free_spirit_etc

Berta, My burial claim was for the $300 funeral and $300 internment expenses. My husband was eligible as he was in receipt of disability pay. They paid $300 funeral but no burial. They said there was no evidence I incurred any internment expenses. Of course, if my husband’s death would be granted SC, then the funeral burial amount would be larger. But that is a tad bit down the road. I am assuming that my claim IS still open – as it is set for a DRO review. I have no idea why she kept telling me that my claim was closed. But she did tell me that I had to file an NOD for the claim. If it was still in the NOD period, it was not closed. I received the decision in November 2007. And in June 2008 she was telling me the claim was closed. The odd thing too is that this was a whole string on the same IRIS. I initially requested an extension of time to submit evidence in response to the VCAA notice, as I still had not been provided with a copy of my husband’s medical records to obtain an IMO. (Almost a year after requesting them). I then got a copy of the C-file – and responded that the discharge physical was still missing, and that I had only received a partial copy of the medical opinion that was used as evidence to deny my claim. I asked for: 1. A copy of the entire opinion. 2. Additional time to obtain an IMO in response to the VCAA Notice. – as I still hadn’t received all the medical records I needed from THEM, and as I only had a few weeks remaining in my one-year period. She responded that the thread had been forwarded to the raters who would determine if I could get an extension. As I did not hear back from them about my request for an extension – I went ahead and sent what I did have within the deadline. I sent an IRIS ON THE SAME THREAD that we had been talking about the issue. And said - As I have not heard whether my extension is granted – I am submitting the following evidence within one year of receiving my VCAA notice. And I gave her the Certified Mail Receipt Number. Yet in the SAME THREAD – her response was just something along the lines that if I wanted to send evidence, I needed to inform them what claim I was sending it for, as my record showed the only open claim was the burial claim. She did inform me I needed to submit an NOD for the DIC claim. We had several communications back and forth – where I asked to have my claim re-adjudicated on the basis of the evidence I submitted in June (in response to the VCAA notice.) But she just kept telling me that the claim wasn’t open and that I would need to submit an NOD. She never ONCE told me that they didn’t receive the evidence that was the TOPIC of the discussion in the thread. Not until I asked POINT BLANK in October. THEN she said – No, we did not receive it. My questions about the OGC was more in reference to my Social Security claim. I have a claim with the OCG of SSA – but have not been able to figure out how the OCG office operates. And, yes, as you mentioned – they do not get involved in the actual decisions regarding benefits. But they can get involved in matters of how the claim was processed. I haven’t really considered the OGC for the VA. But I was looking for more info for how OGC offices handle complaints in general. I don’t think the DRO review is to determine if the NOD was timely. Though that may be part of the issue. But I think it is a DRO for the original NOD, since they are scheduling the reviews two years away, and I filed the NOD November 2008 – and it is scheduled for November 2010. I filed the NOD on the decision of whether my NOD was timely in October 2009. I requested that they CUE themselves on the timely decision first (February 2009) – and waited quite awhile to see if that acted on that before I filed it as an NOD. Asking that they CUE themselves was a disagreement with the decision. But I labeled it as a Request for Correction of Clear and Unmistakable Error. Since I did not hear back on that – I re-submitted the same info as a clearly labeled Notice Of Disagreement, so that they couldn’t say that I did not file an NOD on the matter. Thanks for all your help, Free

Lois, I am sorry I missed your post. The odd thing is that I saw Carlie's post that quoted your post, but then I looked at the thread and didn't find what you had posted in the first place. I wondered if you had deleted it. But it is there plain as day now. B) Thank you for responding. I am certainly not opposed to waiting until November for my DRO review. That will give me time to have my claim all in order and have an IMO submitted before the review. It might also be a good idea for me to drive to the RO before then and view my claim file and make sure everything is still there. Since my husband's discharge physical, my initial burial claim, and packet of evidence disappeared (and since I found medical records of other vets in my husband's C-file) I don't quite trust that even evidence that was acknowledged will stay in the file. My biggest question about the review is: (concerning the right to have the claim re-adjudicated based on the evidence I submitted in response to the VCAA Notice. VCAA Notice June 2007. Decision November 2007. Evidence sent June 2008). Should I just wait for the DRO review in November and skip requesting the re-adjudication again? Or should I request my claim be re-adjudicated - adding one more step to the process - and probably more time - especially as my claim would probably not be re-adjudicated as early as November 2010. There might be two year wait for that. And if it is not granted, that would make it another two year wait for the DRO review. And if I skip the re-adjudication, do I run the risk of the BVA remanding my case because my claim was not re-adjudicated upon receipt of the evidence submitted in response to the VA notice. Thanks, Free

