free_spirit_etc

That is interesting Berta, and good information! I cited a different Bowers case though -- where the veteran submitted treatise evidence about the growth rate of gall stones: http://search.uscourts.cavc.gov/isysquery/648de5cc-e576-4eba-a649-b480d3970037/1/doc/

Good luck John999!

I am counting on my IMOs for my claim. But the IMOs were not in the record as of the day of my husband's death for the accrued benefits claim. So I was seeing what I could cite to help the BVA put some weight on the treatise evidence. I understand non-precedential decisions carry no "weight" but I figured citing this was better than not citing this in this case. Dang it! It looks like spell check changed my spelling from non-precedential to non-presidential. Now I am going to look retarded...

Thanks Berta. I wondered where they came up with those magic numbers. I just used the claims number and sent a copy of the decision. 1. See Bowers vs. Shinseki, Veterans Claims No. 11-3022 (2012) which discusses the distinction between a layperson repeating data reported in professional medical treatises, as opposed to offering his own subjective opinion, stating “a layperson is competent to report information provided by a medical professional. Cf. Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007) (holding that a veteran is competent to repeat a medical diagnosis and report observable symptoms)”. A non-presidential decision may be cited "for any persuasiveness or reasoning it contains." See Bethea v. Derwinski, 252, 254 (1992). 1. See Bowers vs. Shinseki, Veterans Claims No. 11-3022 (2012) which discusses the Board’s failure to consider treatise evidence on the growth rate of gallstones that “if accepted, would seem to require little more than the application of arithmetic principles to establish service connection for the residuals.” A non-presidential decision may be cited "for any persuasiveness or reasoning it contains." See Bethea v. Derwinski, 252, 254 (1992).

LOL I should just say - he screwed up my hearing, he was rude to me, he refuses to discuss my case or send me a copy of what he submits.

Oh my gosh Marty L!! I am SO happy for you!!! I feel bad I dropped the ball on helping you on your claim - but I have been so busy with my own and school. So I was so excited to see that you got an award and will get some $$$ to at least give you a little breathing room. As for me... I figure if I win DIC and get retro back to 2007, I should make, compared to the hours I put in, minimum wage?? (for waitresses....)

I got most of the evidence submitted mailed overnight today. Had to argue with the mail lady who didn't want to postmark it. Yeah.. I know... Express mail shows it is in the system. But dang it - if the law says postmark, I want a postmark. It seems like it would be easier to just pick up the little rubber stamp and postmark the dang thing that to keep trying to explain to me that it didn't need to be postmarked. She apparently is not a veteran who has ever had a claim with the VA. I sent a copy of my request to revoke POA -- but I still didn't draft an actual motion. In one place it says a claimant can revoke POA at any time - and in another place it says you have to show good cause. I just have struggle with deciding whether I should just generally say "We didn't get along..." or go into specifics. I would think the fact that I had to request the VA to send me copies of the documents the VSO said he submitted (because the VSO said he is not required to do so) should show enough "good cause."

I am trying to figure out how to find the Vet App numbers to cite a case. I know if the case has been cited I can find it through a search. But how do you figure out the Vet App number otherwise. It doesn't seem to have anything to do with the number printed on the case.

Thanks! I am working on tying everything up right now!( Been busy as heck!)

USAA here! USAA adds lots of discounts. I have homeowners, auto, a bank account, and credit cards with them. I was also VERY impressed with their survivor team. After my husband died, getting things transferred, and dealing with a lot of different companies was a nightmare. But not with USAA. They have a special team assigned to work with survivors, who guide you through the process of getting everything transferred over - and who understand that there is a transition period between all the his name, her name, their name stuff. They even set me up with a phone appointment with their finance team. I fully expected they were going to try to sell me lots of products, or try to pressure me into investing with them. But they did not do that at all. They told me they didn't recommend I invest in anything until after a year, when things settled down - and they recommended I keep most of my finances liquid for the first year after his death. They mostly talked to me to make sure I was okay finance-wise, and had enough money to meet my immediate needs. They make referrals to Social Security and veteran's organizations. So their first priority after a death is making sure the survivor has what they need to take care of themselves. I was impressed.

There is an SSA Brochure about children's benefits (including Disabled Adult Children) here: http://www.ssa.gov/pubs/EN-05-10026.pdf

I want to clarify -- by based on your earnings, I mean based on your earning record. Your monthly income would not affect what she gets. Her benefits would be based on your earnings record -- and based on the amount of benefits you get.

Great point. I am thinking though, as both the twins with and without PTSD were both Vietnam Veterans (and exposed to AO) that the increase in heart disease in the PTSD vets might lead to research / decisions, connecting heart disease to PTSD in other veterans - those PTSD vets not covered under AO presumptions.

http://www.ssa.gov/dibplan/dqualify10.htm " Adults Disabled Before Age 22 An adult disabled before age 22 may be eligible for child's benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a "child's" benefit because it is paid on a parent's Social Security earnings record. The "adult child"—including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild—must be unmarried, age 18 or older, and have a disability that started before age 22."

