john999

If it was me I would file my cue or 38CFR 3. 156 soon so you can hire a lawyer once you get denied. The VA does not want to give you 20 years of retro without a fight. The lawyer will know which avenue to take and the exact language to use. I did this with my cue and it is still sitting with a CAVC judge seven years later.

Thanks, Bro!

Yes, if you win the claim.

My old computer crashed a week ago. I was running windows XP. Now I bought a new Lenovo desktop with windows 8. I am having all sorts of problems. My printer and new computer with windows 8 don't seem to be on the same page. What other sorts of problems can I expect? A computer shop did a progression of my data onto the new computer and now I can't find it. Where the heck might it be? I lost all my email and all my programs. You can see I am no expert on this stuff. John

You can't die from tdiu for dic purpose so you want to see if there is some other SC condition you might die from while you wait for ten years to roll around for your death. I got tdiu in 2002 for mental. In coming years I also got sc for dmII. I could die from dmII and secondary conditions so wife gets direct SC DIC.

Are you able to work? This is a big factor in rating PTSD. I cannot believe the VA will eliminate the GAF since it is a bedrock of their system of rating mental health. John

You can cut back on your work. How much did you declare to IRS and SSA last year?

CUE claims are easy for the varo. No real research or records development since it is all there and cannot be added to or detracted from. Also is easy to say NO with the only justification that your claim is not a valid cue.......next!

Anything to do with AO that is not Vietnam "boots on the ground" or established locations the VA accepts is hard slogging. You have to prove the vet was exposed through documentation and perhaps witness statements.

Just download the form and send it to them each year without waiting for them to send you a form. This is what I have done for the last 5 years. This does not fix your situation now but it will for the future. Send it certified mail/return receipt. If you are not P&T you should ask for that when you get your TDIU back.

Cushman v Shensiki (2009) was one of the most far reaching claims ever to be appealed beyond the CAVC to the federal court. It established that vets have a property right in their claims. Cushman filed a CUE claim based on the VA's tampering with his medical evidence for TDIU. Feds agreed with him and his lawyer that he had a property right in his claim and was entitled to due process. However, when the smoke cleared after the Federal Court remanded the case back to the CAVC Cushman did not win his CUE. The CAVC said that even after proving the VA tampered with his evidence it was not outcome determinitive. He has TDIU now but he might have had it in 1984 if the VA had not tampered with his evidence. The VA rigged my rating in 1973 and now they are saying the same thing that even though all the available evidence was not before the rater it is not "undebatable" that it would have made a difference. Does the VA debate the number of angels on the head of a pin? John

If you get to feeling homocidal or suicidal check yourself into the VA. This does not show weakness. It shows you are acting responsible. If you hurt someone else you are screwed. The VA won't help you and the justice system sure won't help you. If you hurt yourself they will just write you off as another vet bites the dust and "oh, why did he do that?" "We take such good care of our vets". John

Yes, I think the DRO is good if you have new evidence. Myself, if I am going to file an appeal I am probably going to get some new medical evidence if I can. You don't want to wait a year of 18 months just to have them rehash what you have. However, I have won on appeal to the DRO without new evidence. You never know, but I believe in taking a second bite at the apple. John

You got TDIU in 2002 and then an extra 60% in 2012. According to Bradley vs Peake you are entitled to "S". I got TDIU in 2002 and got an extra 60% in 2008. I got "S" quoting Bradley v Peake. They called a CUE on themselves and I got two years backpay because I did not ask for "S" until 2010 because I did not know I was qualified. John

My experience is that under the current circumstances the VA never looks back at previous decisons if you ask for an increase. They just accept the fact of your current rating and try to find reasons to deny your increase. They don't have time or will to look back at what happened before the current claim. Now if you file a CUE that will look back to try and find a reason to defeat the CUE, but you are not filing a CUE just an increase. When I filed my CUE the VA did look back in desparate attempt to discredit my CUE but they couldn't because the can only look at facts of the CUE and nothing before or after. John

On really heavy duty claims with perhaps 20 years of retro I think the DRO lack guts. They kicked my CUE to the curb twice once by myself and once with my lawyer. Then I had to start the odessy to the BVA and CAVC. I have used the DRO to good affect on other claims, however. With the BVA you know you are going to wait 3 years or more. It takes the VA a year to certify you to the BVA and a year to impliment your BVA decision if you get a remand. Whey you wait more than 5-10 years for a claim you begin to feel your fingernails are being pulled out. John

Remember that just because you meet schedular requirements for IU, and fill out all the VA forms the VA may still dispute your claim for IU. I had 70% for one disability, and the VA denied my TDIU the first time saying that my SC disability was not the true reason I was unemployable, but that my reaction to pain medications were the reason. That took another IMO to get fixed and another 9 months with the DRO. John

It is a good thing a high time these benefits were extended. Florida where I live does not accept Gay Marriage. How would that affect someone who is gay and legally married in another state regarding VA benefits?

If you lose your job then put in claim for TDIU using official VA form. Regardless of your current rating put in for TDIU if you lose your job. They will use the date they get the TDIU form from you as the date of entitlement if they agree eventually you are unemployable. I put in for TDIU when I was 30% and had just lost my long term job at the Post Office. John

That is my experience as well lately. My PCP is good but she does not want to get involved in claims process.

When they say partial grant they mean anything less than absolute maximum benefit available. If she is unable to work then that means she might be able to claim TDIU or 100%. That would probably be a complete grant but maybe not. She might be able to claim SMC. If you think your wife is more disabled then appeal via BVA. You having nothing to lose.

I had the same sort of problem with DMII and PN. On my first claim the VA connected me for the PN of the lower extremities but not upper. I filed an appeal and I got the upper SC'ed. The VA neurologist said both feet and hands had PN and were SC,but some internist said "NO". I finally got SC'ed for all four limbs at 10%. The evidence was the same for the appeal.

You might just write the VARO a letter saying you have no more evidence to submit for your claim and that you are ready for the VA to make a decision with what they have. That is the essence of the VA form.

For anyone who has had experience with UCMJ then you know it is Kangaroo Court for enlisted at least.

Medical rationing.