free_spirit_etc

Helping Vets, or doing something else you might enjoy doing, might be something you want to work toward. As for now, I would encourage you to take your time and let everything settle in. I know it is tough - but hang in there if you can - and give yourself some time to make sure you are making the right decision for you and your family. I remembered when I was newly widowed - a good piece of advice I read was to try to make any major life-changing decisions that you do not have to make for at least one year. That helps keep people from making decisions that they later regret they have made. By all means, think about it, gather information, etc. - but your best decision at the moment might be to delay making any irrevocable decisions regarding stopping working until you know for certain that the decision is right (or until it becomes the only decision you can make).

http://www.va.gov/ve....4582.txt<br /> "38 C.F.R. § 3.310 (2008). Secondary service connection is also permitted based on aggravation. Compensation is payable for the degree of aggravation of a non-service- connected disability caused by a service- connected disability." As to whether you can claim it - or if it worth the trouble would probably depend on if it is a one time occurrence, or if you continue to fall, or continue to have neck and back symptoms from your fall last week. It would probably be to your benefit if your doctor notes in your medical records that you are experiencing pain from the fall (i.e. more pain than you had before the fall). And if the pain continues, or worsens - if she continues to connect it back to the fall. The VA wouldn't so much grant secondary connection for pain - but if the falls actually aggravate the neck and back condition (and make them worse) - there would be a possibility of getting a secondary connection.

If you don't have any offsets from SSI or Workman's Comp, they usually pay fairly quickly. If there are offsets it takes awhile for them to calculate them. Congrats!

Since you are talking about submitting new and material evidence, I am assuming that you are reopening a previously denied claim. It was my understanding that the VA wouldn't even reopen a claim until new and material evidence was submitted - and that they wouldn't schedule a C&P exam until they reopened a claim. Of course, I may be wrong...

I am so sorry you are going through this. I don't remember how many times I had to send in my husband's death certificate. I also had to repeatedly send in Appointment of Representative forms to Social Security in my son's case. I don't know if government agencies take forms submitted for a family member to represent a claimant seriously, for some reason. Though they say you can be represented by anyone, they seem to be particularly stubborn about family members representing claimants at times. You might want to try sending the form in and then sending an IRIS telling them you sent the form again - and re-iterate that you have sent the form already several times - and another IRIS inquiring as to whether they received it. Stay calm and cool when you communicate with them in writing. It is not the time to vent. Keep it factual and direct. Or you could send a copy of the form to your Congressperson and indicate that you have sent it to the VA several times and they continue to deny receiving it, and ask that they send it and assure the VA has a copy on file. I am surprised that they would be notifying you that they are dropping the appeal by phone, instead of letter - especially one week after the C&P exams. When did they say you have to have new and material evidence submitted by? I apologize for being unfamiliar with your husband's claim. I am somewhat new again on this forum.

I don't think you can know what they are working on when they send the "we are working on your claim" letters. But I don't think sending them a letter telling them what to work on first would be beneficial. They will most likely work on whatever they work on without regard to your preferences. I really wish they would be more specific with those letters, even the ones that state your claim has been sent to the BVA. Even on those, they don't designate which part of the claim has been sent.

Also - get everything date stamped. Or send it by certified mail.

It is odd that they don't get into how the pain affects you until later in the claim. Younger folks have a hard time at first because the first stages they just go by how well your case fits the classic grids and classic disability boxes. Disabilities caused by a combination of issues don't fit well in those boxes. And the lower level workers are not trained to "think outside the box." Luckily, when you get to the appeals level the ALJ has different tools to use. They aren't restricted to POMS. They are guided by the law - and can, and actually must, consider pain and other issues. The frustrating thing is that it take so long to get there. It is perfectly alright to "go on and on" (though you haven't actually done so...) It is frustrating as heck to deal with the system - Sometimes you just want to bite someone.

There is an interesting BVA case of 38 C.F.R. § 3.156 © HERE http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files2/1119704.txt They went back to 1975 for hearing loss.

