Philip Rogers

I suggest you request "extra-schedular consideration," for TDIU, based on the examiner's statement. You can be rated TDIU w/less than the minimum required but only if you request it. I had a claimant that was denied TDIU based on the fact that the highest rating he could receive, for his skin condition, was 50%. He had been denied for about 15 yrs. I won his claim by proving his skin condition prevented him working and requesting an extra-schedular rating for TDIU. jmo pr

I sure don't. Maybe 30-60 days? pr

Sounds pretty good to me but that's w/o knowing anymore. pr

It looks like the 40% amount is correct, at $708. If you applied Jan 1, 2013 and won your comp would begin on 2/1/2013 but actual payment doesn't begin until 3/1/2013, as it's paid after the fact or in arrears, meaning the check you get on 3/1/2013 is for Febuary 2013. Sounds like there'd be no arrearage, since your claim was processed sooooo fast. The VA doesn't start paying until the first of the month following the application date. If you applied on 12/31/2012, your first check would be paid on 2/1/2013. That one day difference costs you one month's payment. pr

Sounds very possible to me. Yes, that would be the same as TDIU. jmo pr

I would use the "Statement in Support of Claim" form, which I'm sure someone here will post the number. I would just state: "Dear Sirs, I would like to amend my claim dated xx/xx/xxxx, for PTSD, to include and not be limited to, major depression and anxiety, and any other mental/psychological that may be found that are otherwise unknown to me. I further request that I be awarded the maximum rating allowed by law. jmo pr

I would file an amendment, to to original claim, to include the depression & anxiety. I also feel the VA is trying to avoid the PTSD diagnoses, to save them money, in the long run, as depression and anxiety are curable and so far, PTSD, is not. jmo pr

Time to be patient. Sounds positive to me, especially w/the claim only 7.5 months old. Sit back, relax, plan your upcoming vacation, whatever, just to keep you occupied, for now. It shouldn't be much longer . . . maybe 30 days, maybe 90 days . . . just relax! jmo pr

The VSO's are given advance notice of your award, so they can write you and tell you what a great job "they have done" (and so they can solicit membership funds from you). Wait for the official letter and wait a few months or so before you join, as it's not required and you may have second thoughts about it. Another way to check is to call and ask the VA how much your monthly check will be, as they rarely give out the percentage amounts, over the phone. pr

I think Carlie makes an excellent point here!!! jmo pr

Remember the key to it being a CUE, from the claimant's point of view, is that the decision must be final. You stated that this was a recent decision, therefore I doubt it's a CUE, as the one yr deadline probably hasn't passed, however Berta is correct, they have made an error and you can either ask them to reconsider, CUE themselves, or NOD the decision. We feel an obvious error is a CUE but the VA gives a CUE a legal definition, thereby imposing certain requirements, and this is where most of us make the mistake. jmo pr

What did they say about TDIU?? With a 70% rating they should have considered it, automatically. Can you post their "reasons and bases" for there decision?? pr

The Vet Centers are funded by the VA but are completely separate. Vet Center records are not shared w/the VA unless you authorize their release to the VA. You will not receive travel pay for Vet Center appointments. Vet Centers offer both individual and group counseling and generally more frequently, than you can get at the VA. I've found them to be most excellent!!! jmo pr

I've had PTSD since I left VN, in 1967, only I didn't know it. Attempted suicide by motorcycle, in 1971 but survived, with many fractured bones. I was diagnosed, in 1989, w/PTSD and still didn't believe there was anything wrong w/me. I've been receiving group counseling for the past 21 yrs and find it's the best for me. I take no psych drugs but have taken them twice during the past 23 yrs, for about 10-12 wks each time. I've found I'd rather face life's ups and down's and feel the feelings that come w/them. I've been in cognative therapy and flooding, which I believe they now call exposure therapy. The group counseling helps the best for me. I also use what I call avoidance therapy. IE: I avoid places and things that I find are buttons for me, such as fire works, large crowds, supermarkets, veterans service clubs (where a great number of REMF's tell their lies) and similar places. I've been in the same group for over 15 yrs. I've tried a few others but some just weren't for me. In my opinion, many combat vets are full of sh*t. Some state they were in it 24/7 which is BS. In VN we had many routine patrols, most very dull, but then every once in a while the stuff hit the fan, and if you weren't scared to death your a liar. PTSD hits each of us a different way. What doesn't scare some, scares the hell out of another. Your wife knows you, just like my family knows that the real me died in VN, between 9/65 - 9/67. It doesn't matter where or how you got your PTSD, you should find a group or therapist that works for you and go as often and long as you need it. Over the yrs a few have left our group, some have died, and new ones added. We filter out the phonies and they usually leave quickly. I don't know why they call it a mental illness, as it's a normal response to some very abnormal experiences. I attend my group faithfully because I feel that just because I'm ok, this wk, doesn't mean someone else won't gain from listening to me, this wk. We generally check in with each person in the group and then if someone has something they want to discuss, we will. Sometimes we just remenis and sometimes we really get into some heavy stuff. We always come out feeling better. Good luck, whatever you decide! pr