Cruinthe, Can I ask, if you are getting housebound - have you applied for SSDI?

That makes sense - as you were not actually earning your income during unpaid leave. I would also encourage people who miss a lot of work or have to cut their hours way back at the very end of their working career to ask the period where their earnings are below substantial gainful to be considered. And this might be a situation that affects many vets. They keep working and trying to make it until they can't work any more. If their earnings are not substantial at the tail end of that job - because of their disability - they should ask that period of time to be considered -not just the last day they dragged their body into work. When my husband applied for SSA - the worker just put my husband's last day of work on the application (December 2006). We asked her to consider the period from the time he last earned substantial gainful (July 2006). They granted him disability back to July. (Of course July was considered the first month of his waiting period).

Now here is a thought - about the working thing - (not about the Poster with Housebound)- Keep in mind that some people with mental disabilities sometimes have trouble making decisions that are in their best interest. That is sometimes part of their disability. And some mental disabilities are more cyclical in nature. I know a woman who is bipolar. She goes through phases where she could work just as well as anyone. And she goes through phases where she is out of control and hospitalized. (She lost her last job when she stripped down naked at work and refused to put her clothes back on until the police got there.[she was the manager, by the way.] But she could go out tomorrow and act very professional and get hired somewhere.) I could very well see people with certain mental illnesses deciding to go back to work, even if it is not in their best interest. And / Or being able to work for awhile and not be able to sustain the employment. They are still disabled.

I responded to the Social Security part in another post. And I agree it would be fraud to work while drawing housebound benefits - and not report it to the VA. And I agree that the vet would (and should) lose the housebound benefits - and may lose part of the 100% rating, especially if rating was given, in part, due to the inability to work. However, still keep in mind the Vet was mostly expressing being so overwhelmed and frustrated in trying to make it on what he was getting. Though I agree with the fact that many vets can and do make it on their disability payments, this vet indicated he had trouble doing so. We don't really know why he is in debt. We don't really know what his expenses are. We don't really know what his financial skills are. But he apparently needs more resources (money, skills, something) than he currently has - or he would not be feeling so overwhelmed. Besides the advice to not try working without reporting it to the VA, and the advice that working at all might not be in his best interest - if he is still reading - I do think if he is open to other kinds of advice / assistance / resources, that may help him - we should be open to trying to help. Leave no one behind....

