Philip Rogers

I'd find a new lawyer and go with what they say. Opening a new claim will probably lose your earlier effective date. You need another lawyer and to appeal to the next level. jmo pr

It basically means "sent back, do over." Sounds like it's the BVA remanding it to the RO, for a do over. The RO will redo the claim, make a new decision and if not approved it goes back to the BVA, to confirm it was done properly, this time. You can usually add aditional evidence during the remand. It usually means something wasn't done correctly. pr

It took the VA over 5 yrs to get my records, from SSDI, even tho they were in the same building, one floor down. I gave them my award letter, myself, which expedited my claim. pr

Maybe I'm wrong but I thought it had to be TDIU + 60% or 100%+ 60%??!! pr

jokerwaswild - could you post the complete decision, with all your personal info blacked out. I'm especially interested in their "reasons and bases" section. When a claimant reaches a certain level of disability TDIU is inferred and if the VA doesn't award it they have to explain why. For now I'd fill out the TDIU form, ASAP, and mail it certified, return receipt requested, keeping a photocopy for your records. jmo Airborne, all the way! pr

I suggest waiting for a decision, first. pr

They should have discussed TDIU and why they didn't award TDIU in the 80% award. If they didn't I would appeal(NOD) 80% award, applying for TDIU at the same time. Being unemployed and unemployable are different. You may want to apply for Voc Rehab, and get denied due to being unemployable, which would help your TDIU claim. jmo pr

I'd pursue the TDIU and NOD the 50% that was awarded. If it's been over a year since the award, I'd use the excuse that your PTSD interferred w/your ability to assist much in your claim, causing the delay. I'd also CUE the 50% award stating it should have been higher and why. jmo pr

It is possible that they could go back, provided you actively pursue it. You're talking a nice chunk of change, so it would be worth going after an EED, for the TDIU. jmo pr

Just hang in there, John, you know how the VA is. Just more BS, as usual! BTW, happy belated birthday, old buddy! pr

Is it possible that you have a common name and you and someone else w/the same name are being mixed up?? Just a thought. pr

hawkfire27 - I think not but could be wrong. The monthly, 6 time $3 deductable goes into a discretionary fund, run by the director of that VARO/VAMC, and is generally used to throw parties that they have for the veterans and staff, periodically. That's what I was told. Your explaination sounds easier for us to accept, which to me, sounds false. When have they ever done something for the vet??? jmo pr

JON - You are correct, the VA generally takes too long to pay, which can screw up the vets credit rating. The VA is not supposed to bill for SC treatment but that's never stopped them before. It does happen. pr

If you have that much trouble, and it's PTSD, I would pursue TDIU, if you can continue to survive on your current income rate. I believe you could continue to work sporadically, without hurting your IU claim but that's your choice. jmo pr

I suggest you just tell the truth. Never say you're okay, when greeted by the examiner because he/she will not hear a word after that. Any additional paperwork handed to the examiner should also be submitted to the VSC, to be added to your claim & c-file. They usually try to blame PTSD on childhood events like parental abuse, etc.. Good luck!! And whatever you do don't give up, ever!! pr

I agree w/boomer2. If you apply now for new claims it may slow your other claim(s). However, applying now gets you a now date, where if you wait you will lose months of money if awarded. The choice is yours. pr

boomer2 - thanks, that's what I meant. They never trust us. pr

This doesn't make sense. The VA travel office will always figure the travel pay at .415 cents, no matter what the form says. Remember claimants always lie. jmo pr

I believe the money would go to his estate. There is no reason it should go back to the government, as it's his. The only portion that could be seized is any that was ordered paid to him and he didn't survive to be authorized to receive. Payments go out shortly before the first of the month and if he passes between then and the first they can and will seize that payment from his account. I suggest he get a "living revokable trust," which he can find at suzeorman.com for free. This way he or his trustee control his assets and when he passes, the trustee takes over and does whatever he wanted done. I believe it expedites the process, without waiting for probate and protects his assets, from taxes, etc. jmo pr

Ya know that goes both ways . . . some of us don't text and all that BS, so when you use "ur" & "r" we don't understand and in those cases may not try to decipher what you are asking and therefore don't respond to your question(s). I feel "the questioner" can at least take the time to fully ask the question without resorting to shortcuts, if they want me to take "my time" to respond to their question(s). jmo pr

Absolutely, she should file a claim for DIC, if she isn't already receiving it. She may have other claims, also. jmo pr

Good on you!!! HB, too . . . great!! pr

Congrats!!!! You only got what you deserved, all along. Continue to fight the VA, as needed, and enjoy whatever life remains ahead of you. Stay healthy and live long!!! pr

"bump" is jump moving your post up to the forefront, hoping to bring you more responses. pr

My personal opinion would be that if you want to get it addressed properly you should go to the BVA. However doing so will probably cause a remand and add 2-4 yrs to your claim. I feel the DRO is unlikely to change his/her decision. While a different DRO is probably required, I doubt it will change . . . however I could be wrong. The choice is yours. The problem is they have ya between a rock and a hard place and there's not much you can do. jmo pr