john999

The VA regulations used in a CUE are the ones that were in effect at the time of the CUE. My CUE occurred in 1973. Between 1972 when I filed the claim and 1973 when the claim was rated the rules for rating my disability changed. This caused a remand when my case finally got to CAVC because the BVA had used the 1972 rules to deny my claim. So my claim was shipped back to BVA, and they used 1973 rules to deny my CUE. This took an extra 18 months. Time does fly when you file a CUEl. Decades go by while you wait. At the VARO level where the CUE actually occurred the VA went on a wild goose chase to try to find a reason to deny. They jumped ahead 17 years to a C&P exam that denied an increase. I had to remind the dimwits that they could not add nor detract evidence from the 723-73 record. They just denied the claim anyway after I had written this nice brief with a bunch of citations. No VARO is going to stick their neck out and be the one who pays some old vet 30 years of 100% retro. They just pass the buck to the BVA who passes it to the CAVC. I imagine it will be remaned back to BVA for some reason and we start all the way back to the VARO one day.

Midnight Did your father die from service connected condition? I think one thing the VSO's and vets should do is to get the ten year time frame for 100% vet's spouse to be able to get DIC reduced. 3 years or maybe even one year would be a better time limit to have to be married for the spouse to get DIC. For example, two mature people of age 65 and 70 find each other and get married. Making the 100% vet spouse wait ten years to get DIC is a hell of a long time for someone 65 years old who may not be in all that great of health. The 70 year old 100% vet has a slim chance of making it to 80 years old. What happens is the elderly spouse is left high and dry with just some SSA and a flag. I know the VA does not want 90 year old 100% vets getting married to an 18 year old Barbie and then kicking off 6 months later leaving 70 years of DIC to be paid out to the young thing. How often does that really happen. My Aunt's husband died in 1939 of SC condition. My Aunt got DIC until she got married again because she was pretty young when she became a widow. The VA punishes thousands of spouses to make sure one spouse does not get over on the system. John

You have to file the CUE and identify where it was made ...at the VARO for instance. You need to specify exactly what the error was and when and where it was made.

If you are going to ask for reconsideration you should have "new" evidence. I think you should have a medical opinion that you cannot work solely due to your SC conditions no matter what direction you move.

Nlualum I would not drop my private insurance until I had medicare at least. You sure don't want to depend solely on VA for all your healthcare if you have a choice. The VA recently denied me a certain drug I needed based just on cost. I can use my private insurance to get the drug via mail program for a low cost. I have medicare and BC/BS from OPM. I am not dropping this insurance. Now for my wife I do think she could do without BCBS once she gets medicare because she has ChampVA . FEHB is just about the only good thing the feds provide for retirees. My FERS pension is a joke.....$1200 a month for 30 years all taxable. I make $600 a month more from SSD than I do from FERS. I make almost three times from VA compensation than I do from FERS. FERS provides decent insurance at a reasonable cost and that is about it. John

Midnight My probate lawyer for my Aunt and my mother told me that they would get VA A&A benefits and/or DIC. They did nothing. I got DIC for my Aunt. I tried to get A&A for my grandmother, but her husband's records from before WW1 were "lost". My mother's benefits should have been A&A since she died in a nursing home. My father's records from WW11 are also "lost" but I have his discharge papers. The VA stalled and stalled and my mother died before her claim for A&A could be processed the VA told me. Of course, they are prize liars. I believe many spouses get screwed out of some benefit by the VA just waiting them until the elderly spouse dies. I do think the VA may owe your mother's estate something if she was eligible for DIC. Since she passed away without filing for those benefits perhaps you could file on the estate's behalf if you have some standing such as being personal representative for the estate. I just wonder why DAV or VFW does not roam nursing homes getting benefits for elderly spouses since many of them were married to vets? I think it is the fact that elderly spouse is not likely to join DAV or VFW. These orgs have VSO's roaming VA hospitals signing up in-patient vets for benefits (and membership).

Tbird I am not that swift with having to deal with new media and new tech. However, the problem is usually some little kink in the system that nobody can diagnose until you have pulled out half your hair. I buy some product and use the instructions but there is a misfit between systems, and they just won't shake hands. I have gotten to the point where I don't want to buy new tech because I know I will suffer for days while I try to figure out why this "simple" system won't work. John

Does your wife have medicare?

20% retro is well worth it if otherwise you face 5-15 years of runaround at the VA. If I could have hired a lawyer who would have given me some guidance 20 years ago I would have gladly paid it out of retro. When I found myself in over my head in CUE claim I immediately went out shopping for a lawyer. In my original CUE the VARO just ignored all my arguments and citations to CAVC cases. The VA just said "NO, there was no CUE". I knew I was going to need a lawyer because I knew my case would never be decided at lower level where CUE occurred. John

I got it fixed. Netflix had a problem with imputing my email address. It was a mechanical clerical error that drove me nuts for two days. I could kill them if only their was one head to chop off. It is the whole impersonal system.....damn! I figured out the problem. Netflix nor my cable or roku would have ever fixed it.

