free_spirit_etc

NOT quite interest -- but property tax info http://dor.mo.gov/tax/personal/faq/ptc.htm Missouri does have Property Tax Relief for disabled vets. It looks like you can qualify for $750 per year (which would be comparable to an income tax deduction for interest - if you are within the income limits. The limits are $25,000 single and $27,000 couple - but they don't count Veteran Payments if you are 100% disabled as a result of military service. Forms are due April 15 - but you can file to claim three years BACK. So April 15 of THIS year was the filing date for 2007 Property Tax - but you can still file that - AND for 2006 and maybe 2005. Good Luck! Free

Well... you kind of sort of almost do get it back - if you don't pay any taxes. Tax-wise - you don't really get ALL you interest back. You can claim your interest as an itemized deduction IF you itemize, rather than take the standard deduction. So - depending on what tax bracket you would be in, if you DID pay taxes - you would just be getting a percentage of your interest payment "back" (kind of sort of) IF you had more deductions by itemizing than you did by going with the standard deduction. Someone has already mentioned filing jointly if you are married. And if you are living with someone else, THEY might be able to claim the deduction -but they would have to be the one who paid the interest and have "equitable title" in the property. You don't have to be the legal owner, but you have to be considered the equitable owner. You might also want to check out any breaks your state might give to disabled vets on property tax. Some states also give breaks to people with disabilities. Free

