Philip Rogers

It's from the PTSD w/agoraphobia. If you can get a doctor to say that your PTSD w/agoraphobia, keeps you from leaving the house often enough to keep you from earning a living, (ie: working 5 days a wk, 8 hrs a day), you'll have it made. pr

I'd ignore the malingering note, as the VA figures all vets are malingering. If the symptoms have gotten worse, then they are worse. I'd apply for the increase. jmo pr

Then you can't use your ETS physical, as evidence, and will need to rely on any other evidence of record. pr

usmcman001 - first let me apologize that you were unable to enlist in the Army and had to settle for second best(USMC). Okay, now I'll be serious. I doubt you have a CUE, however you may have the potential to get the earlier effective date(EED), back to the original claim date. In order to offer an opinion as to whether you have a CUE, I would need to see all documents pertaining to that claim and not just read your statements. Sorry! pr

Good on you!!!!! I'm happy for ya! pr

I just finished listening to it and it was a great show!! jmo pr

Hey - how is "Peggy?" I loved that reference! And of course, no surprise you get nothing from your VSO, which is why I'm against using them. You're supporting someone who doesn't work. Might as well be a union employee. jmo As for the deferment, good luck. Just wait on what's been decided and they'll let you know. pr

You should check w/an atty just to confirm. I don't know you but I'd hate to see you lose out thru some erroneous info gotten here. jmo pr

I agree John, most are good honest workers but there are always those few. pr

Carlie - I don't think so. Just before they awarded it the eye exam I had says I don't have it. I still haven't received the notice awarding it. The remand is dwelling on whether my SC PTSD keeps/kept me from leaving the home specifically to earn an income. Based on that I should win and if I do it should be back to '89. Should know in about 4-5 more yrs. jmo pr

I just received another BVA remand on my 1999 SMC "s" award claim, for HB/A&A, inferred issue, back to 1989. This is getting to be fun! You'd think I'd be tired of it but I'm not. This gives me time to add an IMO, if I can find a physician or shrink that can give me a possitive IMO. In the remand decision I discovered I was granted s/c, for nonproliferative diabetic retinopathy of the right eye, effective 9/8/10, considered a complication of diabetes mellitus, but was never notified of the decision. Here we go again (or some more)! pr

Sounds like a simple error to me. All he/she needs to do is appeal it. jmo pr

Probably because they're screened well, drug tested, and shipped to the artic circle and killed, if they screw up. And if they are caught stealing, they also probably have to sign some kind of non-disclosure agreement to avoid prosecution, so that FedEx and UPS can avoid the negative press. jmo pr

The VA frequently used the same examiner, who generally gives the same result. Even new examiners frequently agree w/previous examiners. Whether it's because they are correct, or not, is another matter. Be sure they have the correct address, this time. I personally don't think it's shady, as it was basically your fault, by having two addresses, of record, and failing to check them in a timely manner. just sayin . . . jmo pr

I believe the VA is required to give a minimum of 10 days notice, on C&P exams. In this case, it appears, they didn't. I would request a rescheduling of the exams, based on the short notice and the address error. jmo pr

No offense, john, but I believe the DIC is reasonable, when added to the late spouses SSA retirement payment, especially when you add in the ChampVA and consider they are only one person getting half of the Vets amount. I think on average that would amount to about $2200($1400 DIC & $800 SS) monthly, or more. By that I mean retirees. By then most should be living in paidoff housing. Could they use more . . . s u r e!!! My ex, who remarried, has to survive on about $780 a month SSDI, now that she's separated from him, plus food stamps and Medicaid. She also has Medicare and ChampvA. When her spouse dies she'll get DIC(from him) but will have to cover all her meds, at 25% and copays but she'll get by. just sayin . . . pr

That doesn't surprise me, being he was a veteran and a USPS employee. Basically he was an addict and needed help. USPS probably has an employee assistance program to help him. As for the USPS just firing employees for stealing, that makes sense cuz they don't want to publicize the thefts, so that the general public is aware of their shortcomings. jmo pr

john - yes, they usually get paid only on contingency, except if you drop them, then you generally have to pay any out of pocket expenses they had(ie: copies, postage, certified documents, travel expenses, etc.), plus their hourly rate for the work they've done. pr

Papa - I think that's part of your problem. I can't draw worth a damn but I try, even if it only amounts to what most would consider scribbling. ;-) pr

Ya know sometimes free help, like the DAV, can be worth just what you paid for it. I would keep the law firm, unless you are prepared to pay out of pocket, now, for what they've done so far. I'd request the law firm copy you w/everything they do/did. I had a lawyer for one of my claims, at the CAVC, and I timely received a copy of all letters/events/stays, etc.. They should be sending you timely copies, along w/billable hrs spent, at least monthly. If they aren't doing that it "may" be cause for their removal and "perhaps" release you of any liability for their previous work. It's your choice. jmo pr

Interested - okay, thanks! Sorry you feel I was "baiting." Maybe I'm not understanding what posters mean by baiting. Thank you for your final sentence, as that explains what I needed to know and was asking originally. As for the "I feel" that was just me pointing out it was "my" opinion and nothing else. The answer to my original question was answered in your final sentence. Couldn't you have answered that way in the first place and saved all these other posts, in between. Thank you, again!! pr

Thanks, Berta! No, I haven't been able to talk to anyone. I've emailed them a few times and never received a response, either. I'm going to try to meet w/my Service center Mgr and get it resolved, before writing the Secretary and asking for assistance. Perhaps, as you suggest, I'll write the NVLSP first. Meantime it's on active appeal. As always, thanks, again! pr

John - I'm completely knowledgable on the history of this subject, and this is not even about my claim but is more about how the VA handles these claims. I only used my figures because I am familiar w/those numbers. A BVA /lawyer/judge made a favorable decision on one, that I found, but the numbers came up 60% either way it was figured. My feeling about this is that the VA is using tactics much like when they deny, quoting 38 CFR 4.16(a) but don't quote 4.16(b). They just keep pointing to the CRT, even tho it "appears" completely wrong(my interpretation), thus avoiding the real issue. The problem is I can't find a VA insider to explain how they decide these claims. While it is true I would receive about $6k, in retro + the monthly increase, I'm more concerned w/other vets who may be being wrongly denied. If you'd PM me I'll respond "politely," as usual. ;-) Hey, maybe I am being to sensitive? I haven't figured out how to start a PM, here, but do know how to respond. I've even tried but failed a couple of times. Thanks!!! pr

jecsb4 - sorry I missed your post earlier but I've been busy being scolded by a moderator (my opinion). If you feel you have good evidence and a valid claim you should always file a NOD. Don't do not do something just because appeals are running 2-3 yrs. I recently received $10k on an appeal from 10 yrs ago, that I'd all but given up on and almost forgotten about. If you were hospitalized for something service connected that is a claim in itself but you need to notify the VA of the hospitalization. jmo pr

Basser - I'm really disappointed in you making that "baiting tactic" comment. I was merely looking for an "inside" view, of how the VA uses the CRT, in these cases. In my case, it's already working it's way thru the appeals process and I'm prepared to go all the way to the court. I was merely questioning whether I was missing something and was the one in error. I hope you at least allow "interested" to respond before using your veto powers. I personally don't see anything wrong w/this discussion. No one is flaming or being disrespectful, in any way and other new members may gain some insight from it. jmo pr PS - I've emailed and phoned the NVLSP numerous times looking for an answer but to no avail, as they only respond if you are purchasing something or are named Berta. LOL Just kidding Berta!!