Most disability programs have programs where people on disability can try to return to work without being penalized. With Social Security – it is the Trial Work Period. With the VA it is the law that says they can not have their benefits terminated on the basis of them working unless they work at more than marginal employment for over 12 months. SSA’s trial work period is actually a nine month period – and the nine months do not have to be consecutive. Any nine months within a 60 (5 year) month period that the person makes over the TWP amount is counted as one month of their Trial Work Period. This amount is different than the Substantial Gainful Activity amount. For 2010 – the SGA amount is $1.000 and the TWP amount is $720. So any month the individual earned over $720 would be a TWP month, though they earned below SGA. To qualify for the TWP the individual must report their employment – and they must continue to have a disabling condition. During the TWP the individual continues to receive full benefits regardless of their earnings. After the individual has completed their TWP (9 months within a five year period) they have 36 months in which they can work and still received benefits for any month in which their earnings are below SGA. They receive no benefits for any month in which their benefits are above SGA (or in which they work 80 hours in their own business). After those 36 months, the individual no longer receives benefits, but they have a 5 year “Expedited reinstatement” period – in which they can have their benefits restarted immediately, without having to file a new application or wait for their benefits to start while their medical condition is being reviewed. So they have a safety net, of sorts, built in for those who want to try to work. And it seems like SSA’s program is a bit more involved than the VA’s. But both of the programs do have something in place for people who want to try to work. You raise a very valid point of the risks of trying to work. Because both sets of laws only concern the EARNINGS. They state you can’t lose your benefits in the prescribed periods on the basis of your earnings. They do not specifically state that the agency cannot review your condition to see if it is still disabling – and terminate your benefits on that basis. I imagine a lot of that would have to do with what type of disability you were granted benefits for and what type of work you do. If you were granted benefits for a back condition and you are able to find some type of sedentary work where the employer works with accommodating you – then you would be working though your disability had not improved. If you were granted disability because of a back condition – and you find heavy work as a laborer – then the agency could very well say that your condition is no longer disabling because you are capable of doing heavy work, regardless of what you earn. Based on my limited knowledge of the VA law – it looks like they just have the 12 month period – and not the extended one that SSA has. But I am not sure, as my knowledge is limited. And again, a person with a back disability that works as a roofer most likely could lose their benefits even without working the 12 months. Their benefits could be terminated on the basis that their condition improved. I am not sure how well the trial periods work out in real life. I haven’t investigated it that fully. I would suggest though, as the subject comes up repeatedly, it would be a benefit for the forum for some investigation to be done – and a better picture of exactly what the rules are, and how they play out be drawn to answer the question.

Jayg, That sounds horrid! My husband went to the emergency room three times in the last couple months he was alive. The first two times there was a long wait. The first time he was treated and released. The second time he was admitted for awhile. But both times we had to wait several hours. The third time was his last trip. We didn't have to wait at all. The minute we arrived there were several people working on him and trying to get him stabilized. And I saw the look of fear on their faces. That was how I knew he was in really bad shape - by seeing the panic on the faces of people that deal with trauma every day. They tried to tell me not to worry. But I saw the look on their faces. I thought later about all those people out in the waiting room who were waiting - Wishing we could be one of the people who were waiting, instead of one of the people the nurses were panicked about. My husband was admitted to ICU that day. He died two days later.

Pete, Anger is part of the grief. A very normal stage to go through, no matter what the circumstances of the death. But it is a not an easy one - because the anger doesn't fit well with everything else you feel at that time. I know you worked hard on his behalf - and wish he could have trusted that you would take care of what needed to be taken care of. I imagine there were other considerations. Perhaps he shared them. Perhaps he didn't. Most likely one was that of being a burden. That was one thing my husband dreaded - being a burden. Perhaps your brother dreaded that too. Free

I hope so.

Poolguy, This is actually talking about survivor's benefits: From: http://www.bankrate.com/brm/itax/tax_advis...tax_talk_a1.asp " Generally, if a parent dies before a child reaches age 18, the child can get a monthly benefit. The benefit is usually paid to the surviving parent of the child, but the income really belongs to the child. The Form 1099-SSA issued by Social Security will report the benefits in the child's name and Social Security number. The surviving parent would not include the child's benefit in his or her individual tax return. It is a parent's responsibility to make sure his or her minor children comply with the tax law and file any necessary tax returns and pay the tax thereon. Social Security benefits, whether survivors benefits or regular retirement income, are taxable only if they exceed a threshold when combined with other income of the individual. To find out whether any of the child's benefits may be taxable, compare the base amount for their filing status (single) with the total of: 1. One-half of their benefits. 2. Plus all their other income, including tax-exempt interest. The base amount for a single taxpayer is $25,000. If the child's only income is the Social Security survivors benefits, he or she would not owe any tax or be required to file a tax return." But this, from http://www.nosscr.org/tax.html says "Auxiliary [child or spouse] benefits. Benefits are included in the taxable income of the person who has the legal right to receive them. For example, a child’s benefits are added to the child’s other income (if any) to determine taxability, even though the benefits are paid on the parent’s earnings record. The child receives a separate SSA-1099. So it looks like it would be the same for a child receiving auxiliary benefits. I just wanted to make sure that they didn't include it as part of your income before I posted it for sure. Hope this helps! Free