(PPS-80) SSR 82-62 SSR 82-62: TITLES II AND XVI: A DISABILITY CLAIMANT'S CAPACITY TO DO PAST RELEVANT WORK, IN GENERAL PURPOSE: To state the policy and explain the procedures for determining a disability claimant's capacity to do past relevant work (PRW) as set forth in the regulations, and to clarify the provisions so that they will be consistently applied. CITATIONS (AUTHORITY): Sections 223(d)(2)(A) and 1614(a)(3)( of the Social Security Act, as amended; Regulations No. 4, Subpart P, sections 404.1505(a), 404.1520(e), 404.1560, 404.1561, 404.1562, and 404.1565; and Regulations No. 16, Subpart I, sections 416.905(a), 416.920(e), 416.960, 416.961, 416.962, and 416.965. INTRODUCTION: To be found disabled under the law, an individual (except for a title II widow, widower, or surviving divorced spouse, or a title XVI child younger than age 18) must have a medically determinable physical or mental impairment(s) of such severity that he or she is not only unable to do his or her previous work but cannot, considering his or her age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy. The regulations provide a sequential evaluation process for determining disability. In the fourth step of this process, consideration is given to the individual's capacity to perform PRW. Sections 404.1520(e) and 416.920(e) of the regulations state as follows: "Your impairment must prevent you from doing past relevant work. If we cannot make a decision based on your current work activity or on medical facts alone, and you have a severe impairment, we then review your residual functional capacity [RFC] and the physical and mental demands of the work you have done in the past. If you can still do this kind of work, we will find that you are not disabled." POLICY STATEMENT: The Relevance of Past Work The term "work experience" means skills and abilities acquired through work previously performed by the individual which indicates the type of work the individual may be expected to perform. Work for which the individual has demonstrated a capability is the best indicator of the kind of work that the individual can be expected to do. Sections 404.1565(a) and 416.965(a) of the regulations state as follows: "We consider that your work experience applies [i.e., is relevant] when it was done within the last 15 years, lasted long enough for you to learn to do it, and was substantial gainful activity [sGA]." Except for the purpose of determining whether the disability criteria of sections 404.1562 and 416.962 of the regulations are met, work performed 15 years or more prior to the time of adjudication of the claim (or 15 years or more prior to the date the title II disability insured status requirement was last met, if earlier) is ordinarily not considered relevant. An individual who has worked only sporadically or for brief periods of time during the 15-year period, may be considered to have no relevant work experience. Capacity to do past work may be indicative of the capacity to engage in SGA when that work experience constituted SGA and has current relevance considering duration and recency. SGA The adjudicative criteria for determining whether a person has done "substantial" and "gainful" work activity are explained in sections 404.1571-404.1575 and 416.971-416.975 of the regulations. Duration Duration refers to the length of time during which the person gained job experience. It should have been sufficient for the worker to have learned the techniques, acquired information, and developed the facility needed for average performance in the job situation. The length of time this would take depends on the nature and complexity of the work. Recency Recency refers to the time which has elapsed since the work was performed. A gradual change occurs in most jobs in our national economy so that after 15 years it is no long realistic to expect that skills (or proficiencies) and abilities acquired in these jobs continue to apply. The 15-year guide is intended to insure that remote work experience which could not reasonably be expected to be of current relevance is not applied. While the regulations provide that a claimant/beneficiary's work experience is usually relevant when the work "was done within the last 15 years," in some cases worked performed prior to the 15-year period may be considered as relevant when a continuity of skills, knowledge, and processes can be established between such work and the individual's more recent occupations. The following subsections describe how the relevant 15-year period will be determined. When deciding whether a claimant is disabled under title II or title XVI, the 15-year period is generally the 15 years prior to the time of adjudication at the initial, reconsideration or higher appellate level. In those title II cases in which the claimant's disability insured status was last met prior to adjudication, the work performed for the 15-year period preceding the date the title II disability insured status requirement was last met would generally be considered relevant, since the claimant's capacity for SGA as of that date represents a critical disability issue. When deciding whether a title II or a title XVI beneficiary continues to be disabled, relevant past work is work he or she performed in the 15-year period prior to adjudication of the issue of continuing disability. What the Claimant Can Now Do Physically and Mentally — RFC Evaluation under sections 404.1520(e) and 416.920(e) of the regulations requires careful consideration of the interaction of the limiting effects of the person's impairment(s) and the physical and mental demands of his or her PRW to determine whether the individual can still do that work. Since the severity of the impairment(s) must be the primary basis for a finding of disability, evaluation begins with a determination of the claimant's functional limitations and capacities to sit, stand, walk, lift, carry, etc. (See SSR 82-51 (PPS-85: Guidelines for Residual Functional Capacity Assessment in Musculoskeletal and Cardiovascular Impairments).) Comparing RFC with the Physical and Mental Demands of Past Relevant Occupations The RFC to meet the physical and mental demands of jobs a claimant has performed in the past (either the specific job a claimant performed or the same kind of work as it is customarily performed throughout the economy) is generally a sufficient basis for a finding of "not disabled." Past work experience must be considered carefully to assure that the available facts support a conclusion regarding the claimant's ability or inability to perform the functional activities required in this work. (See SSR 82-61 (PPS-72: Past Relevant Work — The Particular Past Job or the Occupation as Generally Performed) and SSR 82-40: (PPS-69: The Vocational Relevance of Past Work Performed in a Foreign Country).) The claimant is the primary source for vocational documentation, and statements by the claimant regarding past work are generally sufficient for determining the skill level, exertional demands and nonexertional demands of such work. Determination of the claimant's ability to do PRW requires a careful appraisal of (1) the individual's statements as to which past work requirements can no longer be met and the reason(s) for his or her inability to meet those requirements; (2) medical evidence establishing how the impairment limits ability to meet the physical and mental requirements of the work; and (3) in some cases, supplementary or corroborative information from other sources such as employers, the Dictionary of Occupational Titles, etc., on the requirements of the work as generally performed in the economy. The decision as to whether the claimant retains the functional capacity to perform past work which has current relevance has far-reaching implications and must be developed and explained fully in the disability decision. Since this is an important and, in some instances, a controlling issue, every effort must be made to secure evidence that resolves the issue as clearly and explicitly as circumstances permit. Sufficient documentation will be obtained to support the decision. Any case requiring consideration of PRW will contain enough information on past work to permit a decision as to the individual's ability to return to such past work (or to do other work). Adequate documentation of past work includes factual information about those work demands which have a bearing on the medically established limitations. Detailed information about strength, endurance, manipulative ability, mental demands and other job requirements must be obtained as appropriate. This information will be derived form a detailed description of the work obtained from the claimant, employer, or other informed source. Information concerning job titles, dates work was performed, rate of compensation, tools and machines used, knowledge required, the extent of supervision and independent judgment required, and a description of tasks and responsibilities will permit a judgment as to the skill level and the current relevance of the individual's work experience. In addition, for a claim involving a mental/emotional impairment, care must be taken to obtain a precise description of the particular job duties which are likely to produce tension and anxiety, e.g., speed, precision, complexity of tasks, independent judgments, working with other people, etc., in order to determine if the claimant's mental impairment is compatible with the performance of such work. Persons with physical impairments (e.g., cardiovascular or gastrointestinal disorders) may have performed stressful tasks. This may also require a decision as to whether the impairment is compatible with the performance of such work. If more than one job was performed during the 15-year period, separate descriptions of each job will be secured. The Disability Determination or Decision Where a Claimant or Beneficiary Can Meet the Physical and Mental Demands of a Past Relevant Occupation The rationale for a disability decision must be written so that a clear picture of the case can be obtained. The rationale must follow an orderly pattern and show clearly how specific evidence leads to a conclusion. The file will contain all the pertinent information which respect to the medical aspects of the case as well as the nonmedical facts. The explanation of the decision must describe the weight attributed the pertinent medical and nonmedical factors in the case and reconcile any significant inconsistencies. Reasonable inferences may be drawn, but presumptions, speculations and suppositions must not be used. A decision that an individual is not disabled, if based on sections 404.1520(e) and 416.920(e) of the regulations, must contain adequate rationale and findings dealing with all of the first four steps in the sequential evaluation process. In finding that an individual has the capacity to perform a past relevant job, the determination or decision must contain among the findings the following specific findings of fact: A finding of fact as to the individual's RFC. A finding of fact as to the physical and mental demands of the past job/occupation. A finding of fact that the individual's RFC would permit a return to his or her past job or occupation. EFFECTIVE DATE: The policy explained herein was effective on August 20, 1980, the date the regulations covering the basic policy in the subject area were effective (45 FR 55566). CROSS-REFERENCES: Program Operations Manual System, Part 4 (Disability Insurance State Manual Procedures) sections DI 2041, 2382, 2383, 2383.1, 2387, 2389, and 3027. -------------------------------------------------------------------------------- Back to Table of Contents

