Philip Rogers

John - no offense but the ratings quoted in 38 CFR 4.16(a) aren't true, as 38 CFR 4.16(b) kinda supercedes it. One does not need 60% or 70% for TDIU, as one can get an extra-schedular rating, w/o meeting those numbers. pr

The reg is 38 CFR 4.16 but there is no automatic increase. A key to winning is whether someone mentioned the word "unemployable" in any of the claim or medical records. pr

Congrats, Rover!! Assuming you'll get nothing for Dec, 2010, you should receive your first payment beginning 2/1/2011, the first day of the next month, after your paid month, and if I figured it correctly, should be 22 months retro, plus any dependent pay, if you have any and applied. Check your bank acct as the money usually shows up quickly. jmo pr

Yes. pr

Hollis - 02/2013 is the next date your claim is scheduled to be looked at. At that time they may decide if they have all the evidence, may request more, may make a decision . . . who knows! Sorry it takes so long but "it is what it is" and that's just life. Your decision is coming, eventually. I know this doesn't help but hang in there. jmo pr

I believe jvretiredvet meant in his statement: "However, if you file a claim within one year of your husband's passing, the effective date (if the claim is granted) will be the date of his date." (should read date of his death). jmo pr

The answers are: 1. - technically, there is no review but the VA could check to see if you remarried, and not advised them. 2. - yes, unless there was fraud or one remarries. pr

Your net worth has no bearing on your DIC and you should not have to fill that part out, unless you are looking for a widow's death pension. If he was 100% for his heart you should get DIC easily and within a few months of his death, provided you've applied. You should be eligible for his SS. If I recall correctly, you can get it at 60yo. You should call them today. pr

Sweet!!!! pr

Sounds like a good yr to me!!! pr

You get the new combined rate from the date of the award, less whatever you've been paid at the old rate. pr

It should. The veteran should apply, anyway. jmo pr

I honestly don't know. You generally have 2 or 3 yrs from the date of the malpractice or the date you found out about it to file the suit. You may be past that date but I would certainly continue to try to find an atty. pr

bronco - not to be difficult but . . . a friend of mine died in May, 2010. He was TDIU over 10 yrs and his wife started receiving DIC, within 4-6 wks. I was amazed, shocked, and utterly in awe at the speed at which the VA moved. They were married during the previous 8yrs, prior to his death, so she receives the $1195 + $254, for a monthly amount of $1449. She received his VA life policy payment within 3-4 wks of his death. Of course she still hasn't received the burial allowances, even tho she paid cash for it. This is not to say all cases will be handled the same. jmo pr

The VA routinely denies TDIU by quoting 38 CFR 4.16(a), which they quoted to you. They did the same thing to me over 20 yrs ago. Their goal is to mislead you and get you to give up your claim. I truly believe they do it intentially!!! If you are unable to work due to your SC disabilities then I would mention 38 CFR 4.16(b) and request an extra-schedular rating. jmo pr

Yes, it could be possible. I would pursue it as an unaddressed or open informal claim, dating back to 2007. jmo pr

Can you please post the decision letter, w/all your personal info blacked out, so that we can give you an informed opinion? Thx, pr

Berta - thanks for everything and go in peace, great warrior. I certainly understand why and understand where you can do the most good for the many. Stay well!! pr (Flip)

Yeah, but this is military, not VA & SSA. pr

You should be able to get P&T by just asking for it. You've had your disorder(s) long enough, w/o improvement and you're over 55yo. pr

How old are you and what are you rated for and how long have you had that rating? pr

I suppose you could call it a deemed deferral but I just call it a grave procedural error. Anyway the claim remains open and can be addressed at anytime, by the claimant, w/no penalty. In my mind, the issue of 100+60 is an absolute, because I didn't include TDIU in that statement. I stated 100+60 not total plus 60, as in TDIU. I haven't read the Peake case lately. You can find more on the inferred issue if you search the COVA/CAVC cases, way back in the late 80's, early 90's. just sayin . . . pr

broncovet - when a claimant receives a 100% rating for a single disorder and the VA doesn't address the HB/A&A issue, in the decision, the claim is considered still open, and not a CUE, as it's not final. All the claimant needs to do is write the VA explaining that issue and requesting the appropriate SMC award. Now whether the VA will award it is another issue. A 100+60 is an absolute award, not an inference, as the VA is required to award the SMC "s" award to those who qualify, period. pr

Anytime a claimant is rated 100% for a single condition, A&A and HB are inferred issues. This probably now includes any TDIU affected under the Peake(think it was Peake) decision. The court also included the ability to regularly leave the house to attend work in the HB rules. By recently I mean the past 3-4 yrs. pr

If he's rated 100% "solely" on his heart condition, he may be eligible for an smc "s" award, for either housebound(HB) or aid & attendance(A&A), otherwise he would need the addtional 60%. If his 100% keeps him from leaving the house to go to work 40 hrs a wk, he could receive HB. pr