Ricky

James, just curious - does the VA match all vet records with the IRS or only those that draw TDIU? Thanks

Systematic Technical Accuracy Review (STAR) it began somewhere around 1998 I believe. I think the original intent was to create a new team within the national Comp and pen section in D.C. that would only conduct STAR reviews and would not be responsible for processing claims therefore they would not answer to any management official that held responsibility for processing claims. It must not have worked out cause now it seems that STAR reviews are simply conducted by an office that does not answer to the RO management who originally decided the claim.

James in the world of pain the stress of some physical disabilities will cause what most doc's refer to as the "pain in your head". It is usually a referred pain in that it will display itself in another part of the body such as back, belly, legs etc..... it is a psychological condition due to the stress of another actual disability - hence the 9422 Pain disorder rating. I do not understand how it could be awarded from a simple C&P exam as it normally requires a battery of tests to rule out true physical conditions such a arthritis, cancer etc......... The true terrible pain etc from the migraines could be causing such mental stress on the mind that it causes a referred pain in the legs etc which becomes chronic and disabling itself.

Same here I keep mine by condition. Every transaction and piece of paper pertaining to a paticular condition is in one folder, chrono. I also am currently copying each of those folder into a PDF and filing on my computer and backup drive. Wow this is just our personal folders - can you imagine what the VA goes through since they are not computerized????? It is a shame they do not get up to speed with the rest of the world.

If you are speaking lawsuite then your best source of information would be an attorney who specializes in claims against the U.S.

As James who is an expert said not strange at all. The claim for the EED would establish a new claim in the eyes of the VA and must be adjudicated at the RO level. Trust me no one at the RO is afraid of sending your file to the BVA. Sometimes vets will get two or three DRO decision. Once you file your VA Form 9 your folder is maintained by the appeals team. Every time you submit evidence it goes to them if the file has not been transfered to the BVA. And Every time the evidence is new and not redundant the DRO must review it and issue a decision, either an award or a SSOC. This must be done before he/she can certify your claim to the BVA. Keep in mind that even when you appeal to the BVA your folder is maintained in the appeals section at your local RO until the BVA asks for it. The BVA does not normally maintain files. That is why it is to your benefit to attempt to gain new and material evidence on your claim even if you are waiting on a BVA hearing. If it is truly new and material to your claim a set of eyes at the RO will review it.

PoolGuy is on the right track - obesity is a symptom of a medical condition as is an eating disorder and would probably be considered to be tied to a mental condition. So if one developed an eating disorder in service then obesity would be a symptom which could be used as proof of an actual disability. More than likely you would have a rating of 9434 or 9435 (depression/mood disorder) as a lot of people who have depresseion either starve themselves or they use food as a crutch and over eat. Even if it is tied to medication it is still not a disability however it could lead to DMII or heart trouble. At that point you could fight for a rating of the disability of DMII or heart trouble claiming it secondary to a medication that you take for a service connected disability.

Still you should strive to be happy all the time! hahahahahahaha on the claim either of the three is a possibility.

Delta - M21-MR is an operational guide for the rater. Very little of it is statutory in a legal sense. However, there are cases at the BVA in which the veteran has proven that certain parts were statutory/regulatory in nature. So it's kinda hit and miss

They are pretty strick on the age 26 cutoff. My eed was the 22nd of January. My daughter was was for two years prior to that date turned 26 on the 21st of January. Her claim was denied as she was age 26 when she applied!!!!! Well I tried - their statement says up age 26. I just an old redneck and interpeted "up to age 26" to mean anyone 26 and below. Never hurts to try!

Speed is not in the VA vocabulary - sorry

This is a good point. Also I would try my local utility company first Vs getting a loan to buy one. At any rate installing a new one regardless of how you get it will be better than the utility bill you are going to get from running all of those small ones plus the oven at 400 degrees!!!!!!!

Rock - the only responsibility of the VA is to fully explore your claimed issue and any secondary issues that may arise from it ie a claim for DMII. If you have a rating for a foot injury (prior rating) and you ask for a relook at a head claim (or request a new rating for a head injury) then they are not required to relook the foot injury claim. With that said in many cases they will - as evidenced by reduced ratings on previous claims. They can legally look at any rating you have anytime they touch your file. But they are not required to - that is your responsibility.

But you just gotta love them. When I reported for my C&P for hypertension my BP was 134/243. They refused to conduct the C&P until I walked over to the ER and saw a doc. I did so - he gave me meds to drop my BP down to 110/200 and sent me back to the C&P clinic. They then told me that they could not conduct the exam since I missed my time slot and that one would be rescheduled. The VARO denied my claim due to I failed to show for a C&P exam. Now if that had not been so damn funny I might have blown a gasket hahahahahahahahahahahahhaha. Took me three years to work that one out. Yep God bless the Birmingham VAMC! I was young to the system at that time. If they tried that crap now they would probably have to pry my one good usable hand from the door knob at the C&P exam clinic before they could jail me.