I think they go by the type of work you did the past 15 years. So the LESS you are able to do the type of work you have done in the last 15 years, the more likely you can show you are disabled under Social Security guidelines. So if thee type of work you DID was physical and demanding, and you can no longer do that TYPE of work - it should work more in your favor. §404.1565 Your work experience as a vocational factor. (a) General. Work experience means skills and abilities you have acquired through work you have done which show the type of work you may be expected to do. Work you have already been able to do shows the kind of work that you may be expected to do. We consider that your work experience applies when it was done within the last 15 years, lasted long enough for you to learn to do it, and was substantial gainful activity. We do not usually consider that work you did 15 years or more before the time we are deciding whether you are disabled (or when the disability insured status requirement was last met, if earlier) applies. A gradual change occurs in most jobs so that after 15 years it is no longer realistic to expect that skills and abilities acquired in a job done then continue to apply. The 15-year guide is intended to insure that remote work experience is not currently applied. If you have no work experience or worked only "off-and-on" or for brief periods of time during the 15-year period, we generally consider that these do not apply. If you have acquired skills through your past work, we consider you to have these work skills unless you cannot use them in other skilled or semi-skilled work that you can now do. If you cannot use your skills in other skilled or semi-skilled work, we will consider your work background the same as unskilled. However, even if you have no work experience, we may consider that you are able to do unskilled work because it requires little or no judgment and can be learned in a short period of time. ( Information about your work. Under certain circumstances, we will ask you about the work you have done in the past. If you cannot give us all of the information we need, we will try, with your permission, to get it from your employer or other person who knows about your work, such as a member of your family or a co-worker. When we need to consider your work experience to decide whether you are able to do work that is different from what you have done in the past, we will ask you to tell us about all of the jobs you have had in the last 15 years. You must tell us the dates you worked, all of the duties you did, and any tools, machinery, and equipment you used. We will need to know about the amount of walking, standing, sitting, lifting and carrying you did during the work day, as well as any other physical or mental duties of your job. If all of your work in the past 15 years has been arduous and unskilled, and you have very little education, we will ask you to tell us about all of your work from the time you first began working. This information could help you to get disability benefits. Free

http://www.socialsecurity.gov/appeals/fit/index.html What is FIT? The Findings Integrated Templates (FIT) is a Commissioner initiative designed to improve the quality and consistency of Office of Disability Adjudication and Review (ODAR) decisions. The FIT approach integrates the findings of fact into the body of the decision. This website makes FIT available to representatives. In conjunction with the new electronic disability process, representatives now have access to FIT and may take advantage of this new and innovative tool in order to better serve their clients. Representatives wishing to submit proposed decisions for consideration should do so using the FIT format. "FIT Expiration Alert" If your FIT version has expired, refer to the download fix below. What's Included? FIT includes the following: Favorables Requested Closed Periods Favorable Child SSI Favorable Adult Continuing Disability Reviews Favorable Child SSI Continuing Disability Reviews Favorable Disabled Widow’s/Widower’s Favorable Age 18 SSI Redeterminations Favorable Child SSI – Adult SSI (Dual Claims – when the claimant attains age 18 while the SSI claim is pending before an ALJ) Favorable Child Disability Benefits

