free_spirit_etc

Hey, every story (situation) is different, please let us know how it goes.

I'm pullin' for you..

Hamslice

Wow! SeattleShay,

I hope they quit using that doctor for IMEs.

Another option to cramming could be -- I think you can request a postponement up to two weeks prior to your hearing. That could give you a few more months.

hutchtam,

It is so sweet that you are thinking of ways to provide for your family -- but I think you need a better plan.

I don't know if suicide is specifically excluded, but I do know your survivors would have to fight to prove to the VA that it was caused by the service connected illness. That would probably take 5 to 10 years and they might not succeed. I don't think it would be helpful to put them through that. So I think you need to explore other options.

I agree with Leanne, that if you are under this much pressure, you need to reach out for help.

Is the health care and college expenses causing most of the pressure?

hutchtam,

It is so sweet that you are thinking of ways to provide for your family -- but I think you need a better plan.

I don't know if suicide is specifically excluded, but I do know your survivors would have to fight to prove to the VA that it was caused by the service connected illness. That would probably take 5 to 10 years and they might not succeed. I don't think it would be helpful to put them through that. So I think you need to explore other options.

I agree with Leanne, that if you are under this much pressure, you need to reach out for help.

Is the health care and college expenses causing most of the pressure?

Your family is unlikely to get benefits in the event of your suicide. Remember how hard you had to fight to get your benefits? Well it will be much harder for your family to try to get theirs. Ask Berta, who lost her husband to VA malpractice. It took Berta years and years, and she is still appealing.
Politicians and many VSO's make it sound like you go down, fill out some paperwork and "poof" 120 days later, here come your benefits. Thats a big lie as only about 15% get their benfits on the initial decision. Almost all of us here on hadit, have had to go through one or more appeals. An appeal to the Board of Veterans Appeals takes about 4 to 5 years, and that time goes up all the time. Can your family afford to wait at least 5 years for their benefits? Mine could not. If they can afford to wait 5 years for their benefits, then there is a question whether or not they "need" them, tho compensation benefits are not need based.

A better alternative is to take up "your" agenda. A few examples are taking up helping other Veterans, like Berta does. She believes it to be her calling because of a promise made to her husband before he died. There was a doctor who backed his car over his son and killed him. Instead of suicide for the guilt of accidently killing his toddler, he discovered there is technology available to help prevent backing over children. As a result of his persistence, and lobbying congress, soon every new car sold will come with a backup camera, and this is expected to save most/many of the 200 children each year who are backed over and serious injured or killed.
Perhaps the best idea is to give up your life in service for the Lord. I have never known one person who regretted doing this. But, you can take up "your" agenda, whatever it is. If you love golf, then you can work passionately for golf. Football? Support your favorite team. Veterans issues? Gee we need a more volunteers who answer questions for Vets, now that Carlie isnt around much anymore. Stick around hadit and you will learn and be able to answer other vets questions fairly soon.

Ten years is the determining factor for DIC. If you are 100 percent and die from any cause after 10 years, your famlly can get DIC.

It wont be good for your family in any case. You are much better off sticking around and giving your family some money to help them with college or whatever, and then you can keep kids from fighting over it when you are here.

I'm not sure of the answers, but I hope that you will reach out for help if you are in crisis. Do you need some referrals? I can post some for you.

hutchtam,

It is so sweet that you are thinking of ways to provide for your family -- but I think you need a better plan.

I don't know if suicide is specifically excluded, but I do know your survivors would have to fight to prove to the VA that it was caused by the service connected illness. That would probably take 5 to 10 years and they might not succeed. I don't think it would be helpful to put them through that. So I think you need to explore other options.

I agree with Leanne, that if you are under this much pressure, you need to reach out for help.

Is the health care and college expenses causing most of the pressure?