I am using a Toshiba. I have Sony Bluray that is supposed to work with Netflix, but so far it doesn't. I have a cable network for the TV. I can stream movies to my computer no problem, but when I try streaming to the TV I get all kinds of problems with passwords and email that does not match. I spent hours on the phone yesterday with my cable co. , Netflix and even Roku trying to figure out what is not working and they just make it worse. Yes, I stream wireless because my wife has a laptop. This is bugging me since I don't get out that much. I used to be able to resolve my computer problems but not there are so many other players I can coordinate them all. John

You can suspend your FEHP but if you die while it is suspended your spouse can never get it again even is she is bona fide survivor. I have medicare and BC/BS via OPM. My wife has FEHP now and ChampVa. When she gets medicare I am pretty sure we will suspend FEHP and just keep ChampVA. Family plan for FEHP is expensive and not necessary if you have ChampVA. I will keep the medicare and FEHP for myself. I don't intend to depend just on VA if I can help it. When I look at my VA hospital I see a charity hospital with a bunch of rules that just bust my ^%%$#$. John

I have Netflix and I wan to stream it to my TV. I have a Roku and I cannot get Netflix to stream to my TV so help me. I called my cable co. , Netflix and even lousey ROKU and I cannot stream to my TV. I can stream to my computer no problem, but I want to stream to my big screen TV. ROKU wants to charge me fees just to talk to them and Netflix blames ROKU and Brighthouse my cable co. just sends me round in circles. How hard can this be? John

If they did not finish your claim due to no fault of your own then your claim is still open and you might be able to get an EED.

Yes, the fraud against vets tops the fraud vets do by a mile. 100% compensation rate for a vet and his wife is below median family income by $10,000. If our compensation was increased by 50% next week it would not be enough. We went for a couple of years with no cola and this year just 1.5%. I can tell you that my bills for insurance, food, gas and all the rest did not go up just 1.5%.

I have some investment income and taxable pension income which pushes me into having some of my SSDI taxed. I really hate this. Just because I get lucky and my investments throw off some income I get a tax bill from Uncle Sam. Oh, well, at least I make the income even if I just reinvest it.

If VA doctor or private doctor said I needed a major surgery or any invasive procedure I would get a second opinion. I have found the VA rules to be confining and inflexible especially on scripts. I just don't trust them to do any procedures on me. However, I get drugs there for many things. The dental at my VA Hospital is poor. They denied me an implant I have paid for it myself. I think they should outsource their dental. Their regular dentists do everything from filings to root canals. No specialists.

On Ebenefits it says the VA is waiting for third parties in form of 5103 Waiver Review. It has been overdue for 6 months. I have called the VA and given sworn statement that I have no other information. I have sent them a sworn letter (Statement in Support of Claim) swearing I have no more evidence and to decide my claim on what they have. Nothing changes on Ebenefits except date for completion of my claim extends. I have sent IRIS. Is the VA just not together on this? This was supposed to be FDC.

I would wait for the official word, but it sounds good to me.

The VA always seems to under-report the conditions of their vets concerning mental health issues. I don't think it will really hurt you as long as you don't get physical with the shrinks. Are you able to work? If not I would apply for TDIU based on your 70%. Being paranoid is part of PTSD. Unless you ask for your case to be reviewed I doubt the VA will do it on their own. It is better when dealing with VA shrinks and psychologists to be non-hostile. You want them to be sympathetic. Many are not very professional and don't respond well to hostile vets. You can and should complain about your symptoms but don't act as if your treating doctor is the enemy. It won't help you. Better to be the humble but screwed up vet than the hostile vet.

If you send in one shred of new evidence with your appeal the VA will use the date they got the new evidence as your new effective date for the increase. I don't know how this is proper but that is what they do.

Is there any concise handbook for survivors (DIC etc))? This information should be in one place. If I croak next week my wife has to apply for OPM survivor benefits, SSA survivor benefits and VA survivor benefits. I do have money stashed for her while she gets my estate probated. All my IRA's and investments have her as beneficiary. We share a bank account and house is in both our names. If you want to keep you tax exemption for your spouse your property must be in both your names when you die. Most of this stuff is on the Net, but I wish I had handbooks. John

If you were granted SSDI for solely SC conditions that is strong evidence of TDIU. I think they are just playing with you to see if you will give up. I think you will win your appeal/Reconsideration. They denied my TDIU also the first time. I got some new evidence and won at DRO.

Maybe an IMO for Dr. Bash might be the only way to get OSA SC'ed if you have no record of it in service. OSA is probably due to weight gain.

If your rating says "entitlement to Chapter 35 benefits" you are P&T.