Mooshi, When was your Hearing? Was it more than 4 months ago? My son had his ALJ Hearing on the 9th of January and received his decision on the 13th of February. But I think that is quite a bit quicker than most. Even after the Judge releases the decision, then it still goes to the Processing Center - so there still might be a couple months delay with it there. I'm sorry to hear you are having a rough time right now. Counting on Social Security to pull you out of it any time in the very near future might be a bit unrealistic. Even if the Judge grants your claim, it often takes awhile to get the money. So I hope your friend will continue helping out for awhile. You can also see if your lawyer might be able to speed any part of the process up. They can often call and at least check on the claim if it has taken longer than anticipated. So you might want to give them a call. At least you might be able to find out something, and not feel like you are just hanging in limbo. Good luck! Free

Cruinthe, I understand the frustration of trying to make it on less than what many other people seem to have. I do think you are on the right track getting your debt paid down though. Debt can be a heavy weight to carry when trying to live within a budget. Yet, I know it gets frustrating sometimes. I am concerned about your statement about going back to work and "if the VA finds out..." If you are drawing housebound benefits, then aren't you supposed to notify the VA if you got a job? Granted, you would most likely keep your SC rating, but I am not so sure about housebound benefits. But then again, working would most likely generate much more income for you than the housebound benefits do. That is an interesting case you posted. Two concerns I have with it are: 1. It says the veteran worked while applying for TDIU - yet quotes 38 USCS Section 1163, which addresses benefits being reduced. I think there is a difference in how the VA would handle someone who is working while applying for benefits (especially if they did not report it) or going back to work after the TDIU determination had already been made. 2. Though 38 USCS Section 1163 does serve a useful purpose in trying to assure that a person can sustain employment before reducing benefits, and provides a safety net for those who try to work who are still unable to work full time (more than "marginal") or who are unable to consistently stay employed at a substantially gainful level - I am not certain it bars the VA from reducing someone's benefits. It appears to merely bar them from reducing their benefits on the basis of substantial employment, unless they have maintained consistent employment for 12 months. They still might have a basis to reduce benefits on the basis that your condition had improved.

You should be able to make the 60 days. The important thing will be getting the appeal filed within 60 days. Generally the attorney can ask for more time to submit additional evidence / legal arguments (since the AC won't read it for awhile anyway). And I think when they are getting ready to review the case they will provide you with another opportunity to submit additional evidence / arguments. At least they did in my case. I got a letter informing me that if I had any additional evidence to submit, I needed to send it in 30 days. I replied with a letter reiterating my argument, and then they moved on it. Most likely your lawyer is spending his / her time, developing the legal arguments for the case. Again, the goal at this point won't be so much to convince the AC that you are disabled, but to convince them that the Judge made certain errors in deciding your case. As far as the evidence is concerned - whatever is of record - the lawyer can point out that the judge did not consider it (as you said the Judge noted in the decision that there were no medical records that stated that you could not work.) If there is any evidence missing from the record - your lawyer can submit it. Did you keep the same lawyer or get a different one? Free

I agree with Carlie! The VA's jurisdiction is the VA program's. They don't determine your "competency" for matters which do not concern the VA. Most generally your state laws determine who can and cannot own weapons. And being found "mentally defective" in a court does not just mean having a psych diagnosis - it means being found a danger to yourself or others, or incapable of managing your affairs or your person. I guess my question to the VA might be if they are going so far to say that your disability is such that you should be found legally incompetent - why is your rating only 70%? Free