Oh. I am sorry I misunderstood. I realize that pain is not a diagnoses; it is a symptom. But diagnoses don't generally make you disabled. Symptoms, and how they affect you, do. Your diagnoses are certainly helpful though - because they can help support your own reports of your disabling condition(s). I am sorry you got turned down. It is aggravating for sure - again, especially since they did not provide you with an exam. Appeal! Appeal! Appeal! And keep moving forward!

http://www.ssa.gov/OP_Home/cfr20/404/404-1529.htm § 404.1529. How we evaluate symptoms, including pain. (3) Consideration of other evidence Factors relevant to your symptoms, such as pain, which we will consider include: (iv) The type, dosage, effectiveness, and side effects of any medication you take or have taken to alleviate your pain or other symptoms;

I am puzzled as to why you would not state that you cannot work because of neck and back pain (as well as your other conditions...) Your neck and back pain seem to be very relevant to the claim. It would seem that you would want to state that they are part of what prevents you from working. Actually Social Security is not required to give you an exam. They only have to order an exam if there is not enough information from your records for them to determine whether or not you are disabled. http://www.ssa.gov/OP_Home/cfr20/404/404-1517.htm Odd, I know. Because they can determine that the record doesn't support the finding of disability and then get out of ordering an exam. They will probably order one when you appeal though.

I think you are overlooking the part where he reported that when the judge asked if there were any jobs available he could do with his current age, education, experience, and disability - the VE said YES - and rattled off a few jobs. It was only when the judge added additional functional limitations that the VE said No. Personally, I think that is what hurt the claim. Once again, VE testimony can be challenged. The best place to do that might have been during the hearing though. If the lawyer let the VE statement stand unchallenged during the hearing - it might be harder to win an appeal on the issue. But harder doesn't mean impossible. However, the Appeals Council does not retry the claim. The basis for an AC review are:http://www.ssa.gov/O...03/I-3-1-3.html There appears to be an abuse of discretion by the ALJ; There is an error of law; The action, findings or conclusions of the ALJ are not supported by substantial evidence; New and material evidence, which relates to the period on or before the date of the ALJ's decision, is submitted and the ALJ's action, findings or conclusion is contrary to the weight of the evidence currently of record; or There is a broad policy or procedural issue that may affect the general public interest.

You would want to check with the terms of your insurance with the Department of Labor to be sure. Many insurances require you to sign up for Medicare to continue to get coverage from them. Even Tri-Care requires beneficiaries who are eligible for Medicare to sign up for Medicare to continue receiving Tri-Care benefits.

It looks like your problem is right there. "He then asked if there were any jobs I could do with the same criteria as above. VE said Yes" The VE basically said that there were jobs available that you COULD do with your current level of disability. VE testimony CAN be challenged (as they pretty much just wing it and make stuff up on the fly). I am not sure if your attorney is familiar with David Traver - who sponsors SSA Connect ssaconnect.com - but he has a wealth of information available on challenging VE testimony. He even wrote a book on the issue. http://www.jamespublishing.com/books/ssr.htm I think your attorney might also want to challenge the ALJ's "fact-finding." The ALJ is supposed to base his decisions on the facts presented IN the record. He is NOT supposed to do "independent research" on facebook. http://socsecnews.blogspot.com/2012/05/aljs-forbidden-to-search-online-for.html

You should definitely plan to have your mother testify. Your attorney might decide at the hearing that her testimony isn't needed - but it would be better to have her there and not need her than need her there and not have her. The question is not so much whether you can work eight hours a day five days a week without interruptions, but whether you are capable of working a job that can support you - or as a younger individual, be trained for such a job. I apologize, but I am not familiar with your disabilities and so I don't know how they affect you. I would take the fact that your attorney asked for a on-the-record decision as a good sign. That shows that he thinks there is enough information already in the record to award you benefits without a hearing. And as a general rule, attorneys don't like to waste their time on cases they do not think will eventually get approved. If you know the name of your judge, you can look up their stats here http://www.disabilityjudges.com/ Good Luck!

Okay. Now I am confused, as usual, about dealing with the VA. I had misplaced the letter when I was writing my appeal. (I know - bad move - but it got buried during finals week at school). So I went with the BVA appeal - as I had already filed my NOD on the matter. Now, I looked over the letter again - to make sure I got it right before I mailed my appeal - and the letter tells me that if I disagree with the decision I need to file a NOD within one year. The letter does not include a Statement of Case. But it does state "We made a decision on your Notice of Disagreement received on July 16, 2009 about one or more of your earlier decisions." I am not sure why they made a decision on my NOD, but did not enclose a Statement of Case - but instructed me to file another NOD if I didn't agree. I already filed a BVA appeal on the DIC and Accured Benefits claim on Sept. 8, 2010. So that should be protected (somewhat). But now that this letter paid me $300 burial - but states it represents the total grant of benefits sought (and they bolded the word "total") - Do I start over with a NOD? (as they instructed me to....) I thought if they made a decision on an NOD they were supposed to issue a Statement of Case. It gets confusing when they split up your claim into many different decisions, address them one at a time, but indicate the decision covers all your claims.