It is hard to tell how dire it is. It depends on who you listen to. I am not sure why MSN is treating this as new news. This 2011 article in the Huffington Post http://www.huffingtonpost.com/sen-don-riegle/post_1901_b_845106.htmlstated that the 2010 SSA trustees report stated SSA has enough surplus funds to pay full benefits through 2037 and after that they project they will be able to pay about 78% of projected benefits if nothing is done to strengthen the program. That is not that far off from the new MSN report. I think everyone knows they need to do something to strengthen the program. The sooner they start, the less drastic the changes need to be. There has been plenty of discussion about delaying the retirement age more, raising SSA taxes, cutting benefits, etc.

Though everyone says it was never meant to be someone's full retirement funds, but only to supplement people's retirement, many people are totally dependent on Social Security for their retirement. There are many low wage workers who have no retirement plans and barely earn enough to get by, let alone save for the future. So Congress needs to find a way to strengthen the program. .

It is hard to tell how dire it is. It depends on who you listen to. I am not sure why MSN is treating this as new news. This 2011 article in the Huffington Post http://www.huffingtonpost.com/sen-don-riegle/post_1901_b_845106.htmlstated that the 2010 SSA trustees report stated SSA has enough surplus funds to pay full benefits through 2037 and after that they project they will be able to pay about 78% of projected benefits if nothing is done to strengthen the program. That is not that far off from the new MSN report. I think everyone knows they need to do something to strengthen the program. The sooner they start, the less drastic the changes need to be. There has been plenty of discussion about delaying the retirement age more, raising SSA taxes, cutting benefits, etc.

Though everyone says it was never meant to be someone's full retirement funds, but only to supplement people's retirement, many people are totally dependent on Social Security for their retirement. There are many low wage workers who have no retirement plans and barely earn enough to get by, let alone save for the future. So Congress needs to find a way to strengthen the program. .

Congrats sounds like this would make a grat movie. Jack Nicholson would be awesome doing the role

Oddly enough, another contretemps can occur. If you receive a SOC, you have sixty days to file a VA 9 OR, and a very large OR, you may file new and material evidence to rebut the SOC. In this case (I did it) VA has to issue a new decision denying it and a SSOC informing you of this. You then legally have 30 days and not one sunset more to file the VA 9. I do not suggest it as it will sometimes cause even more litigation as to whether you legally complied with the original SOC, but that is the actual regulation as written. See 38 CFR 19.31. I have actually played this poker game with not one but three SSOC rebuttals before handing over the magic VA 9 and succumbing to that inevitable appeal. VA's VR&E gomers were so dumb they forgot to answer the last SSOC rebuttal and left it hanging unanswered. This is perfect ammo to take to the VLJ at a Board hearing. "Your honor, they didn't even deign to answer me so I was forced to file the VA 9. Please sir. Would you look at my new and material evidence they ignored?" This is what Bob Walsh and I did at my Travel Board hearing in Seattle last week. To say VLJ Vito Clemente was "disturbed" by VR&E's indifference to answering the SSOC is a masterpiece of understatement.

The whole purpose of appeal is to resolve your disagreement at the Regional Office locally. Appeals should be rare and based on case or controversy (or both). We now have a program best described these days as "develop to deny". I speak of a bare, conclusory glossing over of a FDC, a desperate search for some minute flaw or credibility issue, and an unsupported denial based on an undeveloped, or poorly developed, record. This method buys more time for the next in-basket at the DRO. Producing new evidence should by rights provoke a real, nuanced reexamination at your RO. It rarely does unless the evidence is so incontrovertible as to be exculpatory. VAROs, being under the gun to eliminate the backlog, merely play three downs and punts on fourth and long to the BVA. There, the backlog continues to metastasize like a malignant cancer as we all know.

Free Spirit
Yes. If you submit evidence AFTER the SOC, they are required to send a SSOC (Supplemental Statement of Case). However, if you dont submit any more evidece after received the SOC, then your case should move forward, if the VARO is so inclined.

Im sure you know that, when you get the SOC, you are required to file the I9, correct? If you dont/didnt file the required I9 timely, then your claim dies. I9 is here: http://www.va.gov/vaforms/va/pdf/VA9.pdf

You have 60 days to file the I9 after receipt of the SOC.