Your raised some good points. But wouldn't the fact that the VA found her to be eligible for a pension based on unemployability (though ineligible due to her husband's income) come into play? The VA hasn't even acknowledged her claim back to 1983 yet. But they should be able to grant it back to 1983 (or whenever she filed to arrive at the 1983 decision) because she applied for Service Connection - and they approved her for pension - except for her family income. So they SHOULD date her SC claim back to the date that preceeded the 1983 decision -since they granted it back to 1992 based on the fact that the SMRs that showed service connection were not in her file. And since most of her other conditions that would be considered disabling didn't even get diagnosed until AFTER 1983 - then on what basis did the VA say she was unemployable in 1983? I agree that any statement by a doctor made at that time would help. It would seem that even a statement from a doctor who treated her at that time would help. Based on the work history reported in the C&P exams - she had intermittent jobs that would be considered marginal employment even before 1983. And they are using one of the doctor's notes to try to say she wasn't that disabled - i.e. that she worked at a high stress job and then worked at home. If her job wasn't a high stress job, but a job that she found stressful - and if she never did work (as in employment) from home - but rather his reference to her working at home meant working around the house.. then they have misconstrued his statements. I do think that she should get SC back to 1983, as her SMRs were missing - and they found her to be disabled then. Even at 10% - that would be a chunk of change. I imagine a female vet would have a harder time showing they could never hold sustaining employment because of a disability - because "back in the day" many females only worked part-time off and on anyway. So it wouldn't be as strong a correlation as a male vet that could show he never worked much. It would be harder to determine if it was because of being disabled or by choice. Free

The records have the Vet's name and address - just about 20 miles from here. I thought of calling him and asking if he wanted the copies. Aren't there penalities for releasing people's private medical information to strangers? Free

In addition to the NOD - did you perfect the appeal for headaches too? I know it would be hard to sort out because they messed the whole thing around playing games. I think that is part of the game - tying the whole claim in knots. Do your doctors say your headaches are related to the anxiety. Or are they still calling them vascular? If you mentioned the headaches on the perfected appeal, as well as the NOD - OR even mentioned ALL issues, or something like that - then you could ask them to adjudicate your unadjudicated headache appeal. If they did - that would certainly save time for sure. Rather than taking it back up through the BVA. I would also hold off on mentioning they are totally controlled by medicine on the TDIU claim....as long as you have an active claim on them. Kind of leave it where you can go either way on the issue. Or rather than say they are controlled by medicine - mention the headaches are being TREATED with medication - as they HAVE BEEN SINCE SERVICE - and though they are disabling, they don't have near the impact on your employability as your anxiety does. Free

LOLOL Or ask if I am supposed to use my husband's social security number on my claim now, or the social security numbers and home addresses of OTHER veteran's they have provided me with. Free

