Philip Rogers

I think you can win but it'll be a long, long, road to get there. jmo pr

Regs from then are kept in public federal depositories located throught the nation. Your local library should be able to assist you in locating that info. I think you would have a better chance of winning if he has a current diagnosis of PTSD or something similiar. Back in the '70's they weren't required to explain their decisions the way they are now. Most law libraries would probably have them also. pr

Why not get them yourself, as it's not that expensive. I use medicare for my eye exams every yr and get glasses as I need them. Just sayin . . . pr

No, you don't need one disability rated at 40% (see 38 CFR 4.16b). At 70% and a poor work history they should have considered TDIU. I would apply for TDIU, arguing that it should have been considered when the 70% was awarded and explaining why you should be awarded it. I'd also request an increase in your other ratings. I'm sorry the others didn't answer this before now. When was your award?? Thanks! pr

I tried but couldn't figure it out but I think the "m" award for vet w/spouse was $4124, so that's close. pr

Whatever organization your VSO works for would receive a serious letter of complaint, if it were me. In fact I might complain to the VAOIG's office, about it. jmo pr

Hang in there, Dan. Just take it slow and easy. My thoughts will be with you. pr

50/50 chance. jmo pr

Boy talk about a "dumb" question!!! Just kidding. I would think it is an approval, however knowing the VA the way "we" do, it could be an approval of a denial. That being said, I think I'll go w/your feeling. Generally approvals over a certain retro ($25k, I think) require a higher level to approve the award. Also, the only dumb question is the one we don't ask. jmo pr

I'd file a claim, especially if it left you w/any side effects. jmo pr

I suggest that any statements be written in affidavit form and be attested to at the end of the statement, in addition to having a notary witness the signing. jmo pr

I don't know the VA's forms by their numbers so I can't answer your question. Sorry! pr

Can you post why they originally denied you "word for word?" I would like to see their decision before posting anything as to how to handle this. Thanks and welcome! pr

You can receive TDIU and earn some money and the amount is based on the established US poverty level amount, roughly $10k, annually. The exception is a sheltered workshop or perhaps a family run business, where they allow you to miss work due to your PTSD. If you feel it is worth losing about $3k a month, in VA income, I say go for it. Many have done it and many have lost their VA income. The choice is up to you. You can also work for the VA, at about $5 an hr, in what's called compensated work therapy program. jmo pr

Charleese - none of those are presumptive due to AO. Sorry. Hearing loss is very hard to get. Tinnitus, can be easy to service connect (sc), depending on the veterans military occupational specialty (MOS). If he/she was routinely exposed to extremely loud noise, such a artillery, jet engines, engine room noise, bombing noise, etc., etc., it can be done. jmo Here's a link to the VA's current presumptive list: http://www.publichealth.va.gov/exposures/agentorange/diseases.asp pr

Sometimes it could take a yr or two, especially w/the current backlog. jmo pr

Most likely you would be considered TDIU, which pays at the 100% rate. It's fairly difficult to get to 100% piecemeal but it can be done. The easiest way is with a 100% PTSD rating. Other than a 100% rating they usually consider it TDIU. Now I don't know how GA does it's benefits. Most states consider TDIU as 100% for tax purposes. As for Georgia benefits, you'd have to check w/them. Here's their link: http://veterans.georgia.gov/benefits-georgia-veterans pr

Sad but it happens. I'm just glad they got caught. By the way, not much pisses me off these days. I'm more pissed that our society has lost it's common sense and ability to actually "think." pr

I wouldn't worry about it unless you feel your claim is fradualent. That's the only time I feel someone should worry. The VA won't routinely have extra exams just to deny you, when a clerk can do that, easily, for no reason and get away w/it most of the time. Think about how many vets get denied and never appeal because they think the VA is on their side. Rest easy, for now. jmo pr

Whether or not he takes viagra has no bearing on a "k" award claim. His issue is ED not taking viagra. That SMC claim is basically the same way I've seen most VSO claims written. When you use a VSO you're stuck w/what they do. You could just wait and see what happens or you could submit a letter that he is claiming specific entitlement to a "k" award and an "s" award and the reason(s) why. jmo pr

Okay. You can try it. Those original entrance exams were based on hearing thresholds, not actual hearing levels. pr

I disagree. I believe the VA's new criteria for PTSD will be tested in court, inasmuch as they are the only ones that can diagnose PTSD, for vets claims. I believe the VA has ordered their staff not to diagnose PTSD but rather use anxiety or some other disorder, instead. jmo pr

My suggestion would be that you start being seen at a Vet Center, in your area. If there's not one nearby they do have counseling available w/contracted counselors. Also I'd continue to be seen by the VA. The C&P examiner couldn't possibly make a diagnosis based on your statements about your youth. You should also request a copy of the C&P examiner's report. jmo pr

I suppose it's possible. The fact that you may have had a pre-existing condition doesn't mean anything because they accepted as you were. That trumps any pre-existing issue. I'd just pursue the PTSD issue. jmo pr