Just take their advice and have yourself checked out.

I am not a VN vet but I think it is all politics in which the vet is used as a pawn to obtain votes. Back in the day the political parties who supported the war simply watched the reaction of the public. As we all know Jodie back home was not very supportive of the war. When the politician saw this he/she had to find a way to maintain that voting base so they fell in line with the baby killer screamers and had to turn their backs on veterans - they fought and found anything and I mean anything to blame the service member/veteran for. It was politically correct. Today the attacks of 9/11 fueled the fury of the public and the thoughts of lets go kick some ass. The political parties saw that and seized the opportunity to attempt to maintain that voting base (off we went to iraq and afghan). The overall cost of such an action was never placed into the forumla. As the vets returned they were thought of as hereos due to the attacks on our soil and the American public demanded better treatment. Once again the political parties seized the opportunity as is evidenced by "head of the line syndrome" special processing of claims, news report upon news report of disabled veterans etc - (the only news reports of Vn Vets was the preceived drag on and erosion of society). As we go along, we as Americans lose interest real quick - so we are now in a period of stop the war, pull out etc..... you will see very quickly, that once again the politicians will seize the opportunity to gain the support of that voting base - and when they do the Iraq/Afghan vets will be tossed aside like a pile of trash - it will be the politically correct thing to do.

Time not arguing but maybe patriotic economically disadvantaged young men and women

I tend to agree with Bob in that it is just human nature that when someone says "I'm not saying" tied to "I'm not suggesting anything" that is exactly what one is doing. They are attempting to implicate the subject of their writing in a wrong doing or conducting an act that is not accepted and then suggesting to the reader or target of the piece that they should agree. This is normally done by those who have a hard time with conflict and want to still get their thoughts out into the open air. Most do this when they simply can not handle the flak they know they will get from the accusations. It kinda lets them take it in the side where they feel they can deflect the results and further mitigate their statements. You see it a lot in politics of with the neighbor next door.

If you are P&T and she qualifies for CH35 benefits the total payment will be 925.00 nothing else. It is up to her as to what she does, pays for. Check you state vet site as some states offer a two to four benefit for the spouse and children of 100 percent disabled veterans. These benefits normally equate to payment of full tution and books at a state funded/approved college. This state benefit will be in addition to the VA payment of 925.00. So if the state offers such a benefit she/they could get full tution and books paid for by the state and still receive 925.00 monthly from the VA. Not a bad deal!

This statement does not help either: "Along with my files a letter from my doctor stating that I could not work full time and no substancial, gainful employment" I assure you that no matter what your doc said about "substancial, gainful employment" he/she left the freeway open to the fact that you could work part-time in which I promise you that the VA will consider "substancial, gainful employment".

You are a chapter 61 veteran (medical retirement). If you did not have over 20 years in service you are not eligible for CRDP. Therefore, they will recoup any retirement pay paid to you begining the first day you were paid VA disabliity. So they will go back to Aug 08 and take back the 1061.00 they paid you and will continue to withold that amount. You should be ok as the 100 percent rating will pay you much more than the 1061 in retirement pay (approx 2600.00 per month) however, keep in mind that they already paid you at the 90 percent level during that time period so it should look something like this: already received from the VA 1604.00 + 1061 from the army = 2625.00 Now with the 100 percent rating you should have received the disability pay of 2673.00 minus the 1061 army pay = 1612.00 plus minus the va disability pay you already received 1612.00 - 1604.00 = -8.00 (THIS IS NOT AN EXACT CALCULATION!!!!!). So the over payment should not be much (approx 8.00 x the months from Aug 08 until they began withholding your retirement pay) Now my question is why in the heck have you not applied for CRSC yet??????? It is approved from the date of application so you could be just throwing money away if you are eligible!!!!! So when the wash comes out you will be receiving 2673.00 per month plus any CRSC you are approved for Plus any SSDI pay IF YOU APPLY.

NORMALLY, once the results of a C&P have been received by your rater the decision will follow within 30-60 days. Notice I said NORMALLY - there is really no firm time line on any thing done at the VA.

Could you please provide what the doc used as a nexus for connecting your SA as secondary to your back injury? Thanks

hahahahahaha that's a good one but true. Plus I love this state

A disability claim is not preceived by anyone in the government as a claim for earned benefits - it is always considered simply as a damage claim against the United States. Then mind set in settling it is the same as any other damage claim that ANY citizen files against the U.S. --- that is get out of it if you can, if not then settle for the least amount possible. It is a sad fact but it is a fact of life.