I finally got my husband's C-file I requested last year. They sent this one priority mail. I requested an extension of time to submit evidence - since my one year is up June 7 and I JUST NOW got the C-file I requested LAST June. They haven't responded to my IRIS request. The C-file has some med records of a couple of other vets in it. Kind of a Privacy Act Violation kind of a thing, I suppose. The C-file does NOT have my husband's discharge physical - which they have not been able to find - nor have they admitted they lost it. There is a notation in the SMR's that the physical was done - and says see attached form. And some of the C&Ps mention something that was in the discharge physical - so the VA DID have it once upon a time. Also - on my saga of the VA reclaiming my husband's last payment from MY bank account - though I was told in the IRIS responses that the money had to be reclaimed and that I could not be issued a check as there was no evidence I was his widow (Yeah. Right. SEVERAL copies of our marriage license and my name is listed as SPOUSE right ON the DEATH CERTIFICATE). Anyway - there is a transmital in the file instructing Finance to NOT reclaim the money - as I was the surviving spouse and entitled to it. The form was dated in JUNE 2007. The VA reclaimed the money in AUGUST 2007. SO I am going to ask for them to GIVE IT BACK. I also have not been paid for his burial allowance yet. I filed a claim for the burial and my father-in-law filed a claim for the plot. ($300 each). Anyway - there are notes in the file that they LOST the claim. And there is a letter where they asked my father-in-law to REFILE it, and admitted to him they lost it. Another issue is the Medical Opinion they obtain from the VA - which was used to deny my claim. The SOC states they used the Medical Opinion of October 2006 as evidence. There is NO medical opinion dated October 2006. There IS an opinion with NO date - that pretty much says what they said the October 2006 one did. However, this was probably issued in October 2007 - because the Request for the Opinion sheet is asking for information about CAUSE OF DEATH - and my husband didn't die until Feb 2007. Anyway - several issues I have with that are: There is NO date on the Request. Though we SPECIFICALLY sent LOTS of information that my husband's cancer STARTED in the service, regardless of whether there were any symptoms - and in fact noted that there were NO symptoms - and gave them medical evidence that MOST lung cancer IS asymptomatic until late stages - the ONLY thing they ASKED the VA doctor to opine on was whether my husband had any SYMPTOMS in service - or within the presumptive period - that could be attributed to his cancer. I guess I will let that go for now - and get an IMO that addresses the actual ISSUE - and then point out that though their doctor DID opine that no symptoms appeared in service, he did not CONFLICT with the evidence I am submitting that it STARTED in the service. Heck! My husband didn't have any SYMPTOMS when they removed the 3.1 cm tumor. Also - the VA medical opinion is NOT dated, and I see NO signature. But it says "OVER" at the bottom of the page - and they did not provide me with a second page. Should I send them an IRIS and tell them I am willing to trade them the other veteran's medical records that are in my husband's file for the second page of the VA doctor's opinion and a copy of his discharge physical? Free

I remember reading on the Ticket to Work program - that the agency only gets paid if they get you working and OFF SSD. I was wondering if they mess up SSD by writing reports that you CAN work that much even if you can't. Free

General Rating Formula for Mental Disorders: 100% - Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name 70% - Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships 50% - Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships 30% -Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) 10% - Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication 10 0% - A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication

http://www.cafc.uscourts.gov/opinions/04-7020.pdf The 1989 version of 38 C.F.R. § 4.16© read: n cases in which the only compensable service-connected disability is a mental disorder assigned a 70 percent evaluation, and such mental disorder precludes a veteran from securing or following a substantially gainful occupation . . . the mental disorder shall be assigned a 100 percent schedular evaluation. I wonder when they updated THAT one! CURRENT ONE § 4.16 Total disability ratings for compensation based on unemployability of the individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501) ( It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. I think you have a case for the fact that you have ALWAYS been "unemployable - as you have NEVER had substantial gainful employment - you have ONLY had marginal employmment! And from 1983 you have been unable to even maintain the MARGINAL employment. Free

The second one also shows a pattern... multiple jobs - none lasting very long -- and then not working - and you FUNCTION better at home -- Well..YES>> your husband drives your everywhere - and you rarely go out... you function BEST at home - with a supportive family - and less stress... Which is slightly different than wanting to WORK from the home. Free

The statement "She has NOT worked since 1983 SECONDARY to her high levels of anxiety and depression" sure sounds like it. The VA was SAYING they got the idea you quit work in 1983 to work at home from your med records. Did they mis-state those? Was wondering if it was a case where you DID try working - but couldn't handle the stress and wanted to be at home (i.e. safer, less stress) - which is totally different that wanting to WORK from home - or "ho hum..I think I will just sit at home..." Free

ANOTHER thing to point out then - that though you DID work - the anxiety affected your ability to earn much your entire life, and even when you were able to work - your anxiety prevented you from earning enough to get SSD - Also - as to their point that you WORKED in a HIGH STRESS JOB. They are saying that - as if you were able to HANDLE a HIGH STRESS job. Was your job REALLY a HIGH STRESS job? Or was the job HIGHLY STRESSFUL to YOU. i.e. is it a job that ANYONE would find high stress? or was it a typical job that YOU found too be highly stressful --due to having chronic anxiety. Free

