Ricky

meant to finish out with "attempting to do so" which would be contempt of court if the court had directed one to file a financial statement.

With any PEB action he has certain rights. He needs to speak with a JAG attorney at the base he is at. They should be more than willing to assist him. Once he is discharged his Tricare coverage will end. Since his discharge is being based upon EPTS there will be no immediate VA assistance either. He will have to file a claim and prove aggravation. This will take a while. As to your insurance coverage - had he applied to any schools prior to enlisting? If so you may want to speak with them about his status. If not then I am afraid that he is stuck with all medical costs after his discharge.

kw34 be careful telling others to not disclose anything to the court. As others have stated it IS income during such proceedings. It can not be garnished or otherwise attached by the court as the VA will not reconize the order (which is lawful). However, the ole judge could care less in his figuring your total child support or alimony as to where the money comes from. Intentional failure to disclose it will cause you to see the inside of the bars for attempt. Just some friendly advice.

Maybe this might help someone. http://psyweb.com/

) Is my 100 percent award for anxiety alone considered schedular, or is that for "permanent and total" DV's? It is schedular. However, keep in mind it is based upon a mental issue so work is out of the question if you intend on keeping it at the 100 percent level. Q) The award letter said I was not permanent, but that since I was awarded 100 percent, the issue of TDIU was "moot." In the VA gobbledy-goop in this policy link it mentions the word "moot" but I'm not sure if that is what they were referring to. Yes this is what the word "moot" is referring to in your rating. It simply means that since they have already found you to be 100 percent schedular due to anxiety then why bother with your claim for TDIU. TDIU would not provide you any further benefits above and beyond the already given 100 percent rating so there is no need to process your claim for TDIU, therefore, they withdrew it.

Will, A full process court ordered adoption back into your name will allow for both VA and SS benefits (VA/SS dependent equals natural child, stepchild or formal adopted child) HOWEVER, you must speak with an attorney to insure the legal angles of the process are in order since this is already a biological child of yours.

Belle this is from my Nov post on this subject and it goes along with what shane is trying to relay to you. Just slow down, take a breath and refocus your fight. Belle, looks like you are going to have to go to the BVA. Not knocking your evidence this is just a couple of things to think about: -First don't get wrapped upon on this thing about the doc saying 70-100. He can say that but it has NO bearing on the level of disability assigned. A better statement would have been "veteran is totally disabled due to his SC condition." -As I read the summary of the doc statement there were simply to many "you saids", "you reported"..........These are history statements provided by the veteran and have no place in the medical opinion. In other words instead of saying you reported that you have difficulties maintaing family relationships...... the doc should have said veteran currently has difficulity establishing and maintaing family relationships....... etc....... I hope this makes since. I understand that mental issues rely a lot on the history of the veteran, the opinion just can not be written that way for if it is the rater will not place much weight on it. -There were references to treatment which included the words "normal" "mildly" "calm" "speech within normal limits" "No suicidal idelology" etc... way too much...... - 70 percent and up will not happen without: 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. I know that your husband is sick and you have worked yourself to death on his claim. Slow down, breathe and re-attack. You are going to have to have an IMO which provides: He can't work or go to school due to his continued inability to control his desires to sit or stand facing windows (rituals which interfere with routine activities;) He is unable to communicate with his peers due to his intermittent and illogical speech patterns (speech intermittently illogical, obscure, or irrelevant;). He suffers from continuous panic attacks that do not allow him to travel outside the home alone. (near-continuous panic or depression affecting the ability to function independently. He has periods of unprovoked anger inwhich all he wants to do is fight or hurt someone (impaired impulse control such as unprovoked irritability with periods of violence); etc............. I hope I do not make you mad but just sit back and re-read the SOC and then look at the requirements for 70+. Although the evidence sited in the SOC sometimes tends to hit the requirements other parts of it negate it and give the rater the leadway he needs to continue the 50 percent rating. Ricky

Hollywood - Shane is correct. Most doc's who comment on ROM have been doing it so long that they do not need to use a meter. Rock - that is what the statement says in a round about way. If the do is tasked to opine on those that are not SC'ed then the results would be that those not opined on are then by their own ommission of an opinion are service connected. This statement is normally used in case of a TDIU exam - they are trying to see if any non-service connected complaints are resulting in TDIU and the precentage of effect.

Purple is correct - If you are seeking an IMO then you need to see a specialist associated with the disability that is making you unemployable. When you get your C&P exam is will most likely be a generic doc at the VAMC.

I take 4000 mg of Gabapentin per day for Dejerine Roussy Syndrome due to my stroke. Now weight problems but it does make me useless in the thinking department. Couple that with the cymbalta, oxy and others and man o man what a day.

Mary what was the exact wording on the rating? Thanks

"But they have not forwarded the Monies that they discontinue from July 2007." Once taken they are gone until you can have the decision over turned.