Thanks both of you for your answers. I do realize that the Special Claims Handling for Missing Documents is old news. And I know even more now after reading the links. So thanks for sharing them. But I am not quite sure how that applies to my claim. I am not quite understanding if that was to answer my questions or just to give me information. I apologize, but I think I am missing something. I do realize the procedure won't speed up the processing of my claim. In fact, my concern was that it would slow it down. It is my understanding that if you submit evidence within one year of receiving the VCAA notice the VA has to re-adjudicate your claim (if they adjudicated it prior to that time). I received my VCAA notice June 2007. The VA adjudicated my claim November 2007. I sent evidence to support my claim June 2008 (within one year of the notice). I also asked the VA to re-adjudicate my claim, based on the fact that I had sent the evidence within one year. They denied getting the evidence (thus the eligibility for Special Claims Handling). They did not re-adjudicate my claim. I didn't think that the special claims handling would speed up my claim - but it should , in the very least, put me in the position where the VA acknowledges that the evidence sent in response to the VCAA notice was submitted within the allowable time-frame (as evidenced by my tracking information, signed return receipt, and IRIS to them when I mailed it). At this point they have informed me that I have a DRO review Nov. 2010. A major question I have is - should I just wait for the DRO review in November and skip requesting the re-adjudication again? Or should I request my claim be re-adjudicated - adding one more step to the process - and probably more time - especially as my claim would probably not be re-adjudicated as early as November 2010. There might be two year wait for that. And if it is not granted, that would make it another two year wait for the DRO review. And if I ask for a re-adjudication, can I still submit more evidence (i.e. an IMO) to be considered at that time. And if I skip the re-adjudication, do I run the risk of the BVA remanding my case because my claim was not re-adjudicated upon receipt of the evidence submitted in response to the VA notice. I apologize for being so rusty with the VA procedures. I have been busy learning more than I wanted to know about Social Security the past couple of years. Thanks, Free

I don't think the VA would actually be "bound" by the SSA decision. However, it could still be used in an argument (i.e. "in xxxx instance the court found...) So the VA wouldn't be bound to follow the decision, but they could still be persuaded to follow the same line of reasoning. I am not sure this would work at the initial level, as the RO level follows the regulations (or is supposed to) rather than legal arguments. Additionally, as this is an 8th Circuit court decision, I don't even think the other Circuits within Social Security are actually "bound" by the decision. If Social Security publishes it as an SSR, then it would be binding. Otherwise, it once again, would be useful as an argument (though not binding), except within the 8th circuit. Within the 8th Circuit, it should be able to be used as a precedent - IF the Court has published it as a decision. There are decisions which are made public, but indicate that they have not been "published" and thus, cannot be used as a "precedent." Other decisions are "officially" published - and can be used as a precedent - but often are only "binding" within that Circuit. That is just my opinion - based on what I know - and I certainly don't know everything (so I could be wrong). Free

I just got an answer to the IRIS I sent December 8 which informs me that the reviews on my NODs will be two years after they were received. "A review of of your two pending Notices of disagreements are still pending. The Department of Veterans Affairs has maintained the dates of the notification you have sent to the Chicago Regional Office. The Notice of Disagreement for Dependency and Indemnity Compensation which has been noted as being received as of November 12, 2008 with a Decision Review Officer (DRO) is scheduled for November 13, 2010. The Notice of Disagreement for Helpless Child claim has been noted as being received as of July 16, 2009 with a review scheduled for July 17, 2011. All notices of disagreements and appeals are worked in order of receipt at the Regional Office." Ughhhh - two years....... However, I also received my VCAA Notice in June 2007. It took almost a year to get a copy of the C-file. I asked for an extension of time to submit evidence, as I was not provided with the information I needed from THEM until almost a year after the VCAA Notice. And actually, I had been specifically requesting a copy of my husband's discharge physical and the Medical Opinion they used to deny my claim (in order to get an IMO) and still have not received those. However, I did submit my evidence in June 2008 (within one year of the VCAA Notice), as I was not informed whether my request for extension was granted. In that I submitted the evidence within one year of the VCAA Notice, I requested that my claim be re-adjudicated. (In that they adjudicated my claim seven months prior to the one year allowed for me to submit evidence and six months before they had provided me with a copy of the C-file). The VA denied getting this - though it was sent by certified mail, though I have a signed return receipt, and though I sent an IRIS the day I mailed it informing them that I sent it and the Certified Mail receipt number. (In all the communication back and forth on that IRIS, the VA employee never mentioned that they did not receive the evidence..) Anyway - I resubmitted the evidence under the Special Claims Handling for Missing Documents. So do I still have the right to ask that my claim be re-adjudicated - as the evidence should now be considered constructively received by the VA as of the date I mailed it, or the date they signed the return receipt card? Would it be wise to request this? Or will I just be adding another step in my claim that will make it take longer? (...in that if they don't grant the claim at the initial level - I will have another two year wait for the DRO review.) And if they do re-adjudicate it - can I still submit evidence to be considered? (i.e. an IMO)or will they only consider the evidence that was submitted within one year of the VCAA Notice? Thanks, Free