Amazing - the gruesome twosome and their punching holes in wall story got you a higher rating. ACK! I would file an NOD for sure: both on the effective date and the rating. Effective date - AT LEAST back to 1983 - when they listed anxiety as one of the aspects of your pension. For the TDIU claim - you might want to ask the RO to call a CUE on themselves - and see if that goes quicker. http://www.va.gov/vetapp03/Files/0300890.txt This situation is unlike that in Roberson v. Principi, 251 F. 3d 1378 (2001). In Roberson, the United States Court of Appeals for the Federal Circuit held that when a veteran submits evidence of a medical disability and makes a claim for the highest rating possible and additionally submits evidence of unemployability, the "identify the benefit sought" requirement of section 3.155(a) has been met and VA must consider TDIU. They had AMPLE evidence that you were unemployable - (i.e. your 1983 pension award). So they SHOULD have sent you a TDIU form to fill out. If they did not - the TDIU claim is still PENDING - as it was RAISED by the evidence of record - and they did not send you a form or decide it. You could also ask them to make a decision on your TDIU claim and cite Roberson. I would still add that to the NOD - that they did not decide your TDIU claim - but you could also see if it would be a quicker route to ask them to DECIDE it (i.e. remind them that it is still PENDING) or ask them to call a CUE on themselves for ignoring the evidence of record. IF you send in the form - I would note on it - that the form is PERFECTING your PENDING TDIU claim - that was ALREADY raised in ___ by the evidence of record. (To try to keep them from just acting like the date they got the form was the date you "applied." And again - with the 1983 thing -- isn't a claim for SC a claim for Pension and vice-versa? In that event - they should go back to AT LEAST 1983 - on the same Theory they went back to 1992 (they hid your records). Free

Oh, okay. I was concerned when I understood someone to say yesterday that you don't get them with the C-file. I am hoping to get them. Free

I am having trouble understanding this. We requested my husband's records from the NPRC. After a significant delay, we were told they couldn't provide them, as the VA had them. I included on my written request for his C-file that we wanted his SMR's. Now if they don't provide them, as they don't own them - but the NPRC can't provide them because the VA has them - how do you get a copy? It seems to be somewhat unfair that once you file a claim for Compensation, your records are transferred to prevent you from getting a copy. We DO have copies of most of the SMR's - but I was trying to get his discharge physical. THe VA states they don't have it. But one of the C&P's discussed the discharge physical. Free

I remember reading that a long time ago, but I didn't fully understand the difference between pension and compensation at that time. Odd that they would grant it for pension and not compensation. I do know I have read you don't have to be unable to file for a whole year. You only have to show you were unable to file within the first 30 days of that year. But it looks like it only applies to pension. I think lots of informal claims have been won. If you make a claim - and the claim is not "complete" then the VA is supposed to mail you a form to complete your claim. If they do not mail you the form - the claim is supposed to be considered still pending. The time limit for submitting the form is not supposed to start until they mail it to you. Sec. 3.150 Forms to be furnished. (a) Upon request made in person or in writing by any person applying for benefits under the laws administered by the Department of Veterans Affairs, the appropriate application form will be furnished. Sec. 3.155 Informal claims. (a) Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not sui juris may be considered an informal claim. Such informal claim must identify the benefit sought. Upon receipt of an informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution. If received within 1 year from the date it was sent to the claimant, it will be considered filed as of the date of receipt of the informal claim. ( A communication received from a service organization, an attorney, or agent may not be accepted as an informal claim if a power of attorney was not executed at the time the communication was written. © When a claim has been filed which meets the requirements of Sec. 3.151 or Sec. 3.152, an informal request for increase or reopening will be accepted as a claim. Free

I sure don't know. So I am interested in the answers you get. I assumed you got the SMR's when you got the C-file. But I read on here yesterday that you don't. The RO is supposed to send me "another" copy of my husband's C-file (that I don't think they actually sent the first time. I was hoping to get the SMR's. Free

I would think they would / could be all inter-related. And if the back and knee are already granted SC, then it might be easier to get the feet & ankles SC as secondary - as long as a doctor says it is as likely as not that the knee and back problems could have caused the foot problems. Free