I don't understand what you are asking and therefore can't comment, as written. pr

It's not likely but the VA can review all the current ratings. Unless some of his claims are fraudulent I wouldn't worry about it. If he was rated 100% back in 2011 and had additional combined ratings equaling 80% and the VA didn't award SMC then the VA comitted a Grave Procedural Error or CUE, in failing to award SMC. There should have been some mention of SMC, in his decision letter, with a statement as to why they denied it. Probably just an oversight but please check and get back to us. Thanks! pr

It's your choice. If you file any claim that needs a C&P, with the AR VARO, you may have to go there for the exam. One other thing to consider is the RO's workload but the choice is yours. jmo pr

The only thing I have to add is that a notarized statement only means that the actual person making the signature is that person, not that the statement is true or that they made the statement. I highly recommend that the statement swearing and attesting be there and the notarized signature appear just below that. Good post Berta!! pr

Please post a link to the PTSD forum you mention. I used to be involved w/one but that was about 6-8 yrs ago. Thanks! pr

I recommend you purchase the Veterans Benefits Manual http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?pageName=relatedProducts&skuId=SKU12734&catId=125&prodId=12734 thru LexisNexis, for $146 plus shipping. It has in it everything you could possibly want pertaining to claims. I now get it annually, as does Berta. A little pricey but well worth the money. pr

It's just moving the post up to current time, in case others missed it. It helps get more responses, as some of us can't be here every day. pr

Newspaper articles are good, provided you can prove you were there. If I have an article saying a plane crashed at wherever AFB, I'll need proof that I was on the base at the time it happened and somewhere near the accident. Now if I was with the fire/rescue unit and on duty that day, that would probably suffice. jmo pr

He should file for PTSD, now, and look for evidence of any of the events you mentioned, as he'll need it. Aircraft crashing should be in ship's log. Search & rescue, in FL, picking up body parts, should be in daily logs. Affidavits from buddies who witnessed what he saw can be evidence also. A sworn statement from you about what he reported he saw at that time, if you knew him then. He only needs one provable event for a PTSD claim. He needs a diagnosis of PTSD also. A vet center is usually a great place to get that and counseling also. Once he wins that, I'd pursue the earlier effective date (EED) back to 2002. jmo pr

The VA can't use that fact to deny you TDIU, as TDIU can be awarded temporarily. There's a chance SSDI will waive that re-evaluation at 5-7 yrs. You need to appeal the VA's decision denying you TDIU. I suggest reviewing M-21 for how the VA should handle claims for TDIU. If your SSDI is for the same disabilities that you are SC for the TDIU should be awarded. jmo pr

John - why doesn't it work? I now have a BiPAP w/pressures of 14 & 21. I don't think it works but I keep trying. Watch the VA, as they'll send you home w/a new machine but not set it up for you. Mine just left it at the factory settings. My civilian doc said it's cheaper, for them, that way. Ya know I'm beginning to think I don't have sleep apnea. When they test ya, they put so much stuff on ya that you need to sleep supine, causing the apnea. (jmo) I generally sleep on my side, semi-prone. Either way I wake up about every 2 hrs. I used to think it was cuz I needed to pee, so I'd get up and pee. I don't do that much anymore but still wake up, with or without the BiPAP, about every 2 hrs. pr