need. jmo pr

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 pr

Are you working? If not, I'd request TDIU. I'd also file a claim for diabetes, now. jmo pr

Is there documentation of your earlier claims? And their denials? pr

Why do you state the PTSD is civilian? pr

The effective date of the appeal, if awarded, should be the date of the original claim, provided you haven't missed any deadlines. pr

It should. Check your LMSW's clinical notes and see if they note unemployable in there. They should. Your SSDI, for PTSD only, should make you TDIU or 100%. I would request an increase for your PTSD and also TDIU, although technically, a TDIU claim is a request for an increase. jmo pr

In the mean time I would write a brief letter, "today," requesting that you be awarded P&T and I would mail it, either certified, return receipt requested or w/delivery confirmation, to your VARO, by 10/31/2013. The letter can be a simple as: "Dear Sirs, Please consider this a claim for Permanent & Total (P&T) status, for my 100% rating, for my SC PTSD award. I am over 55yo, have had this rating for over 5 yrs., and the condition is static, or should be considered static, as there has been no improvement, nor is any expected, in the past 5 yrs. I request the maximum, allowed by law, of any and all conditions/awards, known and unknown to me, at this time, and that this claim be handled in an expeditious manner. Sincerely, Ruffcreek You can improve on this in any way you want but that's basically all that's needed. You are already service connected, so no statements about your stressors are necessary, now or ever again. jmo pr

The AMC should send you a decision, at the same time it sends it to the BVA. pr

I need to confirm that if two 100% rated vets are married to each other, that each gets their spouse's Chap 35, ChampVA, and dependents allowance??? I fairly sure they do. pr

I'll call ya over the weekend, sometime, but don't change any of your plans, cuz I'm not sure when. I've gotta do some checking of the FL marriage laws and some VA regs, first. I expect to be down in NC, in mid Nov and could possibly swing down then. pr

Thank you for the compliment!!! We'll have to see. I've been considering marrying my favorite Thai restaurant operator. He's recently divorced cuz he screwed around on his wife and got the girl preggers. He now has three kids. I figured I could marry him, I get an extra $150 a month plus whatever for his kids and he'd get college and ChampVA for him and the kids, plus DIC, and I'd get free meals there, until I die. They could also get my SSA, when I'm gone. You and I will have to talk. ;-) I'm serious. pr

Thinking about it more, although I stand a good chance of winning, it could be a remand but I doubt it. Sure would be sweet!!! Their argument has always been that I leave my home for medical appointments, which has been tossed previously by the court, in another case. The court tossing that has opened up many claims for appeal. jmo pr

"So there were probably lots of causes for his fatigue, besides "depression" -- but he definitely complained of fatigue to the VA when he retired, and was evaluated for it within his presumptive period. You would have to meet the standards of CFS to be diagnosed with CFS, but you wouldn't necessarily need to have that level of fatigue for your fatigue to be a manifestation of another disease." I agree. pr

I believe he's saying that the fatigue that Ms XXXXX indicated can be a prominent symptom of lung cancer. I believe it would be better if he clarified his statement more. According to your statement Ms XXXXX reported the fatigue not your husband. I interpret it to mean fatigue can be a prominent symptom of the lung cancer. jmo pr

The key is to move them to another bank, or a safe deposit box. She could also get an atty to represent her, to bargain w/them. Maybe she thought the money was hers' because she notified them and there was no change. That would be an acceptable conclusion for someone unfamiliar w/the VA system. jmo pr

In order to win, at the VA, he will need a documented injury on active duty. jmo pr

I called the BVA about 15 minutes ago and she advised me my claim had gone to Quality Review, as of 10/21/13. This sounds promising, as the VA only reviews approvals, not denials, as they feel all denials are correct. Nothing to do but wait and watch my bank account. jmo pr