I agree.... even if it helps just one Vet.

I am not sure. You can find contact information for him by searching by his name. It is DENNIS B. BARSON . He doesn't seem to be actively soliciting vets to write opinions for. I would be pretty hesitant. But that is me. If you are interested in trying to obtain an IMO from him, I would check him out pretty thoroughly before proceeding.

http://www.vba.va.go...ials/Burial.pdf How Much Does VA Pay? Service-Related Death. VA will pay up to $2,000 toward burial expenses for deaths on or after September 11, 2001. VA will pay up to $1,500 for deaths prior to September 10, 2001. If the Veteran is buried in a VA national cemetery, some or all of the cost of transporting the deceased may be reimbursed. Non-service-Related Death. For deaths on or after October 1, 2011, VA will pay up to $700 toward burial and funeral expenses (if hospitalized by VA at time of death), or $300 toward burial and funeral expenses (if not hospitalized by VA at time of death), and a $700.00 plot-interment allowance (if not buried in a national cemetery). For deaths on or after December 1, 2001, but before October 1, 2011, VA will pay up to $300 toward burial and funeral expenses and a $300 plot-interment allowance. The plotinterment allowance is $150 for deaths prior to December 1, 2001. If the death happened while the Veteran was in a VA hospital or under VA contracted nursing home care, some or all of the costs for transporting the Veteran’s remains may be reimbursed. An annual increase in burial and plot allowances, for deaths occurring after October 1, 2011, begins in fiscal year 2013 based on the Consumer Price Index for the preceding 12-month period. http://www.cem.va.go...ne/eligible.asp g. Spouses and Dependents (1) The spouse or surviving spouse of an eligible Veteran is eligible for interment in a national cemetery even if that Veteran is not buried or memorialized in a national cemetery. In addition, the spouse or surviving spouse of a member of the Armed Forces of the United States whose remains are unavailable for burial is also eligible for burial. (2) The surviving spouse of an eligible Veteran who had a subsequent remarriage to a non-Veteran and whose death occurred on or after January 1, 2000, is eligible for burial in a national cemetery, based on his or her marriage to the eligible Veteran. (3) The minor children of an eligible Veteran. For purpose of burial in a national cemetery, a minor child is a child who is unmarried and: (a) Who is under 21 years of age; or, (b) Who is under 23 years of age and pursuing a full-time course of instruction at an approved educational institution. (4) The unmarried adult child of an eligible Veteran. For purpose of burial in a national cemetery, an unmarried adult child is: Of any age but became permanently physically or mentally disabled and incapable of self-support before reaching 21 years of age, or before reaching 23 years of age if pursuing a full-time course of instruction at an approved educational institution. Proper supporting documentation must be provided.

Thanks Berta! Thanks Wings! Berta, I had not thought of appealing the death benefit before. I had assumed that once SC could be established, I could file for the additional burial expenses. But I thought the suggestion to appeal it was good (since I had to appeal anyway). I would rather appeal unnecessarily, than not appeal and find out I should have - especially as I have not kept up with current changes Wings! Hello! Good to see you Berta is correct. The boiler plate language is suggested in the Veteran Benefits Manual. It is pretty much supposed to somewhat protect you and keep open the possibility of bringing up issues that you may not have discovered until after the 60 days had passed.

Congrats!!!

Thanks PR and Carlie!!! And thanks for pointing out that I need to preserve my right to get the service-related burial benefit (in another thread). That thought had slipped right past me.

It sounds like you won't need an attorney then - if it is just about the quarters and you have them now. I am glad your attorney friend told you how to handle it. You raise a very good point about making sure you keep insured status. My husband almost missed getting his because he went to school when he retired from the Air Force - and then he worked as a graduate assistant (which does not pay into SSA), and then he was a part time instructor at a couple colleges (which don't pay into Social Security). So he almost ran out of time. But it is something many people don't think about. And unfortunately, sometimes a person quits working because they can't work - but by the time SSA agrees they can't work - they have lost insured status. 5 years off pretty well does you in. Good point about continuing to pay in - even if you just have to claim some odd jobs. I think SSA grants you a couple years to pay in a minimum amount even if you didn't earn that much. I know it is rough if you have little, or no income - but can be very important to preserve entitlement to benefits.