Philip Rogers

You should be safe, however, if you are not P&T, now, I would file a claim for it. You should have applied for P&T once you were rated 100% for 5 yrs, as your disability/condition became static after 5 yrs. As stated you should probably be receiving a Special Monthly Compensation (SMC) "s" award of $336 additional monthly. The "s" award is something you generally don't need to apply for but they could have missed doing it. You do need a rating of 100% + 60% additional. If you have diabetes, you could also have erectile dysfunction (ED), which pays an additional $100 monthly. Since you were rated at 50% for PTSD originally and 2 yrs later increased to 100%, you might want to pursue a claim for an EED. I could probably be pursued as a CUE. They originally awarded me 30% for PTSD and even tho it took me 10 yrs, I won 100% back to my original claim date. You have a better chance of winning that than you do any lottery and it could be worth $30k-$36k retro. Also did they mention "A&A or Housebound" in your original 100% award?? They were required to discuss that, at that time. Could be an open claim? In the event they attempt a reduction you should post that question then. pr

Where are the scars and what size are they?? You can be awarded an "s" award on a temporary condition, just as you can receive TDIU temporarily. If the scars where rated too low you could have a CUE, for some retro money. I helped a brother Nam vet win retro on a wrongly rated machine gun bullet wound scar. They had rated it "0%". The last page they didn't give you is called a "blue sheet." They fear giving out the raters names as they feel the claimant could go crazy, hunt them down, and kill them or do something to their families. jmo Also you mentioned something about a 100% rating being permanent, which you are by being P&T. An "s" award is currently paying $336 monthly or the equivalent of a monthly car payment. pr

Whoops, bronco, you erred. ;-) Married vet w/smc "s" is $3309. $3073 is a married vet w/"k" award. "s" award is currently $336 a month, according to va.gov website. It's okay buddy, even I made a mistake "once!" LOL We forgive ya!!! pr

I agree Dan! When they need fodder, for their cannons, they promise the world but after all is done, they forget. How any people really care about 9/11 now, honestly? They've already forgotten. I wonder if the lawyers a vet?? I kinda doubt it. VA Comp is supposed to supplement the vets income and help make up for what s/he'll lose, during his/her life due to his/her disability(s). Many feel the same way about PTSD. Judge Judy often shows her disdain for those on disability, thru SSDI, as though it's a type of welfare. SSDI is an insurance plan that's run by the Gov't. They set up the terms and conditions for receiving it. I'm sure there are a small percentage of scammers on it but most would rather be working and could probably be earning more, if not for their disability. Anyone who'd consider joining the service, these days, must be a few eggs short of a dozen. I don't know that I'd enlist again, in the Army, these days, based on their broken promises. Just sayin' pr

I think you should. jmo pr

You should have requested P&T after 5 yrs of TDIU. You may actually be "in fact" P&T, because there were no future exams scheduled. If, during the past 17 yrs you had a spouse and/or children, who would have benefited by you being P&T (for school or ChampVA medical benefits) you may want to file a CUE claim. It does happen. I won a CUE claim on the P&T ChampVA issue a couple of yrs ago, back to 1989. pr

Their key to getting around this, is that they may use their employees, on their days off, thus making them "independent examiners" and they are paid separately and probably receive a 1099 tax form, for the exam service. pr

You can put in for SSDI, today. Why wait? If you win SSDI for your SC conditions, it could help your TDIU claim. The TDIU claim could take a couple of yrs, the way claims are currently progressing. jmo pr

Technically, yes, they are using independent examiners, as they are not VA employees but are residents/students and residents are doctors. Now if they use employees, such as NP's, PA's or other employees, that would be in violation. jmo pr

I believe that since it's been recouped you are entitle to a return of the taxes paid on it, however I'm not positive. You should check. pr

C&P exams are usually done independently of the VA system. In VT they usually use VA residents, who do the exams during their off hours, for extra pay. pr

You'll need to work w/your counselor on deciding what direction you want to go in. If you attend school, I think you'll be eligible for full medical coverage while attending school. You should receive a stipend while attending school and tutoring, if needed. jmo pr

I can't see how as there is a combat related requirement. I received mine around 1965-66. I've always considered it one of those "feel good" medals, like California people would expect. I thought everyone got one. jmo Not to say you're not correct but I just don't see it. pr

From what I found online KFS is for good of the service - in lieu of court martial. You might try to get it upgraded, if it was caused by PTSD. jmo pr

Welcome and, to me, it makes sense. The problem is they can drag them out forever! pr

I think they'll also go back the waiting period of 5-6 months, for a total of 17-18 months. But, in her case, they may only go back to the MS diagnosis date, because they didn't consider her disabled before that. pr

Hoppy - I think you can SC this, also, based on the buddy letter. Also, the courts ruled some yrs back that writings in a diary/journal must be considered as true, in the eyes of the court. pr

I'd also get an atty specializing in military law, not a JAG or some working for the gov't. They always lowball you and you will get screwed in the end. You need someone to lookout for you and make sure you get full retirement benefits. They'll be way worth the money they may cost. jmo pr

I would apply for TDIU the day after you stop working and, in the meantime, I'd file for an increase on the PTSD. Don't know about the other stuff. pr

They will probably go back to 11/2011, however they may also decide to go w/the date of the MS onset, as it's a new disability and from what I gather you haven't appealed their initial denial. jmo pr

Carlie - they would owe an SMC "s" award from 4/89, which I guesstimate would be around $50-$60k. The first time it went to the CAVC I think EAJA paid about $20k and the attys won a remand then. So maybe it's only cost them about half but it should have won from the get go. The evidence is there and that's just based on the 100% inferred "s" award issue. In 2010, I had ratings of 100+20+10+10+10+10, w/a 1.9 bilateral factor, which should have automatically awarded the "s" award, using simple addition, not the combined ratings table (CRT), which is illegal because it's punishing a veteran who's already 100% disabled and has a zero ability worth by saying he's whole again and using the CRT. jmo pr

My thoughts are and I could be way off, is that you are being reviewed because you were one of the Army veterans wrongfully discharged, w/o a disability (ptsd), back 10yrs ago or so. That's just a guess, tho. pr

John - they were paid by the EAJA, a total of $7996 and change, for about 43hrs work, over a period of 9 months. They told me that they felt they weren't needed anymore, as it was headed back to the AMC & BVA, but to contact them should I decide different. And yes, I did sign a contract. So far it's cost the VA/EAJA about what they'd have paid me, if they awarded the claim. And some wonder why our Gov'ts in trouble! Just sayin' pr

Hamslice - in reference to your injury, I'd file a claim. You might get 10% for the past 10 yrs. Be sure to keep the evidence once it's taken out. jmo pr

That's interesting Carlie, they told me I needed to wear both in order for them to work and my other ear has minimal hearing loss. I stand corrected! Thanks! pr