Ricky

How come now when I log in I only get the original post and the responses all have to be opened one by one. I want the old Hadit back. I do not have time to sit and open responses one at a time. thanks

Things that make you go hmmmmmmm. Wonder what they plan on running up the flag pole? Make sure you hold no tight as we bend over hahahahaha. My opinion on this guy is he was the veteran anti-christ and should be held accountable for his actions. Some say he was good - good for who? You have to realize that in all situations no matter how evil or hell bent on destruction the leader is some good will come regardless of who is in charge. Look at Iraq - you will still find some there who claim things were better under Sadaams leadership. At any point the disabled veteran community is a varied community with all kinds of people in it. You are not going to make all of us happy all the time no matter who you are or what you do. However, antics of this guy, lack of knowledge, party line toting etc..... was simply too much to handle. Under his command approx 96 percent of the veteran community was upset all the time. That percentage is simply just too high no matter who is in command. If he is on this Washington whoopi list he needs to be looked at closley. Power corrupts and the D.C. area is full of power. If he is on the list I would betcha my entire VA disability income that he used his office, gov money or other facets of his office to stay active on the whoopi list. Wait a second my appeal has been sitting at the RO for over 36 months without movement - hell I can't bet something I do not have can I!!!

Effective treatment does not equal 0 percent. If it did we would all be in a hurt - take DMII with insulin, proper diet and excerise it can and is controlled. If it is controlled then should your rating be reduced? Same with Hypertension. If you have fibro that affects the various body systems then your rating is based upon that fact and not the fact that one is using a treatment which has it under control.

Free is right - it really depends which state court you are playing. Your attorney should be fully aware of such rules. If not I would look else where for legal support. Good Luck

Mike filing one has nothing to do with the other. If a veteran is disabled and not working then they should file for SSDI asap. If you waited on VA you could lose thousands in SSDI payments. Same the other way around.

After re-reading the bill I agree with Sledge - it is a 2008 "look what I tried to do for the poor veterans" re-election push.

Jerry you got a special gal there. Make sure she gets the medical treatment she needs asap!!!!! We all will be praying for her and you.

I just wish I understood it! Does this mean that a veteran who is rated 100 percent via ratings such as 70, 20, 50 (or a combination which adds up to 100) is auto qualified for disability? Don't seem right if this is the way it reads as SSDI is based upon whole or nothing. If it applies to a TDIU rating then I can see it. If it is based upon my first thought then we better watch our cause they may be saying if you are 100 percent then you will file for SSDI - If you do not then you are not 100 percent (VA). This would could out vets who have a combined rating of 100 percent and still work!! They might just be trying to be sneaky on this one. jmho

If you are talking about the one time payment for a 10 percent disability then no. The disability commission has recommended against such a payment. All of the national vso's are against such a payment due to the fact a 10 percent disability today could fester into a 100 percent disability 15 years from now and the vet would be kinda screwed.

It is not divisible - HOWEVER, it is included in the income work-up to reach the final award of child support or alimony. So even if it is not divisible a veteran can lose part of his/her disability during a divorce. Once the court awards child support or alimony the court could care less if you have to use part of your disability to pay it.

Stay married!

He put in the report "fibromalgia ??". This is a questionable diagnosis. He is unsure what is causing your pain. You are going to have to see another doctor and receive a firm diagnosis before you will be rated for Fibromalgia.

Elliott - Welcome to Hadit. Just a little more information is needed before one of the board experts can assisst you. Were there any other incidents during service in which your BP readings were high? Were these incidence recordeed? What were the readings at your ETS physical? Did it develop into a medical condition which required you to take medication within a year of your ETS? What are your other VA rated disabilities? If you were placed on meds within 12 months of your ETS then it might be a fairly easy issue. Based upon your other VA rated disabilities it could be a secondary medical issuse which would warrant a rating. Others will be along shortly to give you some assistance.

Vike could you please put this in plain language? The way I read it is if you do not file in that first year then when you file you will have to wait a year before payment. Is my interpertation correct?

