john999

Stay in treatment at the VA so they can't suddenly decide you need a C&P 20 years from now. Even if you just show up once every three months and throw the meds away try and stay in the VA loop. This is what I believe. Some don't feel that way. I would also throw in a few complaints when I go for psychiatric visits. The VA is supposed to consider you for housebound. Did they mention housebound?

If the condition is chronic I don't think you will have a problem. If the condition was aquired as result of combat the military and VA is supposed to take your word for it. What kind of condition is it?

Are you rated for depression? I am thinking you should be total with possible SMC "S". For instance, if you have TDIU now this would get your "S" probably if it adds 60% to a total rating. Do you need aid and assistance to function these days? It seems you have more than one condition that would make you 100% or TDIU.

Stay in treatment at the VA or vet center so you can build your document mountain.

If the congressman is your brother-in-law it does help.

I don't want to put a curse on myself but if I win my CUE I will get 100% at the 1971 rate forward to August 30, 2001 when I got 100% rate from the VA. I don't even know what the rate was in 1971, but I will take it if I get lucky. I think 100% in 1971 was probably $1200 bucks or less. This is a clear win for the VA either way it turns out because I lose 30 years of potential interest.

It is possible for the military to med board you out and then for the VA to deny service connection. It goes the other way around as well. The military can kick you out for adminstrative purpose and then the VA can service connect you 100%.

Was the vet convicted of a felony? Was he found to be insane? I am pretty sure if the vet is involuntarily committed to a state institution it is up to the institution to provide health care. The thing about being sent to a state hospital is that the sentence may be up to hospital staff as to if and when they feel he is competent to be released. The Vet does not get compensation while in prison, but I am not sure about a state mental institution. The vet needs an experienced lawyer.

If you don't know the rules and regs when you file your claims years later the VA will be proud to quote how all this information was available to you and you failed to avail yourself of it. They will blame you for trusting them and the VSO's. If you filed a claim 40 years ago and find out 40 years later that you were screwed to the wall the VA will say you had a chance to fight this claim 40 years ago and you should have done it then when you were young and ignorant.

Even when you win a big retro claim the VA parcels the compensation out according to what the rating percentages were worth back in the day up until the present. If I understand correctly if you were to get 100% effective 1980 you get 1980 money up until the next cola and on and on to the present. It always is in the VA's advantage to deny a claim moneywise.

File an appeal to the CAVC and see how long it takes you. From the VARO to the CAVC has taken me about seven years with no end in sight. I thought I had an open and shut case, ha,ha. I may not live long enough if my lawyer has the guts to keep fighting in federal court if we lose at the CAVC. Can a wife pick up the fight in federal court if the vet dies along the way. I was looking at Philip Cushman and this guy has been fighting for 20 years on a claim were the VA altered his C&P file to defeat his TDIU claim. He has set precedents all over the place and his CAVC case was remanded back down the line where it may be denied all over again.

I think just about every vet who has a serious disability probably suffers from some form of depression. I would get a referral to psychiatry and get evaluated. Then as I build up some documentation I would file for depression. At one point I was taking morphine and oxycodone via the VA. If that does not depress you nothing will. Just the meds they give you for pain will depress you.

I was a postal worker suffering from chronic pain. I was taking vicodin about three times a day. It started to affect my moods and thinking. You are really not safe working or driving taking a lot of this stuff like I was. I retired on OPM, SSD and got TDIU. I did get fired and went through many months of anxiety. When you body tells you that you have had it you should listen.

Did you get TDIU?

According to VA's regs you can request a personal hearing at any step in the claims process.

The decision must be final to CUE.

Have you been to the VA's pain clinic?

If your decision was final you would CUE the entire decision based on the error you identified in facts as they were known. Where was the error actually made at the VARO or BVA? I have a lawyer who is doing my CUE.

If you are able to hold down a full time job that pretty much rules out 100% for any mental disorder.

How old are you? If you are over 50 and 80% you probably ought to go for IU since it will be difficult to find work if you could not hack your civil service job.

Have you taken Cymbalta for it?

If you have sleep apnea and you are not getting really good sleep this will cause depression. My psychologist told me this as did my sleep doctor. If you have any kind of chronic pain condition depression goes hand-in-hand with that problem. Medical problems that restrict your activites often cause depression. The meds you take for these problems also often cause depression. I am taking 90 mg of Cymbalta. This helps offset some of the narcotics I am taking. Pain meds often cause depression.

I would pick some place else than a VA hospital to do your volunteer work if you are 100%. Go to a VSO and volunteer. I would not go to the VA where they can see me walking around coping while getting 100% for depression.

When you get a rating of TDIU or 100% the VA either grants chapter 35 benefits (P&T) or they don't. You can appeal that denial via the NOD route. You want to include some evidence that your condition is static.

My CUE claim is almost 7 years old and the VA did not have to gather any evidence. All the evidence was right there in front of them. There was no need for a C&P exam. The only need was for someone to make a decision based on the evidence. In my case it is just about the money the VA does not want to pay. Any time the VA can delay paying a claim they are winning.