Pool guy, I will have to look that up. I've read some info on it, but skip over some of it since my son is legally an adult. If you are filing taxes on behalf of the child, I doubt they would pay any tax unless they have significant income from other sources. I do know, in my son's case, I have already played around with the figures and even though he receives monthly payments and received a 2 year retro check this year, and some interest (but not much) he won't have to pay any taxes, regardless of whether he claimed himself or I claimed him as a dependent - I tried it both ways. The claiming a child as a dependent part is also something to look into. The rules for claiming your own child as a dependent is that the child did not provide over one-half of their own support. (It used to be that YOU provided over 1/2 - Now it is just that THEY did not - that is a sometimes a big difference). According to the tax forums I checked out - SSD is considered the child's own income. SSI is not. SSI is considered "third party" support - as it is based on need. So a child's SSI income is not considered contributions toward their own support. But I read most of the information as it applies in my case - and adult disabled children. So I am not certain if the child is younger, and the payments are made to the parents on behalf of the child - if it is treated the same way. I suspect that it is - as the reason the two types of payments are treated differently is that SSI is a needs based (i.e. welfare type) of program where the money is not really "yours" - it is payments made on the basis of age / disability and income. SSD (and dependent / survivor benefits) are actually an insurance program - that you paid intoto have that insurance - and thus the payments are considered "property" that actually "belongs" to you. Kind of technical - but there is a difference. Anyway - even if the child's payment is considered their own income, they may still be claimed as your dependent if you provided over one-half of their support. This would include their respective "share" of any family expenses, as well as their individual expenses. And from what I have found they don't just count all the money the child received as "used toward their support." It actually has to be spent as such to count. For instance, if the child received $8,000, but $4,000 is in savings or something - they only used $4,000 toward their support. With children involved - that also changes the mix of whether the couple should file joint or separate, because some of the credits and deductions are treated differently based on the filing status. I think the child and dependent care tax credit is one of them. And, I again, like the tax preparation software because you can play around with it and see what affects what - which also helps with future planning. Hope this helps, Free

From: http://www.ssa.gov/planners/taxes.htm Taxes and your Social Security benefits Some people have to pay federal income taxes on their Social Security benefits. This usually happens only if you have other substantial income (such as wages, self-employment, interest, dividends and other taxable income that must be reported on your tax return) in addition to your benefits. No one pays federal income tax on more than 85 percent of his or her Social Security benefits based on Internal Revenue Service (IRS) rules. If you: * file a federal tax return as an "individual" and your combined income* is o between $25,000 and $34,000, you may have to pay income tax on up to 50 percent of your benefits. o more than $34,000, up to 85 percent of your benefits may be taxable. * file a joint return, and you and your spouse have a combined income* that is o between $32,000 and $44,000, you may have to pay income tax on up to 50 percent of your benefits o more than $44,000, up to 85 percent of your benefits may be taxable. * are married and file a separate tax return, you probably will pay taxes on your benefits. *Note: Your adjusted gross income + Nontaxable interest + ½ of your Social Security benefits = Your "combined income" Each January you will receive a Social Security Benefit Statement (Form SSA-1099) showing the amount of benefits you received in the previous year. You can use this Benefit Statement when you complete your federal income tax return to find out if your benefits are subject to tax. If you do have to pay taxes on your Social Security benefits, you can make quarterly estimated tax payments to the IRS or choose to have federal taxes withheld from your benefits. For more information about taxation of benefits, see IRS Publication 915, Social Security and Equivalent Railroad Retirement Benefits.

