Philip Rogers

JOHN1 - I agree, it should be enough. Have you requested P&T?? Remember they take into consideration your age, length of disability, and prognosis when deciding P&T, also. pr

T8r - you are correct about the 60 days but that's on the actual reduction. A claimant only has 30 days to request the hearing, which is the only way to delay or stall the actual reduction, from happening at the time stated. Thanks for pointing out the 60 day thing, for clarification. pr

RAFA - you may be too late already but I'd request one anyway. They allow 30 days from the date of their notice, plus a couple of days for postal haldling, and it looks as tho you didn't receive it until April 20, 2012. You can always cancel the hearing if you receive a written notice that your reduction order is rescinded. jmo pr

I, personally, sense that you could face a reduction, for a short time but certainly hope I'm wrong. A hearing request could have stopped that. jmo Remember, VA employees cannot be held responsible for anything they "say." Let us know how it works out. Thanks! pr

Carla - I understand what you and the Court are saying. This claimant certainly had additional disabilities ratable at 60% or more. My problem still remains the CRT vs common addition. I can't find any cases where the claimant had 60% using common addition but 50% using the CRT and won an "s" award. Bergmann & Moore now have the case and if I'm lucky I'll live long enough to see the results of the Court's decision. ;-) pr

Pete - I hope your claim is under appeal. If not, I'd file a CUE claim. jmo pr

I would certainly give it a try, but that's just me. I believe the VA made a great deal of errors "back in the day," especially since they were dealing w/the VN era, w/WWII and Korea people(ie: adjudicators). jmo pr

Thanks, Carlie!!! I've read it once and am confused already. Anytime they introduce all those dates, disabilities and percentages, I feel like I just got off a merry-go-round and am confused. I'll keep trying. pr

You need to request a hearing today or your reduction could take place. Having a hearing could delay that reduction until they can process your form. jmo pr

BFR - the VA uses the combined ratings table (CRT) see 38 CFR 4.25. The table uses the "whole" person theory, so that once you deduct the first disability, you are no longer a "whole" person. In your case 50% for PTSD leaves you 50% whole. Now you deduct 30% of that remaining 50%, which would be 15%, which is added to the original 50% for a 65% total disability. Then they take 20% of that remaining "whole" person of 35%, which is 7%, added to 65% and becomes 72%, etc, etc, etc. You can find a link to the table on Hadit's home page or go to 38 CFR 4.25. It kinda makes sense, once you understand it. jmo pr

If you're currently rated 100% for PTSD, I doubt it'll change. They usually rubber stamp the previous Dr's opinion, unless the VA is seeking to reduce. jmo pr

I'm rated 100%, P&T(over 20) for PTSD. First applied in '89 and was awarded 30%. I appealed, appealed and appealed and won 100%, in '99, retro to '89. I've never had a problem. I don't take psych meds. I do weekly group sessions and have for at least 15 yrs. pr

Thanks, Medic!! pr

MPsgt - no offense meant but you need to correct the 80% PTSD rating. PTSD is rated 10%, 30%, 50%, 70% or 100%. There is no 80% rating for PTSD. To get an 80% award you must have some other SC disability, combined, to get the 80% award. Just sayin' . . . pr

I'm assuming you got no buyout or money at discharge. Claims can take from 90 days to 10 yrs. VA says average is about 145 days or something like that. As to what you'll be rated - who knows! With all those conditions we could never even guess, without knowing way more specifics. If you got buyout money, it must be paid back before you ever see any cash from VA. Good luck! Sit back and enjoy the ride. jmo pr

I haven't the foggiest idea what you're talking about. What kind of C&P, for what disability/disease??? pr

Hedgey - have you been playin' ostrich(sp), by keeping your head in the sand? We've been discussing this for a coupla yrs. Just search SMC "s" award & Bradley v Peake. pr

Chuck75 - well put. The VA does what they want, anyway but, according to the court, we're finding that Congress meant something else. SMC"s" award is one of them. The court has stated that congress meant to basically do the best for the vet when considering claims. It will need to get to the court before the VA does the right thing. pr

Teac - I disagree because it's you! Only kidding!!! I feel that at a 90% single rating (which I question) the VA should consider TDIU, just to cover themselves. The court has ruled that the VA is supposed to look at the highest rating possible and if not , at least explain why not. jmo pr

Teac - not to beat this thing to death but after finally getting around to reading Buie, I think the VA has been applying the "s" award improperly. Everything I've read points to added (or combined but not using the combined ratings table CRT). The CRT is a separate matter. Nowhere in the definition of combined does it point to the CRT. Hopefully, when my case gets to the court we'll find out. jmo pr

Thanks, Bonzai and cooter, for the comments! I've heard good and bad on them. It's to the point now, where it could really improve my quality of life, as it is. I just hate the risks of even just "routine surgery!" I know I wouldn't do it at a VA, as students usually do it. Thanks, again!! pr

Are you SSI or SSDI?? pr

Could you please list each ratings code and each percentage, so that we could give you an informed opinion? Thanks! pr

I'm going to disagree w/Teac, regarding the single 90% rating, for your right shoulder, but I need to know the ratings code they used, just to be sure. If, in fact, you are 90% for that shoulder and weren't working then they probably should've considered you TDIU. Look at your original decision "reasons and bases" and see why they didn't award TDIU. If they didn't award TDIU and should've, I'd file a NOD, if within the 1 yr, or a CUE, if over, for the TDIU and I'd add in the SMC "s" award claim to that. jmo pr

and would appreciate comments from anyone who's been there, done that. I've had a pin in my knee since a traumatic motorcycle injury, in 71'. It's really getting painful and for about 10 yrs, now, it's been suggested I have the replacement. I know all surgery has risks and up until now, wouldn't consider it. I'll have it done thru a non-VA service and by someone who's done as many as possible, as I know it takes skill and practice. I have diabetes and am on oral meds, for now, and feel I should probably have the surgery, now, prior to any additional diabetes problems. Any feedback would be appreciated! Thanks!! pr