Philip Rogers

In that letter does it state that you are 100%? Also, as I always tell all veterans, never,, ever, ever, stop VA care. "This is now your fulltime job." Everyone thinks once they start getting the 100% money, that they no longer need to go to the VA, which is wrong. They get paid over $2600 a month, by the VA, so they can at least show up every couple of months, for followup visit(s). Otherwise, someday, the VA might think you're cured and you lose it or have to go thru what you're going thru. jmo I know you'll win in the end but it could've saved you this hardship. pr

Same BS, different day! jmo pr

I have recently started using my Medicare, w/a Medicare supplement policy and a Humana drug policy. I still get most drugs from the VA but use my Humana policy for meds the VA won't approve and it costs me some out of pocket. I've recently seen a cardiologist, have a pulmonologist appointment and am starting insulin. If I hadn't gone to private doctors, I would have given up on my CPAP, now a BPAP, due to no support, and I wouldn't be receiving oxygen that I need at night. Also I just found out I have some restrictive lung disease. The VA would have never given me these referrals. My care thru the VA SUCKS!!! They only care about doing the cheapest care, for the most patients(called triage), even if some die as a result. Sometimes free care is worth just what you pay for it, "nothing." If you care about your health, don't worry about the cost so much. jmo pr

You folks worry too much. It'll be business as usual, except that some federal employees will get a day or two off, without pay, but will get paid, just a little later. jmo pr

Yes, I can and thanks for reminding me. I'm hating this aging thing. I sit and watch Jeopardy and go duh, when I used to get an occasional one correct. pr I had to correct my spelling of Jeopardy. oops!

Well, I'm finally gonna do it! In the wee morning hours(around 01:00am) of April 26, 1971, I had an "accident" where I proceeded to ride a borrowed Honda, 350cc, motorcycle into a parked car, at a high rate of speed, in an attempt to kill myself. There was/were no alcohol or drugs involved. In 4/1989, I found out I had PTSD and have probably had it since serving as a combat infantryman/paratrooper, w/the 1st Bde(Abn), 1st Cav Div(Airmobile), from 7/1965 - 9/1967, based on a social/behavioral history. I spent 5 days in ICU, unconscious, 3 wks in the hospital and have had multiple surgeries after and due to that "accident." I filed a claim, for those injuries, w/the VA and was awarded 100% NSC pension w/the injuries rated at 70%, retro to 4/26/71. In the mid 2000's or so, after many yrs of VA counseling, I realized that the "accident" wasn't just an accident but was "as likely as not"(my words) a suicide attempt. I've finally decided to file a CUE claim, on my original award. My feeling is that "in those days" a claim for NSC Pension is a claim for SC Compensation and a claim for SC Compensation is a claim for NSC Pension. The VA never considered Service-Connection. I expect this claim will probably take 10 yrs or more to decide. pr

You'll most likely hear something within 90 days or so, maybe. pr

Oh yeah ! pr

Yes. with SC/or comp there is no offset. There is an offset w/NSC pension, depending on how much your SSDI is. pr

I forgot to mention that sometimes there was no discharge physical given, although I believe, it was rare not to give one. pr

If ncoic stands for non-commissioned officer in charge, then I can think of no reason they would/should have your medical records. This could be different in the NG, for all I know. jmo pr

bronco - In a way I kind of agree w/you but if they reduce him w/o the hearing it'll be a fight to get it back and could take some time,as in years. He should definitely have the hearing. I would avoid anything that could skip the hearing unless it's a "guaranteed" win. jmo pr

rpowell01 - that's a hard one. You definitely want to have the hearing and don't want to give them an excuse to cancel it. I would just bring the new evidence to the hearing. I do think that county & state VSO's are generally better than the service org's VSO's, as they are actually more inclined to actually work your claim. jmo pr

Anything could happen but it's probable that you won't lose your place in line. I feel the sooner you have a copy of your c-file the better. jmo pr

You can refute their opinions. pr

Yes, and I think it's covered under 38 CFR 3.156. pr § 3.156 New and material evidence. (a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. (Authority: 38 U.S.C. 501, 5103A(f), 5108 ) (b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of § 20.1304(b)(1) of this chapter ), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period. (Authority: 38 U.S.C. 501 ) © Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to: (i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met; (ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and (iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim. (2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source. (3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim. (4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim. (Authority: 38 U.S.C. 501(a) ) Cross References: Effective dates—general. See § 3.400. Correction of military records. See § 3.400(g). [27 FR 11887, Dec. 1, 1962, as amended at 55 FR 20148, May 15, 1990; 55 FR 52275, Dec. 21, 1990; 58 FR 32443, June 10, 1993; 66 FR 45630, Aug. 29, 2001; 71 FR 52457, Sept. 6, 2006]

Unfortunately, it will come when it comes. It could be this wk, next month, next yr, who knows! Sorry. I have an appeal in since 1999. Just thought I'd give you something to look forward too. ;-) pr

You probably should get an atty because, as I've stated before, the VA does what they want. I'd request another hearing, as it sounds like you really didn't have a "hearing." Did they record the "hearing?" I'd also request a copy of all payments made to you by the VA. It should be in your c-file. Thinking about it, how long have you been taking insulin?? The reason I ask is if you take insulin more than once daily the rating says it's 100% and I would file a claim for CUE back to when they discharged you from the military. Sometimes the best defense is an attack. I'm sorry they're jerking you around. jmo pr

One thing I should point out is: the National Archives, of which the NPRC is a part of, decided to limit the time they'll spend doing research for items, some yrs back. So when they say "they could find no record(s)," what it really means is they could find no records within the 12 minutes allowed for in each search, not that the records don't exist. You might consider either going there yourself and searching or hiring an independent researcher. They have a list of independent researchers you can contact and their rates. I have been to the National Archives, in College Park, MD, a couple of times and found everything I was looking for. Mine involved records of my unit, in VN, from 1965 - 1967. pr

I think it's a random sample review, just to be sure that everything is being done properly, by the VARO. Kind of a quality review, thing. jmo pr

So it you again, huh?? Using a different handle are ya?? Sorry, just kidding! I don't know who, nor do I care, you are but couldn't resist having a little fun w/it. Sometimes I'm not as funny as "I think" I am. Sorry!! I would do the NOD, altho you may just want to send them a little note explaining the problem(s) and request that they correct it. If it's a recent error, they may just correct it. If not I'd do the NOD. They VA can review you claim at "anytime." If they owe you money/bennies, I say go after it. jmo pr

Do you know what type of aircraft it was?? I argue w/a friend who says he landed, on a C-141, in Pleiku, RVN, at a time when the airstrip wasn't long enough to land a 141. If you know the type aircraft you may be able to find a crewmember at one of their websites that could offer a statement verifying it was done on occasion, sometimes, frequently or whatever. All aircraft had flight logs, so it's documented, somewhere. jmo pr

It may, if the veteran is SC. The check/no bank acct system was challenged some yrs back as many homeless don't have accts and use check cashing places. Unless they come up w/some kind of debit card system to replace it, it's hard to tell. NSC vets don't generally get mileage. jmo pr

Yes, they are but remember this is the VA and they sometimes don't follow their own rules. I think you're in fairly good shape. jmo pr

10%. pr