Giz, You might find the new case interesting. I found out about it in this post: http://ssaconnect.com/component/option,com...c/t,7871/#26662 - on SSA connect. (bottom of page) The full case decision is posted at: http://www.ca6.uscourts.gov/opinions.pdf/10a0007n-06.pdf It is not a published opinion (yet, at least) - Thus it can't be used as a precedent. However, it is interesting in that the court remanded a decision based, in part on the VE testimony that the person could do work as a (of all things) document preparer (or security camera monitor)- and that these jobs existed in significant numbers in the economy. One reason the court remanded the case was that the VE used out-dated information in issuing their opinion. Just thought it was interesting... By the way... how is it going? Have you spoken with an attorney yet? Free

That's an excellent idea! Free

Pete, Thank you for accepting my post in the spirit in which it was intended. I was hesitant to post it because I was afraid I might come off sounding like I was trying to discourage you or tell you what to do. And I certainly did not want to do that. I just wanted to give you a gentle warning, as I wish I would have waited until I could handle being told my husband's life wasn't worth much before I pursued any action. But I believe you are wise enough to know when the time is right for you, and I admire you in your quest to protect and assist Mike's widow - as well as to bring a sense of justice and honor to his death. It is hard to imagine the desperation your brother must have felt in order for him to leave in the way he did. It must have been excruciating. My thoughts and prayers stay with you, Free

Looking at this from several angles: From one angle, I can see Larry’s point. (kind of sort of…) It can be very hard to help someone if you can’t understand what they are saying. But I do think the reason they aren’t communicating in a way that is easily understood should be taken into consideration. For those of you who are younger, you might want to keep in mind that “text speak” is relatively new. Though the younger generation seems to be able to actually think in text language, those of us who are a little older have to try to decipher it into something that we can understand (i.e. English). So it does help us if you try to communicate in a way that is understandable to those trying to help. That doesn’t mean you have to have your post proofread by an English teacher prior to posting. But try, as much as possible, to make your questions clear enough that the person trying to help can save their brain power for answering the tough questions. From another angle, sometimes people don’t communicate very clearly because they lack the skills to do so. I certainly think such people not only deserve to be helped – but also probably need help more than those who have better writing and communication skills. And I certainly don’t think they deserve to be put down for not having better skills than they do. From another angle, sometimes the whole experience of dealing with the VA makes us so mixed up and confused that we cannot think straight ourselves , let alone communicate our thoughts clearly to another person. I have reached that point many times myself – where I try to explain something, and no matter how logical and rational I try to be, the thoughts just all pour out in whatever order they do – and any attempts to straighten them out just tangles them more. I have seen many examples of vets asking for help – and their mind was in such an overwhelmed state that it was hard to understand what they were saying. But I also saw how over time, those same vets got clearer and clearer and clearer – as fellow members helped them sort through the tangles and put some order to their claim (and their thoughts). I certainly know that the times my mind was a tangled mess, fellow hadit members helped me straighten out the tangles and so it started making sense to me – and thus, I could explain things in a way that made sense to others. So I have seen hadit as a “safe place” that we could bring our tangled messes, without the need to tidy them all up and make them look pretty first. I am not quite sure that hadit is quite that same safe place anymore. It seems to have more of a bite to it than it used to have. Anyway – those are some of the angles I see . I am sure there are more.

Ah... Here is the info I was talking about. If you file separate returns, you can amend the filing status later. If you file joint returns, you can not amend the filing status. You can file differently in different years - but you can't go back and change the return that has been filed (IF you file jointly). http://www.irs.gov/publications/p17/ch02.html "Joint Return After Separate Returns You can change your filing status by filing an amended return using Form 1040X. If you or your spouse (or both of you) file a separate return, you generally can change to a joint return any time within 3 years from the due date of the separate return or returns. This does not include any extensions. A separate return includes a return filed by you or your spouse claiming married filing separately, single, or head of household filing status. Separate Returns After Joint Return Once you file a joint return, you cannot choose to file separate returns for that year after the due date of the return."