Remember it this way: The Veteran has multiple deadlines to keep (1 year to file a NOD, 60 days to file I9, etc). The VA, however, has no deadlines ever. They take as long as they want to process your claim and you wait, no matter how long it takes.
Interestingly, here is what "Vetsfirst" says about "delays". The courts cant seem to understand what "expiditious" means, because Board Remands tell VA they have to act expiditiously. Based on case law, "expiditious" apparently means the VA can wait more than 2.5 years, but not a decade. However, a Veteran must file his NOD "timely" which means within 365 days. Its interesting the courts call "expiditious" a 2.5 year delay, when we fail to "timely" appeal, our NOD is denied.

"The Secretary has a statutory obligation to expeditiously process remands from this Court. Thus, not only must the Secretary ensure that he completes the Court-ordered task, he must do so in an expeditious manner. 38 U.S.C. §§ 5109B, 7112. Excessive delays in the processing of remands ordered by the Court cannot help but sap public confidence and impugn the Court's dignity, as from the outside it invariably appears that VA is ignoring the valid mandates of an institution that has express authority over it in matters related to veterans benefits. See Erspamer v. Derwinski, 1 Vet. App. 3 (1990) (discussing delay in administrative action and public confidence).

Furthermore, the Secretary's obligation to process Court remands expeditiously is integral to this Court's jurisdictional authority to remedy unreasonable delays in the processing of veterans' claims. See Vietnam Veterans of America v. Shinseki, 599 F.3d 654, 659–660 (D.C. Cir. 2010) (suggesting that the U.S. Court of Appeals for Veterans Claims may have exclusive jurisdiction over claims concerning unreasonable delays in processing); see also Ribaudo v. Nicholson, 20 Vet. App. 552, 557 (2007) ("With respect to matters relating to veterans-benefits claims, however, Congress adopted a very different approach to judicial review. A decision of the Board can only be appealed to a single venue—this Court." (citing 38 U.S.C. § 7252(a))). Therefore, failure by the Secretary to comply with his obligation to process Court remands expeditiously, is the same as noncompliance with the remand order itself, even if the Secretary eventually complies with the substance of the order. Harvey v. Shinseki, 24 Vet. App. 284, 288 (2011).

"While there is no absolute definition of what is reasonable time, we know that it may encompass 'months, occasionally a year or two, but not several years or a decade.'" Community Nutrition Institute v. Young, 773 F.2d 1356, 1361 (D.C. Cir. 1985) (quoting MCI Communications Corp. v. FCC, 627 F.2d 322, 340 (D.C. Cir. 1980). Erspamer v. Derwinski, 1 Vet. App. 3, 10 (1990). When delay is alleged as the basis for a petition for writ of mandamus, a clear and indisputable right to the writ does not exist unless the petitioner demonstrates that the alleged delay is so extraordinary, given the demand on and resources of the Secretary, that it is equivalent to an arbitrary refusal to act. Compare Costanza v. West, 12 Vet. App. 133, 134 (1999) (per curiam order) (addressing an 11–month delay and finding the petitioner did not demonstrate that he lacked alternative means of relief when he did not undertake to resolve delay prior to filing the petition), with Erspamer v. Derwinski, 1 Vet. App. 3, 11 (1990) (addressing a three-year delay and finding petitioner had no adequate alternative means for relief when she contacted the regional office more than 30 times before filing her petition with the Court)."

foreveryoung,

if you think you might qualify, by all means apply. Everyone has the right to apply before someone determines whether they are eligible or not. I don't really know your circumstances that well. So any ideas I give may or may not apply. That would be great if the quarters you paid back entitled you to both. I think they make some other adjustments for military time too.

Keep in mind that there is no partial disability on SSD. You are either disabled or not. They don't rate on percentages like the VA. I personally think it would be difficult to show you were unable to work for the last 30 years when you were working.

You may very well qualify for retirement income from SSA. Even if you are close, you could even consider doing something very part time if you are able to, and pay in a few extra quarters over the next few years to make you qualify.

But then again, you know much more about your own circumstances.

