Philip Rogers

I believe hearings "for proposed reductions" are heard within the 30 days, as once timely requested the reduction cannot begin until after the hearing. The VA will generally expedite the hearing, so they can follow thru w/the reduction, in a timely manner. pr

Good on you!!!!!!!!!! pr

Yes, generally, until you reach the 20 yr protection. pr

Berta - You stated: "I recently purchased the Lexis Nexis CD from NVLSP as I needed VA case law and compensation rates back to 1988. If an advocate doesn't have the VBM by NVLSP, then this CD is so comprehensive on VA case law, that it is a 'must have' for many advocates. It cost me $245 but maybe amazon.com sells it for lower amount." I've been considering making the purchase myself. Do you feel it is worth the money??? Thanks! pr

Yes and no. Generally a RO hearing is done during the appeal process, after a NOD has been filed. Sounds like a predetermination hearing is being done prior to the decision, probably to clarify some issues, in an effort to avoid an appeal and perhaps correct some VSO errors, at the same time. jmo pr

Their whole purpose is to "screw the vet" and I don't say this lightly. They've been doing it since at least WWII and will continue, as long as they can get away w/it. Can you imagine how many WWII vets have gotten screwed, w/a personality disorder (PD), at discharge!!! Sorry, don't want to get something started here!! jmo pr

I find this quite believable and at this point of my life would put nothing beyond our gov't/military doing. Unfortunately, our society doesn't care about the warriors they send off to battle, either. Perhaps they are just beginning to find out just what war "does" cost. jmo pr

I feel you could go back to the original claim date but it would take some time, and may take more appeals. If it's a matter of 10%, for an additional 4.5 yrs, I would go for it. That's about $5k retro. It's up to you! jmo pr

You don't need to wait for SC to receive treatment for PTSD. Request it now!!! pr

Papa - why not post it in 4 posts. Three of 15 pages and one of 16 pages (if my math is correct?) Just a thought! pr

Without knowing the particulars of his case, I believe he could have a CUE claim dating back to his original award date. The VA may have erred in his original award by not allowing for some scarring and perhaps some other underlying tissue and nerve damage. I'd certainly review all of his c-file, especially the evidence used in the original award and his current conditions. jmo To the best of my knowledge, the nerve endings are destroyed in 3rd degree burns and it doesn't sound like they rated any nerve damage. Please, look into it. pr

Personally, I would look for an error in their first decision. You might also check your medical records for labs that show the changes earlier, that they may have disregarded. As to Nehmer, I defer to Berta as our expert. pr

Teac - thanks for the added info! pr

It probably is for vets receiving NSC pension, not SC compensation. pr

I'm going to disagree on this. I believe it will go to him, as he is now of age. SS does it so why wouldn't the VA, also. They are both gov't agencies and required to follow the law. It's sad they will waste it but it's their choice, as they are adults, now. jmo pr

MC - just curious, which do you disagree with? Or is it just my opinions, in general?? Thanks. pr

A key to this would be if your spouse ever made a claim for any condition that may have been caused by Agent Orange. If so, he could possibly receive an EED. jmo pr

It is best not to mention any "prior to military service" problems, as the VA will pick up on those and deny any claims they can, even tho they may have nothing to do w/a current condition but that's just the way it is. If the VA requires a stressor letter, you should do one, or possibly lose your claim. It may be something that needs to be written over multiple sittings, due to the stress it brings w/it, but not doing it will only hurt your claim. jmo pr

John - I'm sorry but I have to disagree w/you. I see no reason the Gov't should support the widow. She does get some good VA benefits but I see no reason why a deceased husband should support his spouse, after his death. He has the option of purchasing life insurance, if he feels he should. I just wish I had a wife just so I could pass the current DIC, Chap 35 benefits, and ChampVA benefit onto someone, just because of all the benefits they screwed us out of, over the yrs. While I'm proud of my service and love my country, I would never repeat it knowing how they have so little regard for us vets, now. I feel current military should have a starting pay of $60k+ annually and full benefits. Over the yrs they have been gradually reducing our benefits and getting away w/it. Meanwhile, VA managers are paid $60k and more and continue to deny deserving claimants, at no risk to them. Our Gov't promises the world when something happens but back tracks, later, when the incident has passed. Sorry but I needed to vent, a little. We better start learning Chinese, as they will be taking over, eventually. jmo pr

I haven't read the 8yr rule nor the 10 rule lately but I believe they are different. I believe the 8yr rule pertains to additional funds payable if they were married for the 8 yrs directly prior to his death. The 10 yr rule has to do w/dying due to other conditions not SC. pr

You can file a claim. The VA will advise you as to what you need to prove your claim, in a VCAA letter, after you apply. I don't know if you can link an abortion to PTSD for VA comp. jmo pr

A hearing on a reduction proposal is different than a hearing on a claim. They always schedule those quickly. As for TDIU, stop worrying about the 60%/70% thing. Your docs say you're unemployable and that should be sufficient, for a TDIU award. Altho, the VA can still deny, those statements count very strongly when or should it go to the BVA. In the meantime, try to get more evidence. Be sure the VA gets your SSDI award info. jmo pr

Close but I always say please and thank you! I am sometimes curtious to a fault, but that's before I shoot them. ;-) pr

File the claim yesterday! You should have filed as soon as you received the SSDI award, in 2010. You may have lost all those months already. What date did SSDI use for you date of onset of disability?? pr

John - you're right, it is called "ticket-to-work." I got my notice, I was no longer eligible, when I turned 66yo, a few months back. Every once in a while I dream about working, again, thinking I'm protected now, w/over 20 yrs. I figure I could be a greeter @ WallyWorld, or something. But then I realize I can't!!! I was helping a guy who does yard work for me, by watering some cement work, I was having done in my yard, the other day and was just doing a little walking and standing, in my yard, for about 4-5 hours. By the end of the day I could barely walk and I'm still sore today. Getting old's a bi*ch! I could probably be a great door stop or paper weight. ;-) I haven't worked since 1988 and it does suck. pr