Philip Rogers

Congrats, you should be all set! The VA almost never changes the decision once they've notified the VSO. They may have deferred the TDIU decision, pending you filing an application or awaiting additional evidence. jmo pr

Teac - if you had an application for HB or 100+60, prior to Peake, that was denied, you should be eligible. jmo pr

I believe the effective date should be 2/19/2011, compensation beginning on 3/1/2011 and actual payment being made on 4/1/2011 for the month of March. No payment for February. You may be entitled to more if you can show you worsened back to Feb 2006. Once you see your decision, you may want to file a NOD and submit your second fusion records and your SSDI records, showing the earlier date, as "J" mentioned. Since you were already SC for the back you may be able to get an increase dated back to 2006. jmo pr

I believe the VA generally uses 3 days, when mailing something to us and that would make it past the deadline. I wouldn't put it past a VA employee to pre-date the decision, either. pr

I believe you are protected at 10 yrs. If the severing starts at August 1, 2012, that's after the 10 yr mark. There's also the issue of the mailing. If the decision to sever is May 29 and the you don't receive it until 2-3 days later, one could argue they missed the 10 yr mark and therefore their decision is invalid. jmo pr

You might try asking what rate you're currently being paid at or ask the date and amount of most current check that's been paid. pr

AF1982 - I've got a question . . . if you have a lawyer, why are you asking us?? You should check w/your atty. That being said, the VA can do anything it wants, legally or illegally. Whether or not it'll stand in court is another matter. The VA typically scares vets off w/illegal decisions/statements. You have the option of a hearing, which your atty should request. I believe a proposal to sever is similar to a proposal to reduce and allows for a hearing, prior to the action. The hearing must be requested within a specified amount of time, or you lose. pr

www.va.gov/ogc/docs/1995/Prc25-95.doc pr

I don't think they can legally sever your SC. While the order is within the time limits the actual severing is not. I think your lawyer knows what to do. jmo pr

You stated "My C&P was in July and my grant was in October, 2002." When was your application date?? What year was your July C&P?? Was the 2002 October grant the day it was decided or the award date?? If your C&P was July 2002 then your award should be at least July 2002. Can you post that award letter?? Thanks! pr

AF1982 - what is the date of the original award, in 2002?? Since the VA is proposing severence you may be protected by the 10 yr rule. If 10 yrs has passed since your award, you are protected, but you need to locate that award date. pr

A reopened claim is basically considered a new claim. I don't use ebenefits so I'm not sure what they mean by what's posted. If they say it's a reopened claim you lose your original claim date. You need to write them and get it corrected. jmo pr

midnight340 - you're getting excellent advice here and, as always, Berta is right-on target. A suggestion from me would be that you send the VA a letter clarifying your "reopening" your claim. I suggest you advise them that your request for reconsideration/reopening was actually meant to be a Notice-of-Disagreement (NOD) with their decision dated "insert date" and a request, additionally, for a reconsideration, w/additional evidence enclosed. None of this should slow down the process but will ensure you the actual original claim date is used, when they make their decision. By the VA listing it as a reopened claim, you lose the original claim date. jmo pr

You can request one when you're willing to pay for it. Other than that, you can get a free updated portion from the date of the last request. If you requested a copy in 2008, you can get a free copy from 2008 to present and add it to the previous copy. Sometimes the VA will offer to allow you to come in and make a new copy free, if you do the copying. I've had this offer, once, but preferred they do it and paid for my new copy, which was around $125, at the time. pr

nanaeris - Please remove all your personal info(service/claim #, your address, etc.), so you don't have the possibility any ID theft happening. pr

I believe she can. Fill out and submit the forms, ASAP. jmo pr

For making a decision, the VA usually likes the exam to be current, within one yr, as it's easier to defend a current exam when making their decision. jmo pr

I don't see how the state is involved, as I feel it should have been in federal court. All VA's are on USA government property and therefore it should be a federal court case. The VA can use unlicensed doctors because they practice on federal property and aren't governed by state law. jmo pr

Yup, that's what I figured, too. Sorry! pr

Coot - that's why we always say to apply as early as possible. If you wait until the first of the month, to file a claim, ya lose a whole month's comp. COLA date was 12/01/2011 but I don't believe it actually shows up in our pay until January 1st's payment, which generally comes 12/31, due to the New Yrs holiday. Just sayin . . . pr

I'm thinking you think you're entitled to more. Could your regular monthly pay have been included and you figured your retro wrong?? I figure your deposit for retro and May, 2012's check, paid 6/1/12, should be 16 months at whatever your rate is. Remember you get nothing for January, 2011 and actual payment for Feb, 2011, doesn't start until March 1, 2011. jmo pr

There's a lot an examiner can see, sense, feel, etc., by being there w/you, such as body language, nervousness, etc.. It just sounds like another way the VA is trying to cut costs. Nothing the VA ever does is to "help" us. jmo pr

Judy, I'm using Bergmann & Moore, myself. I just signed on w/them, in April, for my CAVC case. I received a letter from them last wk explaining the process and the time periods involved. I am quite pleased w/their communication w/me. Just sayin . . . pr

Personally, I would pursue it as a CUE, especially since they subsequently awarded DIC in 2009, retro to 2007. I feel they should have awarded it back to 1990. I would think it would be worth getting an atty. jmo pr

I, personally, don't see how that exam can be considered valid. I'm sure somewhere down the road it'll be tested in the Court. jmo pr