Philip Rogers

To answer you question: PTSD 100%, Diabetes 20%, Tinnitis 10%, Hypertensive Vascular disease 10%, Sciatic nerve paralysis (Right leg) 10%, Sciatic nerve paralysis (Left leg) 10%, bilateral factor 1.9. Thank you, again! pr

John - I believe the issue has already been decided by the court and I believe it was in that recent case that changed/clarified the TDIU/Total issue. pr

Thanks, Interested, I appreciate your efforts!! Yes, I am quite familiar w/4.25(b) and I agree this has nothing to do with the benefit of the doubt issue. I also feel that you've sort of avoided answering the question, but then, that's just me. Are you familiar w/how the VA adjudicates the SMC "s" award when the claimant is 100%+20%+10%+10%+10%+10% and, if so, how would they do it?? Once again I thank you for your time, as I'm sure you have better things to do, other than dealing w/my stupid questions. pr

Everytime I attend a VA medical appointment they ask for my cell phone number. I just tell them I don't have one. I figure someday they will try and track us, w/the phone's GPS. It was probably a valid survey. For yrs they've been sending me surveys, by mail, that I never return. You'd think they'd get the hint and give up but they don't. I have better things to do w/my remaining time, here, on earth. jmo pr

Good on you!!! Sorry you have to have someone receive your money and dole it out to you but it's better than not getting it. You can always try and change it, later. pr

marine26 - welcome and I'm sorry the Army was full when you enlisted but the Marines is a good "2nd" choice. ;-) Just a little inter-service humor! Thank you for your service! Please don't have any regrets, just accept that you did the best you could with the knowledge and experience you had at that time. If you can do that your life will get and be much easier!!! jmo pr

Always nice to here a claimant get what they deserve and paid for!!! Congrats!!! pr

Asthma is compensable, however service connecting yours may be difficult, with so many yrs passing. You'll probably need a really strong IMO. Good luck! jmo pr

Glad you're getting the hearing aids (HA's). VA will do that for "all vets" needing them. As for increasing your percentage due to hearing loss, don't count on it. You need to be practically completely deaf for the VA to pay compensation, for it. I love my HA's! I'm 10% for tinnitis and have no SC award for hearing loss, as it was denied (not severe enough). I got mine just over a year ago and I love them a n d the VA didn't think they'd help me. I first noticed a difference on my car radio. I heard a high pitched scratchy sound. Turned out to be the drummer, hitting the symbols, which I hadn't heard in can't remember when. Enjoy them, especially with the TV bluetooth capability!! jmo pr

doogie - please be sure the "caps lock" on your keyboard is turned off when you post. It's a matter of internet etiquette. People may feel you are yelling at them. jmo pr

With a GAF of 45 I'd say between 50% - 100%. Looking at VA's history I'm thinking 50%, maybe 70%. However recently I've seen more higher ratings than usual. Just wait and see. jmo pr

carlie - yes, there is, I'm giving him the benefit of doubt on the reasons and bases statement. As such, if the VA failed to give the reasons and bases, it's a bad decision and a CUE. I believe not listing the evidence used "may" be a CUE, also, and if not CUE the claim may remain open, based on the faulty decision. In fact, they may have made the decision w/o his SMR's even being there and just approved the ankle based on MEB award. We really need to see what kind of notice he received. jmo pr

Yup!!! pr

Sure you can . . . in fact you can whip me, s p a n k me, oh never mind, I'm getting off track. ;-) . . . No, it just seemed out of place. Okay, thanks! pr

I agree w/carlie here except on the VSO. I don't recommend using one. I feel it is more probable you've misplaced part the award/letter but giving you the benefit of doubt, I recommend you setup an appointment, to view your c-file in person, as soon as possible. That would probably be quicker than waiting on your FOIA response. jmo pr

Yes, it'll list each condition, the number they coded it under and whether it's service connected(SC) or NSC. It also contains a lot of other info I can't think of at present. As for reopening, you don't want to reopen as they assign a new claim date. You'll want to CUE it and claim that the decision wasn't proper and therefore the claim remains open, also. jmo pr

carlie - is that directed at me? Or am I all of a sudden being paranoid?? ;-) Thanks, pr

