Philip Rogers

Just to let you know, they often do things like that. One day, in my Vets group, the counselor noted in our progress notes that we didn't want to work that day, "meaning work on group PTSD things" and sure enough the adjudicator picked part of that sentence to deny by claim. You can win but you must understand that it's not personal, it's systemic, they do that to everyone. You might want to go to SS and view their records on your claim w/them. Never give up!!! It took me 10 yrs but I won 100% retro to day one. You might want to get an IMO on that PD, stating that you don't have one. The reason they use a PD is that they don't have to pay for that. The key is they accepted you as fit for duty, so it's on them to pay you. jmo pr

I don't see anything attached. pr

The VA is required to decide SC on any conditions it finds during a C&P exam. The decision w/7 diagnoses on it should have had some kind of denial for 3 of those diagnoses. The SSOC is supposed to be a thorough explanation of what evidence was used, how they decided and why. They may or may not decide some issue(s) in that SSOC, if there were multiple issues being appealed. pr

You simply write a letter, as I stated, requesting an increase, rather than stating "Please consider this a notice of disagreement (NOD) with your decision dated xx/xx/xxxx." As for your friends, they can file online or write a letter to the Veterans Service Center, explaining what they are claiming. They will eventually have to go to the VA for a C&P exam or be denied for not showing up. pr

I would continue my claim/appeal. I checked asthma and it is not listed in 38 CFR 3.309, presumptive diseases. pr

According to what, I interpret, Harleyman saying, is to file for an increase, with any new evidence you have, just prior to the one yr deadline and NOT filing a NOD. If it goes to the DRO, he/she probably won't look at the new evidence but will either return it for a new decision, due to the new evidence or affirm the previous decision, thereby causing the next appeal step to be the BVA (3-4 yrs). If they accept it as a claim for increase, they will probably order a new C&P (as the old C&P is a yr old) and any new records they may control and do a new decision, hopefully an increase w/a retro date. jmo Also you could argue the claim for increase was a NOD, since it was filed within the one yr appeal deadline period, later if needed. Again jmo. pr

71M10 - What does 30 days have to do w/it?? If you want a DRO, I would ask for one but remember what Harleyman said, they only review evidence already there. It's a new look by an independent person. They can either increase or leave the decision stand but can't reduce. pr

Here's 4.19: § 4.19 Age in service-connected claims. Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis for a total disability rating. Age, as such, is a factor only in evaluations of disability not resulting from service, i.e., for the purposes of pension. [29 FR 6718, May 22, 1964, as amended at 43 FR 45349, Oct. 2, 1978] Where do you see age being considered?? I agree w/jbasser, you'll need an IMO. jmo pr

PamelaQ - please don't get me wrong, I don't think you'll lose your DIC, it's just that even w/marriage documents the VA doesn't usually move that quickly, so I would think they'd really need to prove the common law marriage. Sorry I didn't intend to make you worry! The ID is for use on federal property, so I see no reason for them to deny you, especially since they awarded DIC. Again, I'm sorry for any distress I may have caused. pr

You do have PTSD and with a 60 GAF I would guess you'd get 10% - 50%, max, probably 30%, "if" they award service-connection (SC). jmo pr

I'd go w/what Harleyman says, which as I interpret it is to file for an increase, not a NOD, at about the one yr mark(just prior to the deadline), that way the VA will order a new C&P exam and you'll have that new evidence. I believe that they'll probably make it retroactive as it's so close to the one yr date. If you file a NOD it will go to the appeals section, which is waaaay backed up. As always Harleyman is giving you great advice! It appears the VA is trying to clear the backlog by using computers to do the actual deciding and using RVSR's as data entry clerks. That can be good and bad. jmo pr

asknod - I think I read yesterday, in one of the links that Harleyman posted, that the VA is not allowed to consider the ability of attending medical appointments to refute the housebound rule. I think it was in M-21-1MR part 5. My point is that using the CRT is illegal once the claimant is 100%, because a person rated 100% has no residuals, they are already worth zero. pr

That was good, bronco!!!! pr

As always, thank you again, Harleyman, for verifying what we already felt. I guess we'll have to wait until a case makes it to the court, for justice. Thank you for making the extra effort in posting the rules and links!! pr

I can't see how a state can overrule federal benefits. If the VA is paying DIC, she should get the ID. I suspect she probably shouldn't make waves as she might lose her DIC. Even with a marriage license as proof, it's rare for a spouse to get DIC that quickly. jmo pr

If your condition is worse, I would apply. Maybe the extra money would help you with your care or treatment. When I started my claim (1989) they gave me 30% for PTSD. The more I found about PTSD the more I realized I was worse, probably 100%. I started my appeal with their first decision and kept appealing. In 1999 I won 100%, retro to my original claim date. I won increases along the way but kept appealing. I'm now 100% P&T for 24 yrs and protected. Life has gotten better! I still attend weekly groups and take no psych meds. I still have suicidal ideations but they are way fewer than previously. I still isolate but by now I like it that way. Should you decide to request an increase, remember they may try to reduce you, also. If they rated you 50% you probably should have been 70% or 100%, as they usually lowball you. I would get a copy of my claims file and see if they made an error or CUE, while filing for an increase at the same time. jmo pr

Thanks, once again!! Is there somewhere in m-21 where I can find that?? pr

You should contact the VARO and request a letter from them authorizing you, specifically, to receive he card. The DEERS guy/gal is probably just an e-3 or e-4 flexing their power. You should be receiving ChampVA health insurance, also. pr

Not that I've ever heard of or seen. pr

But jbasser, you understand what I'm saying and why it's wrong, correct?? pr

First off, you can't file a CUE until one yr after your decision date. Sounds like you're trying to intercept the process and that probably won't happen. A DRO review and a DRO hearing are different. You are there for the hearing. I suggest, like others, that you find someone to keep copies of what you're doing. It took them 5 yrs to get my SSDI records, even tho they were one floor down and across the hall in the same building. Best thing you can do is find a hobby, other than checking ebenefits, otherwise you will drive yourself even more crazier than you probably are now!! jmo pr

Please lets not beat this to death until Harleyman responds or someone will close the topic. ;-) pr

I agree, jbasser is probably right but I'm looking for official input. It's not about who's right, it's about "what's right." If you don't understand why and how the CRT works you won't understand what I mean. If the VA is using the CRT after the claimant reaches 100% disabled then they are cheating the claimant. Think about how many claimants have 100% plus additional awards that "add up" to 60% additional that aren't being paid their "s" award. And you don't have to apply for an "s" award, as it's supposed to be automatic. Better yet, think about how they pay mileage these days. They now pay zip code to zip code, which probably awards vets who live closer more money. Either that or they check both on them and pay what is there lesser amount. I lose an additional $6.56 on each round trip besides the usual $6 they take back each round trip. Did you know they don't question an employees mileage?? Just us vets! Remember, their lawyers figure out ways around the rules! jmo pr

You are correct but the key is do they add or combine them using the combined ratings table. Can you list your ratings for us? ie: 100+20+10+10+10=100+60 or do you have something like 100+30+10+10+10+10+10=100+60?? By using the combined ratings table they penalize the claimant who already has a net value of zero, which is what you are worth if you're 100% rated. Part of the key is that they're payment is supposed to help compensate us for wages lost due to our SC disability. pr

Personally, I can find no reason to "ever" withhold evidence that has a probative value on your claim. jmo pr