-I think your rep is and idiot. Now if you were submitting a new claim I would agree with him/her. -Although your claim is with a rater that does not mean it is being rated at this time. Although the VA can issue a rating at anytime it normally takes quite a bit of time. -You submitting additional evidence is both proper and smart as it could mean the difference between a win and a denial on the issues at hand. -All of this is assuming that you have issues that have been denied and ready for BVA action????

There are required medical standards for 1811 series (Fed Law Enforcement) so there would be no law suite. As far as the VA claim an IMO is needed.

cg - why are you filing 21-4140's? Continued filing (yearly) is normally only required once TDIU has been approved. just wondering

Still my friend, I wish you the best of luck with this. Ricky

This procedure has been in place for quite some time now.

The VA (DRO, rater etc...) has to accept any evidence you submit and then weigh it. Now they may say it is repetative, does not apply etc...... But they gotta accept it.

1994 - a temporary file is maintained at the RO to handle any new claims you may submit. The RO still has access to your original file, HOWEVER, it becomes a jurisdiction issue once the file has been sent to the BVA. Once sent the BVA has jusisdiction over all issues on appeal and the RO can not services those issues. What does the SO mean by his hands are tied? He is supposed to still assist you in advancing your claim by helping with evidence, developing and presenting arguments for your claim during your BVA hearing. So I do not know what he means.

Just a small correction - a DRO is not a reconsideration. The DRO is a person, a senior rater within the RO who reviews your file AFTER you submit the notice of disagreement. There is no such process as you have described and no sixty day time limit. You have one year from the date of the original decision to file a notice of disagreement and ask for a DRO review. Once filed you will receive a notice from the VA asking you how you want to proceed. A review by a DRO is one option and the other is to continue with the traditional appeal. If you select the DRO avenue then you simply sit back and wait. Once you receive a DRO decision letter AND it continues the denial of claimed issues you will also receive a statement of the case. If you select the traditional process you simply sit back and wait and the RO will issue a statement of the case and no further review within the RO by a decision review officer will be done. Now when you receive that statement of the case THEN you have sixty days to file your form 9. A reconsideration is when you have NEW evidence to submit after receiving a decision. However, keep in mind it must be NEW and it will be reviewed by the same rater that made the original decision. 95 percent of the time if the rater determines that the evidence is not new and only cummulative they simply never respond back - some do some don't. That is why a vet can not sit around waiting on the results of the reconsideration until 11 months and 29 days before filing the notice of disagreement - the fact that you asked for a reconsideration does not stop the nod clock which allows you one year from the date of the original decision to file the nod. hope this helps

The reason for my hounding was the post indicated that the RO acknowledged the receipt of the NOD so they have it and the fast letter does not apply - they are simply claiming it was not timely filed. Now the post did mention some evidence sent during the one year period that the VA said they did not get. Yep the fast letter will fit in here. However, If the fast letter approach is used based upon the non-receipt of the evidence (as the nod was received), based upon how many requests for review are received by the VA it could take two years for Free's file to be reviewed. Now when reviewed what if they say still denied cause the evidence just was not enough to grant. Then you are back to the same issue of having to prove the NOD was timely, which will be no problem. Then you are looking at another 18 - 24 months of waiting on a DRO review. Therefore, what you have done to yourself by waiving this fast letter is added about two years to the informal appeals process. Just something to think about. The fast letter is something to whip out quickly if you are sitting around waiting on your DRO review that has just begun or if you were just recently denied in an original decision and do not wish to get wrapped up in the appeals process unnecessarily. Hope my thought makes sense.

Just n case you guys break down and buy the truck keep in mind that you gotta buy me one too. It's getting kind of hard hauling around Mrs. Clown and all the little grand clowns in the KIA...... On a serious note I second Ron's words.

come on tag, give the poor guy his 300 bucks, you know he has a car payment coming up hahahahahahahahaha

CG how are you? The below is correct. If you have a set of claimed issues floating around the VARO that is being reviewed by a DRO then you are in the informal step of the appeals process which was begun by you filing a notice of disagreement. There are two steps in the appeals process - informal and formal. When a veteran receives a denial on an original claim that they want to appeal they must first tell VA that they disagree with the decision. This is done by submitting a notice of disagreement. The NOD can be as simple as a letter saying "I disagree with your decision dated XXXX signed XXXX" or it can be 10 pages of reasons why you disagree with the decision. Bottom line is that all appeals must be begun by filing a NOD. So in vet terms you can call this action a NOD. If you receive a DRO decision that you disagree with then you will have to file the form 9 and then you are in the formal step of the appeal process. Your other claim in which you simply submitted additional evidence after the decision is referred to as a reconsideration. As has already been stated keep your eye on the calander and do not let the one year date slip up on you. Good luck with both.

Randall, not argue with you but there is much discussion on Hadit about AO claims. Berta is the primary push on AO claims. It seems to me that most AO discussions get started in the general claims discussion forum. jmho