Philip Rogers

Carla - I spoke to their intake guy and he advised me to wait for this decision. I'll be in touch with them, again, next week. pr

Berta - no, I don't think so. This guys added up to 80% using standard math addition and mine only adds up to 60% using standard math addition. The whole point is once you are 100% disabled they can't use the "combined ratings table," as it penalizes the claimant twice for the same disability(s). I believe it needs to go to the court. jmo pr

Okay, here's the other 5 pages of the SMC reasons and bases. pr Scan5.pdf Scan6.pdf

Here's the first six pages of the SMC reasons and bases section. pr Scan3.pdf Scan4.pdf

Wings, thank you!!! I'll post the reasons and bases, later tomorrow, as I don't type well and just the SMC reasons and bases section is 10 3/4 pages long. I believe it needs to go to the court as I've never seen any precendence cases and I think they settle and award, prior to the court addressing the issue. (jmo) They do address the issue of the ability to "leave the home to earn a living" as being part of the housebound issue. They also state my credibility is questionable, but I note it's only when it's favorable to me and not when it's favorable to them. I'm sure an attorney can pick this apart. pr

I've kinda been expecting it! I even explained about the issue of using the "combined ratings table" illegally and enclosed reference to a BVA decision. So I'll be filing my appeal to the CAVC next week. I'm rated 100% + 20% + 10% + 10% + 10% + 10% which should be added together, for the needed 60%. Guess we need the CAVC to clarify the rule. pr

coot - that is correct. There should be a statement of "some kind," in the reasons and bases" section, as to why SMC was not awarded. I believe, technically, it is a claim that remains "open" and therefore not a CUE. Remember this is only when the claimant is awarded a 100% schedular rating, for one disability and not a combined total of 100%. I would send the VA a letter requesting the status of the inferred SMC issue claim. jmo pr

When I divorced, in 2000, I notified the VA when we no longer lived together and were seeking a divorce. They deducted the amount they would have paid, for my spouse, from my check (about $130 a month). I notified them to prevent me being over paid and having to reimburse them for the overpayment. She got nothing. Technically, I probably could have collected, for her, as we were still married, but I chose not to. pr

Yes, your other 20% + 10% will go toward the additional 60%, provided it's only your 60% that is used towards your TDIU. pr

Terry, may you rest in peace, knowing you beat the VA, every which way!!! No more dialysis. For those who don't know Terry sued the county or state home he was in and won something like $200k. If I recall correctly, he had some great graphics, on his truck, about the VA, that I'm sure the VA didn't appreciate! pr

Coot - you'll need another 60%, in addition to the 60% used for TDIU. Also they use the combined ratings table, which I, personally, disagree with, especially if the claimant has a single 100% rating. Just another way of screwing the vet. pr

Thanks, Carla, I thought so! I don't remember it being a Golden Corral, tho. Gettin' old! Hugs, pr

Cooter - I don't know that they do. I believe it's almost impossible to reach 100% schedular, unless you have a single 100% disability. jmo pr

John - wasn't Terry, there, at that lunch we shared, some yrs back?? pr

Thanks, John, for the correction! This means one can get HB and A&A, which until now, because I thought they were both "s" awards, I thought they couldn't. Thanks again! pr

That would depend on whether you are 100% schedular, for a single disability and/or are housebound or in need of Aid & Assistance. Both of those are considered "s" awards. If you were awarded 100% schedular and the VA failed to consider SMC, you may have an open claim, already. pr

Carolyn - a vet doesn't need to be SC to receive hearing aids and, in fact, a vet needs to be almost completely deaf to receive any compensation for hearing loss. Tinnitus pays at the 10% rate. To file a claim for hearing loss and/or tinnitus, just write a letter to the VA requesting SC for hearing loss and/or tinnitus, have the claimant sign it and either hand deliver or mail certified return receipt requested to the VARO. Keep a photocopy of the request. pr

Bonzai - I just checked www.va.gov and from what I interpreted the current DIC rate is $1195 monthly, plus an additional $254 monthly, if the spouse was married to the veteran the 8 yrs just prior to the vet's death. I don't think I misread it. You might want to check me tho! pr

jet187 - why did they deny 100% (or TDIU, an inferred issue, when they awarded the 70%)??? Please post the info from the "reasons and bases" section of the decision. Thanks! pr

You are not required to take meds and would not be considered "non-compliant" if you refuse meds. They always ask if you "want" them. In my 23 yrs as 100%, SC, for PTSD, I've taken meds, twice, for about 3 months each time. Life has ups and downs and I prefer to "feel" them. As for seeing a doctor or counselor, for treatment, I feel that it is necessary, for my well being. If you stop your care the VA could someday consider you "cured" and you'd have nothing to rebutt their decision. I'm usually in a weekly group which I find helps me and provides evidence that I'm not "cured." I still go, even tho I have my 20 yr protection. I'd be cautious when considering stopping "all" care/counseling. jmo pr

Where you are should make no difference, unless you are in a communist country. Personally, these days, I'd never consider living anywhere else, other than the old USA, except for short periods of time. Other nation's laws and rights are much different than ours. But as long as your classes are approved by the VA, you should be able to take them from almost anywhere, except as mentioned above. jmo pr

They will probably use the Oct 2010 date, as you didn't appeal the 2010 award. The TDIU claim is a claim for increase, not an appeal of the previous award. When they awarded you 70% combined, they had a duty to consider TDIU and if they didn't "you may or may not" have a CUE, which would bring the 2009 EED. They "could" go back to 2009 but usually don't. jmo pr

I'd think twice about voiding the appeal. It is highly unlikely they'll reduce it and you could win more. jmo pr

Okay, let's all play nice, guys. I don't think anyone is trying to cause trouble or bully someone. It's just a misinterpretation. My thoughts originally went to the PO worker looking for drugs theory but then s/he'd have to be pretty stupid, as the box would be way to heavy and not rattle like pills. I would've taken it to the postmaster, as soon as I received it, opened. jmo (I am not inferring postal workers are stupid, either, just maybe one or two) pr

Carla - funny, how as we get older, "movement" is cause for a celebration!!! ;-) pr