EASY 121212 - Vike is one of the most knowledgeable people we have on this site and he is only trying to help you. You did ask a question and he provided the answer by informing you of the rating requirements for your situation. Unless you can take some type of action for poor medical services it appears that the VA has provided you with the correct rating on your back disability.

Please let us not start combat -noncombat thing here. A veteran is a veteran. Infantry man or club custodian we are all the same. I have seen it on other sites and it simply defeats the purpose of a site as it only results in arguments. Welcome aboard and we all look forward to hearing about your follow on experiences with the VA and any advise you may have for all veterans. Thanks for your service and I am glad the VA took care of you as quick as they did.

The VA can schedule an appointment at anytime regardless of your status. If one is scheduled just make sure you attend it. If your disability became static, which is what your P&T status should have been based upon or gotten worse you do not have to worry about it. Remember, at this time absense of treatmentment does not equal no disability. Thet may not have received your employment (or lack of) forms which prompted they request for examination. I would check with the RO just to see. If they did and still want the exam no big problem. If nothing has changed just sit back and enjoy life without worry and all will be ok.

I think that is what the clothing allowance is for. With my AFO I have to buy two pair of shoes in order to get one good pair. Size 9 on one foot and 10.5 on the other one. Most good diabetic shoes cost around 150.00 a pop so I end up spending around 300.00 for a pair of shoes. I have been told that there are some companies that will sell mis-matched shoes but I have not found one in this area.

Cue as has been determined by the court is a legal issue and not a mere interpertation of medical evidence. Although one can be successful on a cue it is a very high mountain to climb. I am sorry but I do not see a cue here and your only recourse is the BVA with several IMO's supporting your claim.

littlejuniata-You will need a current IMO, either from the VA Doc or a Civilian Doc that states the botched surgey resulted in ................. In other words for a civil suit, as Berta said, you will need a cause and effect letter from the doc. Has the Va Doc stated or documented that the surgey mistake is the cause of your arm, breathing etc.problems? For an attorney to accept your case it must be winnable. Cases that are won in civil proceeding are ones in which someone did something to you that resulted in a disability. If you have that then an attorney will more than likely take a look at the case. Listen to Berta as she is probably the best expert in this area as she has been there before. Good luck.

Seems as though these are standard questions they must know to see if you have a claim. -Have you been in the hospital in the last five years due to the va mess up -How has the va mess affected your income during the past five years and how many dependants were also affected. -And a current IMO which comments on the va failure and the effects on you because of it. If you want to continue the tort claim them you will have to provide the above. It will cost you for the IMO but if there was a va medical failure and it has negatively effected you then only you can make the decision. The only problem I see is you are going to have to pay for the IMO before the attorney will even provide an answer/decide if the claim is worth pursueing.

Just keep in mind - whatever you do the time line continues to tick. DO NOT MISS IT. File the form 9 list everything you feel was missed and or not rated properly. If the missing issues are being rated then you can ammend your form 9 later and remove them. No matter how much communication or how many reconsiderations you file the time line still ticks - that is the law. The only way around this is if you have a signed paper from the RO giving you an extention on the time line.

Beware of the offset. If you continue your SSDI claim and finally win the effective date of the SSDI could cause an overpayment of your FERS disability retirement. I do not know just how this works but it happened to a friend of mine. He finally won his SSDI claim and it went all the way back to the date he filed the claim which caused the overpayment and some financial troubles for him. Just something for you to check on!

Yep you have plenty of planning time. I would assemble all of my evidence and make an outline for the hearing. The outline will keep you on track and help to insure that you do not forget anything. Try to keep it simple by using a bullet format so it does not confuse you during the hearing. You will find that the bullets are all that is needed because most of the information to be presented is well in-grained into your head.

khardbored - The back is a given per the BVA decision. I do not think you will see it on the 1st for as Pete said it has to go back to the VARO so they can figure out how much back pay to pay you. The VARO (VA Regional Office) is the office in your state where you filed your initial claim. I would think that your back pay should be paid by the end of July 07. If it is not received by then I would start calling the VARO via the 1-800-827-1000 number and ask them what is going on. Congratulations my friend!