In much of the time I fought my claim for accrued benefits and DIC, many people told me I would not win my claim --including VSOs, a couple of attorneys, and even some people on this forum, However, my research told me different, and I kept up the fight.

So by all means, if you think you are entitled to benefits, keep up the fight - Don't let anyone talk you into not fighting for what you deserve.

I think it is a wonderful idea! I am in!

I might have some other ideas but don't have a lot of time to discuss them right now. (I sneaked into hadit while my son is patiently waiting for me to finish my homework so I can take him somewhere...)

I think it is a wonderful idea! I am in!

I might have some other ideas but don't have a lot of time to discuss them right now. (I sneaked into hadit while my son is patiently waiting for me to finish my homework so I can take him somewhere...)

Please "reply" if you have an interest in a get together for hadit members/fans.
I have been to "hugfest" for Hepatitis C Vets (Im not a hep c Vet, but was invited anyway). It was awesome, even tho I could not stay the whole week.
Im not sure the wheel needs to be reinvented here, so its possible/likely to use the "hugfest" as a pattern for the "haditfest".

I have a friend who does much of the planning for the get together for hugfest, and I can check to see if he would plan us one also, if there is sufficient interest.

Altho I normally think of "hadit" for Veterans, I think all of us can agree "Berta" and "Free Spirit" as well as other spouses of deceased Veterans, deserve an invite.

Its even possible that some of you know a corporate sponsor who may even pick up all/or part of the bill for this, since this directly involves disabled Veterans and/or their spouses. Asking the VA to do this would be like pulling teeth..even tho they have no problem putting on million dollar parties for themselves. Maybe someone could "ask Bob" why VA has parties sponsered by VA and why not one for disabled Veterans. (Tho I am not sure I want to even attend if VA puts it on...)
"
Of course, I completely understand that many hadit members are either too sick, or too broke for such a get together.

Some sort of a "regional" get together may be better.

An example of what makes sense is here, in what Asknod calls "hugfest".:
https://asknod.wordpress.com/category/2013-hugfest-magnet-indiana/
Photos are here
https://asknod.wordpress.com/2013/06/19/hugfest-photos/

Here is the thread for the Office of Survivors Assistance:



Email - OfficeofSurvivors@va.gov

Looking over the thread,I see I had tried to obtain a copy of the medical opinion for TWO YEARS! I emailed them and they told me that they couldn't help, but if I gave them the RO I was working with and my claim number, they would forward the request to Consumer Affairs Liaison for assistance. I sent them the info January 19, 2010. The RO acted on my request two days later, January 21, 2010. I got another copy of the entire C-file on January 26, 2010.

I really wish the VA could move like SSA. When my husband applied for SSA - he needed to provide them with a copy of his birth certificate... which he had to get from the court house. The worker told him that all she could say was HURRY, because once she tagged it as a TERI claim (terminal illness) it would move FAST. They have special procedures for TERI claims to move them quickly and keep them from getting lost in the shuffle. My husband had retro benefits directly deposited in his bank account three weeks after he filed his initial application for SSDI.

Here is a BVA case on the matter: The minor children have the right to substitute for the appellant and continue the claim. But they need to make sure it is done properly or it can take forever.

http://www.va.gov/vetapp12/Files4/1229764.txt

I am not sure, but you can often shorten the time if you obtain the SSA records yourself and submit them to the VA.

Here is a case where the BVA granted SC for Mesothelioma -- based on a VA physician, as well as IMOs, connecting it to AO exposure.

http://www.va.gov/vetapp07/Files5/0740851.txt

TreeRoot,

You will want to get a copy of the C&P exam and all of your service medical records, as well as any other medical records that support your claim.

How much you need to build your case will depend on what the C&P exam says. Is the VA stating your PTSD is connected to the service?

You should be able to get a paper copy of your C&P exam if you go to the facility and ask for it.

If it is hard for you to read the medical reports, you might want to consider finding someone to help file your claim. It will be difficult to pursue a claim without knowing what all the evidence says. Do not count on the VA paying fair. You need to take care of yourself, or find someone who will take care of your interests, during the process.