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HadIt.com Elder
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john999 last won the day on January 21 2019

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About john999

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    HadIt.com Elder
  • Birthday 01/09/1950

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  • Location
    Tampa FL
  • Interests
    VA law and history of the Blues

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  • Service Connected Disability
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    history, computers, reading

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  1. In Florida when you collect unemployment insurance you sign a statement saying you are ready and willing to go to work. That is not TDIU. I think it would help if you got your doctor to say you are totally disabled due to a service connected disability. He should specify the disability and how if makes you unable to work. What is your current VA disability rating? You need to build a case that your SC disability has worsened to the point that it and it alone makes you unable to gain or hold any sort of employment. This letter should make you eligible for SSDI as well. You need to crush them with evidence. I feel for you since I went through a similar situation. Are you eligible for Worker's Compensation.
  2. IMO it is just a given that you usually have to hire a lawyer to win a SSDI case. I was lucky with mine since my doctor had written many SSDI letters and knew just what to say and how to say it.
  3. I got SSDI when I was 52 years old. I had a doctor who knew how to write a report for SSDI that they had a hard time denying. Mental conditions are easier to win I think because they are hard to measure. If your shrink says you can't work will they get a shrink who says you can if you are TDIU or 100% from the VA?
  4. All I want to know is "Where is my money?" My brother got his on the 15th of April. I wants my money! I finally got a phone appointment with my doctor so I can get my pain pills. I called the VA for days before someone woke up and made my appointment. Lucky I hoard pills so I don't run out before the month is over.
  5. You know with CUE's you have to deal with the law as it was at the time of the CUE. So the 1973 CUE I filed had to be a CUE under 1973 law. This was a joke. The law in 1973 was "VA is always right". It did not matter that VA obviously did not review my most important evidence. The assumption was that they did review it. I had a very able attorney pled my case. The CUE rule about the CUE having to be so obvious that no judgement can enter into it makes it a clerical error. I do think that most CUE claims result in disappointment since the game is rigged. However, sometimes we prevail. I did one time when I just filed on an obvious issue that was almost clerical. Such as a misspelled name of being in the wrong war.
  6. I need my doctor to review my pain med prescription every month because if is an opiate. I can't seem to get an appointment and I am sent on wild goose chase. I will be calling all day today to try and get a Phone or Video appointment with my doc so I can get meds. The system has been completely stalled with my emergency plan for us vets. What about vets who need life saving meds like insulin? When I try to call my doctor I get phone call from some nurse who is working from home and promises me she will call back but never does call back.
  7. One problem I experienced with ancient Cue claims is the frequent changes to VA laws and regulations. A Cue I had filed was first denied under one law that existed in 1972 and then stalled for a year and denied under a newer law that existed in 1973. I believe a vet should file a Cue if justified. I filed a CUE going back to 1973. What is obvious today was a foreign language then. Such as not needed written acknowledgement of evidence received and the VA assuming that everything that could be seen as evidence was reviewed. Administrative law is such BS. Common sense is thrown out the window to protect vested interests. However, you don't know if your CUE will prevail unless you file it as a last resort usually.
  8. I would advise keeping your claim as close to home as possible. The higher you go the more complicated it gets especially if you have a CUE. I pursued a CUE all the way even through the court system. It took six years to lose but lose I did. Evidence is all. If you can get it reviewed at the VARO level they can give you all you need. IMO BVA...COVA means years of waiting and they shoot you down over technical matters.
  9. Just hearing your VSO via VFW say their computer is down makes me want to tell you to get another VSO. You need to visit these VSO's in person. My opinion of VSO's is that they are ok to represent you at a hearing , but you must supply the evidence and see that VA gets it.
  10. When VA asks questions about your claim it is much better than having them just deny your claim. Give them all the information you have now. Don't hold back for appeals. Don't decide on your own what the VA needs or does not need. Send them what they ask for if you have it. If you don't have it try and create it via your own doctors. VA is the one that decides on initial PTSD claims so you must give them what they ask for.
  11. Also if you suspect malpractice get an autopsy. VA does not do them for free I understand. They bury their mistakes.
  12. Berta knows more than 95% of lawyers about 1151 claims. She has beaten them up so bad they turn white when they see her coming. If Berta could give you some tips that would help. She is very busy but she knows her stuff.
  13. With the VA you want to think long term. Set yourself up for more and greater disability compensation if you can. You never know just how disabled you may become. I have DMII. I think it will progress. I am hoping it won't but the day I have to take insulin you can bet I will ask for an increase, because that affects my life.
  14. These claims are a heavy burden for most spouses except Berta. Can you shop around for a legal eagle to help? The lawyers generally don't work unless they can collect via some kind of wrongful death or malpractice. I did work at the VA in 1984. I saw some shocking things. I transferred to the USPS. The people working at the VA at that time were idiots. They like to practice on old, sick and poor vets who were just looking for clean sheets and a warm place to die.
  15. If money is involved I would appeal. I got P&T and as years went by I claimed a couple of SMC's including Housebound. That is an extra $400 tax freer which probably is $600 taxable. Get every penny you can from the VA. If you don't get it someone else will. If it just means another 10% I would not worry. You are not being greedy if the VA owes you.
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