Okay, thanks John, sorry "I" misinterpreted your comment! I don't feel it's up to Congress. They were specific and the VA even spells it out correctly in M21, it's just that the VA's application is wrong. As I stated, I was just trying to see if an insider would spell it out, for me. Thanks again!! I do think that WACvet75 had it correct. Guess I'll have to pursue it further, once I settle in, here in NC, and get my RO's changed, altho I'm not sure I want to change RO's. White River Jct, VT, is used to me and I think if I could talk w/the service center manager, I could at least get part of "my" claim resolved. I know the VA will fight it due to the fact that it'll cost them a lot of money, to correct all those denials, much like the recent IHD/Nehmer claims. pr

J - thank you for your post, however I'm not understanging why you jumped in. My question was aimed specifically to "Interested" because I feel that the way he/she answers questions here, that he/she may be a VA insider and therefore have some inside knowledge as to how the VA handles these claims. While he/she didn't clarify that aspect of the question asked, "I feel" he/she sorta danced around the CRT portion, with regard to the VA's handling of the "s" award. That portion of 38 USC 1114 is shown as follows: "(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and, (1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or (2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime." Please note Congress used independently ratable at 60 percent not combined ratable at 60 percent. Congress was specific, it's just that the VA is misinterpreting Congress' intent. If you are asking me to drop the topic, because you feel it's been beaten to death, just ask. I was merely asking for a clarification from someone "I believed" to be a VA insider, hoping to gain some insight as to the VA's way of thinking. Thanks and if I'm wrong you're welcome to slap me around a little, but just a little. jmo pr

I see a few possible potential errors. You need to view your c-file and get a complete copy of this correspondence. The decision generally includes additional correspondence. This is just the letter explaining the decision. The decision doesn't seem to be included. The decision should include a list of evidence & the reasons and bases, just to name a couple. I believe a failure to list the reasons and bases is a CUE and makes the decision invalid. Additionally you should get a copy of what's called the "blue sheet," which has the diagnostic codes and percentages awarded, including NSC conditions. jmo Generally, the VA notifies the claimant, via the VCAA, of what is needed and to submit any additional evidence within the next 30 days and if nothing is received within 30 days they will make a decision, based on the evidence of record. They should make a subsequent decision when additional evidence is received, after the original decision, but rarely, if ever, do. pr Airborne, all the way!

Okay, I understand how and why the CRT is the way it is. But once a claimant is rated 100% they are effectively worth zero, nothing, nada, meaning they have no value compared to a normal person. Additional disabilities should not use the CRT because the person is "0%" and has zero percent residuals left. That being said, do they continue to use the CRT or do they just add the additional disabilities together, using normal addition to come up with a total??? Once a claimant is zero they cannot become a negative. I hope I'm explaining this properly and that you understand what I'm saying. For example, a claimant rated 100+20+10+10+10+10 should be rated 100%+60%, however if they use the CRT it would combine to be 100%+50%, which violates the SMC "s" award criteria. I, personally, believe the VA continues to use the CRT when figuring SMC awards. Thank you for your time! pr

That 21 days thing is just something that sticks in my mind - I do know it's a very brief time period, as far as deadlines go, for the VA. It probably is 30 days, in which case you're safe but do it anyway. Better safe than sorry! jmo pr

They did send you something. They sent you a "proposal to reduce notice," which is all that's required. I swear you have only about 21 days to request a hearing which delays the reduction, temporarily. I can't remember exactly but this was discussed here, or at the NVLSP site, recently (within the past 6 months) and the NVSLP was quoted as to the recommended steps to delay the proposed reduction. Perhaps someone here will recall the discussion and can link it here. Failure to request the hearing in time loses that right. Personally, I would request it just to protect myself. It's your decision. jmo pr

I would get an atty, specializing in military law and I wouldn't use any atty working for the military, as it could cost you thousands & thousands, of dollars, down the road. They usually low-ball active duty personnel. Many times they offer a buy out that will eventually be recovered by VA before you ever get any money from the VA. Even if an atty costs you "up front" it is important to have someone looking out for you. How do you know they are lying: Their lips are moving!!! jmo pr

ferris - you can do anything you want, it's just a matter of whether the VA will accept it. I'd file everything, just to make sure. I see the date you received the notice was almost 30 days ago. Be sure to get that request for a hearing in today. Hand deliver if necessary!!! Don't let them tell you it's too late, either. You need to have everything written. A general rule is "if it can't be read - it wasn't said!" pr