I found this, but it is just showing the waiver for pension, not compensation. Free §3.400 General. Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later. (Authority: 38 U.S.C. 5110(a)) (a) Unless specifically provided. On basis of facts found. ( Disability benefits: (1) Disability pension (§3.3). An award of disability pension may not be effective prior to the date entitlement arose. (i) Claims received prior to October 1, 1984. Date of receipt of claim or date on which the veteran became permanently and totally disabled, if claim is filed within one year from such date, whichever is to the advantage of the veteran. (ii) Claims received on or after October 1, 1984. (A) Except as provided in paragraph ((1)(ii)( of this section, date of receipt of claim. ( If, within one year from the date on which the veteran became permanently and totally disabled, the veteran files a claim for a retroactive award and establishes that a physical or mental disability, which was not the result of the veteran’s own willful misconduct, was so incapacitating that it prevented him or her from filing a disability pension claim for at least the first 30 days immediately following the date on which the veteran became permanently and totally disabled, the disability pension award may be effective from the date of receipt of claim or the date on which the veteran became permanently and totally disabled, whichever is to the advantage of the veteran. While rating board judgment must be applied to the facts and circumstances of each case, extensive hospitalization will generally qualify as sufficiently incapacitating to have prevented the filing of a claim. For the purposes of this subparagraph, the presumptive provisions of §3.342(a) do not apply. (2) Disability compensation: (i) Direct service connection (§3.4(:D). Day following separation from active service or date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later. Separation from service means separation under conditions other than dishonorable from continuous active service which extended from the date the disability was incurred or aggravated. (ii) Presumptive service connection (§§3.307, 3.308, 3.309). Date entitlement arose, if claim is received within 1 year after separation from active duty; otherwise date of receipt of claim, or date entitlement arose, whichever is later. Where the requirements for service connection are met during service, the effective date will be the day following separation from service if there was continuous active service following the period of service on which the presumption is based and a claim is received within 1 year after separation from active duty.

Oh rats! I thought the C-file would include copies of the SMR's. How do you get those? Do you have to specially order them from the VA? We couldn't get them from the Records Center because they say the VA has them. Free

I am not sure where I got this info - but found it in my files. IT says the VA is will require VA form 21-8940 before they PAY TDIU benefits, but the VA is obligated to consider and adjudicate the claim, regardless of whether the form is filed. So if they are ASKING you to file the form - they may already have determined you are eligible to TDIU - but can't PAY until the form is submitted. I would think that once the form is submitted they SHOULD pay you pretty easily back to the date your SC disability was granted a percentage greater than 60%. And they should pay all the way BACK to that date, as there was ample evidence in your file that you couldn't work, but they did not send you the form before now. TDIU CAN be granted when the SC disability is rated at LESS than 60%, but it is harder to get - I don't think the RO can even grant them - they have to be specially decided higher up. "5.4.9 How to Apply for TDIU VA Form 21-8940, Application for Increased Compensation Based on Unemployability, is the prescribed form for claiming individual unemployability (TDIU).53 The VA will require that a veteran complete and submit a VA Form 21-8940 before it will formally pay a claim for TDIU benefits.54 However, a veteran is not required to file this application form before the VA is obligated to consider and adjudicate a TDIU claim. When a veteran files an original claim for evaluation of a disability or a claim for an increase in the evaluation of a disability that has already been rated by the VA, the claimant is generally presumed to be seeking the highest benefit allowable.55 If either claim includes facts that indicate that the veteran is unemployable, the VA is obligated to consider and adjudicate a TDIU claim.56 For example, a veteran files a claim for a rating increase for an anxiety disorder, included in the evidence in the veteran’s claims file is a statement from a psychiatrist that the veteran’s mental disability precludes him from being able to work. Because of this evidence, the VA is obligated to consider and adjudicate the veteran’s entitlement to TDIU. Advocates should not wait to file claims for TDIU until the VA sends them the application form. The advocate should simply send the VA a letter stating that his or her client wishes to be considered for TDIU benefits and asking the VA to send all appropriate forms so that the client’s claim can be perfected. **Advocacy Tip** Some veterans who have inferred claims for TDIU may be entitled to an earlier effective date for their TDIU benefits.57 In Servello v. Derwinski,58 the court held that the existence of an inferred claim for TDIU might have entitled the veteran to an earlier effective date because under 38 U.S.C.S. § 5110((2), the effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability occurred if the application is received within one year from such date. The court reasoned that because under 38 C.F.R. § 3.155(a), the VA was required to, but did not, forward to the veteran a TDIU application form, the one-year filing period for such application did not begin to run.59 Thus, as a matter of law, the inferred claim submitted prior to the date of a formal TDIU application must be accepted as the date of claim for effective date purposes."