Philip Rogers

I think your atty got this done, thru his/her efforts and the VA is now getting it's ducks in a row. Be sure to attend the exam, be honest and don't hold anything back. I'd prepare a list to give the examiner, just to be sure you cover everything, and keep a copy for yourself. jmo pr

Stretch - great reminder!!!! But what they can do is f**k with ya, forever, so sometimes it's best to get it to the BVA and then onto the CAVC, altho it may take yrs. I feel I'm seeing an improvement on claims results, which I hope are caused by the pressure being brought, on the VA, thru the current media & the claims backlog. I sure hope I'm right . . . . . . and that it lasts!!! jmo pr

I don't think it's a matter of who's right or who's wrong, as it is a matter of being accurate info being posted. The law is alive and changing daily. jmo pr

Yes, use your ID for a discount. I always request the gov't rate and show them my DoD, disabled vet ID, which is honored. If they ask which dept, I tell them DoD, as that's who issued the card. They don't really care, as long as you show ID. Most give 10%, however some major hotel chains could go as low as half. pr

Carlie - I believe anytime a decision is made, by the VARO(RO), the claimant has one yr to file a NOD. For instance: The RO makes a decision, on the evidence of record, at that time, and subsiquently receives medical records from the claimant's family physician, causing them to redecide the claim and either award or deny the claim. A new one yr NOD period would begin. The problem is the RO rarely decides on the new info/evidence(as required) but just ignores it, causing a grievous error. Most claimants would assume the evidence was there when the first decision was made. I believe this is why so many attys will take claims to the CAVC using the EAJA, for payment. The RO's make so many errors "because they are not attys" that almost any claim can be found to have a remandable error. pr

I have to agree. Frequently, the VA will send a letter requesting additional evidence and stating that if no evidence is received within either 30 or 60 days they will make a decision. They do that even tho the claimant has one yr, from the date of the claim to submit evidence. They then make a decision. Any evidence received after that requires the VA to redecide the claim. They rarely do, unless the claimant brings it up. That receipt of evidence extends the finality of the decision and the NOD clock starts again. There is also something about "the claimant is assumed to be seeking the maximum award and if not awarded the claim is considered to be under appeal" but I'm not sure if this is still in effect. jmo pr

It should be deposited on Monday, 12/31/12. The money is deposited w/your financial institution a few days prior and many credit unions will post a few days early but most banks use the money for a few days, for free, before depositing in your acct. It is possible it could be deposited on Friday, 12/28 but not likely. pr

Yes, back in 1977, when I was 32 and it was for physical injuries sustained in a m/c accident/suicide attempt. The doctor who did my re-exam was pissed because I was receiving SSDI and some of his patients weren't. He wrote a scathing letter and I lost my SSDI. pr

I've gotta agree, filing a NOD is the only way to preserve the EED (not EDD). Your VSO is acting in favor of the VA by trying to get you to reopen the claim, thereby saving the VA $$$. 10% for PTSD is way too low! I'd definitely drop him/her. jmo pr

I helped a friend's widow, back in May, 2011, and it took about 3-4 wks. He was TDIU, P&T, over 10 yrs. I couldn't believe the VA moved that fast! She received his VA life insurance within 2 wks. Stay well, John!!! pr

Berta - I've emailed them to find out why. I don't think it's AO related but might be one of his guys trying to confirm the crane incident or the abandonment issue for a PTSD claim. I'll post again when I hear. pr

Thanks Kelly! I've wanted one for yrs and may get around to it, shortly. Stay safe and enjoy what ya can!!! pr

Berta - I just received an email w/the following info: "He was 3rd Med. He left Cua Viet between Dec 1st and Dec 7th, 1969. The ship was a LSD or a LST as it had a flat bottom and they were with the 3rd Engineers. On Dec 7th they were in a typhoon off of Okinawa and the crane got loose and was sliding around on the floor of the ship and they ask for volunteers to go in and hook it down again. He and 11 others were left on the dock in Cua Viet for 2 weeks to fend for themselves, as there was no room in the first ship, to leave. This was not a medical ship. He left from Okinawa. The 3rd Marines were pulling out of Vietnam at that time. " pr

Berta - thanks, I've emailed them for more info but it may take a wk or so to get more definitive answers. pr

Thanks, tmoe, I'll pass it on! Good link! pr

Chuck - I helped him win his original TDIU award over 10 yrs ago. He was an ambulance driver, w/a hospital unit, and is currently TDIU, P&T, w/an SMC "s" award. I believe he's looking for the ship he departed VN on. pr

I'm assisting a marine who left Danang, between those dates, but doesn't remember the ship's name. Any links would be appreciated. Thanks! pr

It wouldn't surprise me if they asked for actual proof of you getting off the airplane, ie: boots on the ground, in which case you may need to show some kind of protocol that passengers needed to exit the aircraft during ground refueling. just sayin . . . I guess it'll depend on the rater's mood that day. Sad but true. pr

Thanks, NK!! Yup, I've basically switched to Medicare, w/a Medicare suppliment and Humana drug coverage. I took last yrs COLA and put it to good use. I still get most of my drugs from VA and see my PCP, at my CBOC, twice a yr for prescription renewal. She's pretty good! I use a family RN practitioner while wintering in NC and will be scheduling w/Duke University Medical for an endocrinologist to do my diabetes care, next wk. I don't trust the VA's protocols, as they only care about saving money. It costs me a little $ but is well worth the money spent. As for the OSA, I'll keep trying. Hope the panhandling, oops, I mean gold panning is going well. Any recomendations on a metal detector? pr

They can work your new claim but whether they will is another issue. The problem may be where your c-file is currently. jmo pr

Vync - thanks! I'm still adapting. I just tried switching to a full mask but am having trouble w/that, as when she set me up w/it, she checked the seal at 11 lbs pressure (which worked at the office) but my pressure is 21 lbs so of course it leaked at home. I had to tighten it down so much it became unbearable. Now I'm back to the nasal pillow. I just need to get used to a chin strap. pr

Sorry I missed this earlier, John. Prior to my OSA diagnosis, I would awaken about every 2hrs thinking I'm getting old and my bladder is starting to fail, so I would get up and pee. Once I had the sleep study they realized the problem and now I don't bother to pee, every time I awaken. Since I've started the machines I've had 4-5 nights where I've only awakened once or twice and that's over a period of a yr and a half. I rarely nap during the day, maybe a dozen times over the past yr. No machine can breathe for you, unless it's a respirator, as the air will fill the stomach once the epiglottis relaxes. I'm doing better but was lead to believe my sleep would improve greatly, which I don't think it has. jmo pr

Based on what you've stated, I believe you won. As for the date of your award, remember they don't pay the first 5 months of disability, so payment would start on or about 9/2011 and your atty is paid from your retro amount. pr

You should also be able to receive SSDI and once on SSDI, for 2yrs, purchase Medicare, part B, and a supplement, which I recommend, to all vets. It allows you care other than the VA's, for an option. jmo Tri-care is for retiree's. ChampVA is for dependents. pr

Depending on how badly you are disabled it is possible to receive over $6,000 a month, from VA. pr