"My understanding is that she will be eligible for SSI and not SSDI since she was never, ever employed. Is this correct? Also, the Soc Security website says I must schedule her an appointment and come in to complete an application for SSI as they don't take them online." Your step-daughter should be eligible for DAC (Disabled Adult Child) benefits, which are based on your earnings, as she was never able to work. If the disabled adult child's parent is not retired, disabled, or deceased -- then they get SSI. If the parent is retired, disabled, or deceased - the actually draw on the parent's earning record. As your child is your step-daughter, I think you will have to have provided over 1/2 of her support for a certain amount of time prior to her applying. It used to be the step-child had to be living with, OR receiving one-half their support from the step-parent. But that was changed. Again, I am no longer certain of all the details - but I can check them out later if it would help. Generally, if family funds are pooled, they take the household expenses and divide them by the number of people in the household to determine support. If funds are not pooled, they determine who paid for what. There is no 6 month waiting period for DAC benefits, as the child has already been disabled. Your step-daughter should qualify for medicaid immediately, if you can show she is disabled. She would qualify for medicare after she has been receiving DAC benefits for 2 years. Depending on the circumstances, she may be considered dual eligible - eligible for both Medicare and Medicaid - at that time. In that event Medicaid would pay for her Medicare premiums, and certain co-pays. Medicare would be her primary insurance, and Medicaid would be supplemental. Of course, with health care laws changing that might also change.

Ah.. I see in another thread that you did get SSDI. (Congrats by the way on both claims!). So your daughter should be eligible for "auxiliary benefits" on your record. I am thinking that they can go back a year from the time you file the claim to add her. (Just thinking, but not absolutely sure, so check it out...) Also -- some info here: http://www.child-autism-parent-cafe.com/social-security.html

http://www.natureworldnews.com/articles/2680/20130627/vietnam-war-veterans-ptsd-high-risk-oheart-disease.htm "Vietnam War veterans with PTSD are twice more likely to suffer from heart disease than veterans with no history of PTSD, according to a new study. Data for the study came from 562 middle-aged twins (340 identical and 222 fraternal) enrolled in the Vietnam Era Twin Registry. This is the first time that scientists have been able to establish PTSD to be associated with heart disease in Vietnam War veterans using cardiac imaging techniques. The study was conducted by researchers from Emory University Rollins School of Public Health in Atlanta and their colleagues and was supported by the National Institutes of Health..." "...The study was conducted on identical and fraternal twins, which helped researchers control the environment of the study Experts found that the incidence of heart disease among veterans with PTSD was about 22.6 percent (177 individuals) while it was 8.9 percent in war veterans without PTSD (425 individuals). In a group of 234 brothers where one brother had PTSD, researchers found that the risk of heart disease was double for the one with PTSD than the other (22.2 percent vs. 12.8 percent). "This study suggests a link between PTSD and cardiovascular health. For example, repeated emotional triggers during everyday life in persons with PTSD could affect the heart by causing frequent increases in blood pressure, heart rate, and heartbeat rhythm abnormalities that in susceptible individuals could lead to a heart attack," Viola Vaccarino, M.D., from Rollins School of Public Health and lead author of the study, according to a press release. The link between PTSD and heart disease existed even after accounting for other lifestyle factors such as smoking, drinking and poor physical activity levels. The study is published in the Journal of the American College of Cardiology"

Wow!

They will probably schedule an exam for your daughter. My son was approved within a couple of months. He has been re-evaluated twice since then. They usually re-evaluate at age 18, and I think 22. Both times, the doctor recommended he stay on SSI (at that time). After one exam my son came out and said they had him do puzzles. I asked how he did and he said he thought he did pretty good. But the doctor followed him out of the room and said he was recommending that my son stay on disability. So I guess he didn't do as well as he thought. My son wasn't in any "treatment" per se, though he does take medication prescribed by his general practitioner.

My son was on SSI from the age of 14. After my husband's death, he started drawing SSDI on my husband's record.

Loose Cannon, I didn't notice, are you on SSDI? If so, your step-daughter would be a dependent on your case. If you aren't drawing SSDI, then your daughter would be on SSI, which is a needs based program. The rules are very different. The level of disability are the same, but the rules are different. A disabled child goes on SSI, unless their parent is retired, deceased, or disabled. Up until the age of 18, a portion of the parent's income is "deemed" to the child. So the child might get their check reduced, based on the income of the parents. After the age of 18, the child is no longer considered based on their parent's income. What you need to watch out for there is that SSI counts in-kind support as income to the child. So if you provide them with food and lodging at no charge, their check is reduced by 1/3. If they pay "rent" or a "fair share" they will draw their full check. There are many other rules.. which I can go into if you have any questions. Your daughter should be eligible for Medicaid if she is on SSI. If you are on SSDI, then your daughter would be a dependent on your record. She would draw approximately 1/2 of the amount you draw (unless you have other dependents -- then it would be divided). She would also be eligible for medicare after 2 years. It can be advantageous for a child to be on SSI first because some benefits that are based on income will still be available to the child if the only reason they are no longer on SSI is because of receiving SSDI as a dependent. A child who was on SSI first will have more things available than a child that goes directly on SSDI.

"I guess this is why we MUST be proactive at every single point of the claims process and make sure VA knows if our employment situation and/or receipt of SSDI has occurred since filing the claim." I agree with this. I think making sure there is at least some evidence in the file showing the possibility of not being able to work is what helps people succeed if they have to fight for an earlier effective date. Some of the CAVAC cases I read even considered a letter where a person mentioned they were having trouble working to be evidence enough.

I think Sierra has an excellent premise for a CUE claim. They gave him 30% for the removal of his kidney due to cancer they SCed, but they didn't rate him for the cancer. Cancer is supposed to be rated at 100% for at least 6 months after treatment has ceased. Then they are supposed to re-examine him and rate on residuals. It looks like they rated him 30% on residuals - but did not give him the 6 months (or more) at 100% for the cancer. And Sierra said they also removed an adrenal gland, which may be a separate rating.

And again, I would not even mention to them they might have screwed up until you are sure you have copies of all relevant records. Or some of those could disappear...

I thought they granted the kidney claim based on a secondary connection to hepatitis C. So I was puzzled by the notation on your attachment "kidney condition/kidney removal, due to cancer from syreen gas used in IRAQ"