Philip Rogers

If I recall correctly the benefit of doubt rule is very specific(you may want to read it over again, a couple of times) and many claimants think it means "always." As for asthma, doesn't some of it resolve w/age, in that some young people grow out of it?? Could it be that the claimant had it in the service and it has resolved itself now and the PFT was normal. The claimant may still be service connected for asthma but the rating could be reduced, based on a normal PFT. jmo pr

J - Not officially, from an "insider." I'm fairly sure the VA plays stupid and uses the CRT, starting it over again, which would actually be illegal because they're penalizing someone who is already 100% disabled, and has a "0" disability worth. I just thought I'd ask to clarify, as "we" don't really know. My case is at the BVA, on remand from the CAVC, and I should have a decision shortly. We know that the VA routinely misinforms the claimant by quoting only half of some regulations. When they first denied me TDIU they quoted 38 CFR 4.16(a) but never mentioned 38 CFR 4.16(b). Had I not read the complete 38 CFR 4.16, I probably would have given up. pr

When you have the time, maybe you can answer this for us. What does the VA do when a claimant is already rated 100% scheduler and they have additional ratings that "add" up to 60% (ie: 20%,10%,10%,10% and 10%)?? Do they continue to use the combined ratings table(CRT), even tho the claimant is already 100% and therefore they shouldn't be using the CRT, as the claimant is already completely disabled and should have a value of "0"?? This has to do with an SMC "s" award. Thanks ahead of time! pr

Overpayments generally happen when a claimant is reduced or is notified of a proposed reduction and the VA fails to follow thru with the paperwork. If they find you are better or have improved they don't go after what they've already paid you unless you've committed some kind of fraud. It usually happens when someone gets awarded TDIU and decides to work also. If the VA made the error you can usually get them to waive the recovery, by showing it was their error and that paying it back would cause you an undue hardship. If most of the claimant's disabilities are physical, w/a 100% rating, s/he can continue to work. I believe the VA considers that all of us claimants lie and cheat, which is why they need so much documentation/proof. In a way I can understand it, as many are know to exaggerate their service and conditions. While on the other hand they believe all employees state only the truth, at least until they're caught. jmo pr

They could award it but probably not. They'll probably leave that up to the DRO, tho. jmo pr

Thanks, Harleyman, for the info. As always we appreciate all you can add to Hadit and our "general knowledge." pr

Personally, I would submit the CUE claim and let them figure it out and appeal if denied. pr

They don't award claims for AO. They do award for diseases based on AO presumptive diseases. If we knew what disease, maybe someone could answer your question. Best thing to do is avoid Ebenefis as it's very inaccurate. jmo pr

Best thing you can do is follow Harleyman's advice. As for a VSO, you don't need one. You have your evidence. Bring your diary of insulin taken and your prescription records and you should be golden. jmo pr

Congrats on your marriage!! pr

Ya know you might have some evidence, if the sick call and what the doc did is documented. It should be . . . . somewhere. pr

What are they denying you for?? Do you have a lawyer?? Are you still working?? What's your age?? pr

This is just my opinion but I'd eat at McDonalds prior to my exam, as it's practically guaranteed you'll have extremely loose bowels and maybe some leakage. I'd surely eat foods that disagree w/my digestive system, the day before (maybe drink some of that liquid they give you before a colonoscopy) ;-). I can tell ya don't be offended by what's happening. It may be gross to "some" but ya know, you're still alive. I have days I have serious problems making it to the toilet but I'm still glad for every day I do have. Be sure to explain what's happening and don't worry about embarrassment, as they've heard it all before. jmo pr

I'd like to thank you for taking the time to add your input to this website! It is certainly appreciated by all of us regulars!!! pr

Hemorrhoids are basically a hernia of the sphincter caused by trying to force the bowels to move by bearing down and are often caused in childbirth. I doubt you got them from childbirth and to me "sitting on a wooden box" as a cause is almost laughable. Sorry. They used to tell us grunts we could get them by sitting on the bare ground, also not true. Good luck w/that claim. jmo pr

I'm not sure but I believe it'll be for 6 credits (half-time). I think you need 9 credits for 3/4 time. jmo pr

The VA is required to get SS records for TDIU claims because it'll show your employment history/monies earned. You should apply for SSDI now and not wait. Hollis mentioned reapplying if denied but I believe he meant appeal, as reapplying generally starts a new claim and loses an earlier date. jmo pr

Probably 70% and possibly TDIU. With the SSDI you should get TDIU, period. jmo pr

What are you saying your hemorrhoids are from, sitting on a wooden box??? pr

Good for you!!! May they live long and well!! pr

You need to see why they used 12/1/12. Sounds like the date of a COLA, so may not be the actual award date. Your award date would be 7/28/11, with payment beginning on 8/1/11 and actual payment being received on 9/1/11, if the evidence was there to award the 7/28/11 date. Wait and see when you get the notice. pr

I believe Harleyman can answer this better. I believe they basically need to follow the order but can do the easier ones first in the daily's schedule. Remember they get paid on product completed, not product completed properly. I believe that often thick files are rubber stamped, rather than really thoroughly read, using the assumption that the previous rater did it properly, thereby sending it to appeal hell and guarantying themselves more work. jmo pr

I think she was stating that you should just throw anything at them and go w/whatever they agree to, meaning if you claim enough bs something could be SC. jmo pr

You should be able to draw unemployment. Personally, I'd have a good friend find the kid alone and wail the piss outta him and I'm generally a non-violent person. jmo A lawsuit may depend on the size of the company and whether they are required to follow the Americans w/disabilities act. You could file a discrimination claim and maybe win your job back, and/or a settlement. jmo pr

Hahahahahahahahaha, now you've really got me laughing!!! Good luck w/that. Just getting them to return a phone call would be a miracle, in itself. Sorry to be so cynical but after 24 yrs experience w/various VSO's, I can't help it . . . . again jmo If you do go w/one and they really do help, please let us know, so we can let others know. We have a couple that post here and seem to really want to help but I'm afraid they'll burn out shortly. I think they are like VA employees, most start eager to help but then fall into the rut of really working there and how it really is. Again, jmo. pr