john999

I think the more objective tests you get the better. The heart cath is king, but it has risks as you know. The VA gave me an echo, then chemical stress test, and then another echo as part of the same test. This is the way it should be done I think.

You need an independent medical opinion. I was accused of faking it after a mental health exam. I went out and got some opinions of my own. I got my money.

He had an opportunity to represent me on the condition that resulted in the "S" award, but all he wanted to represent me on was the CUE claim that involved my original rating in 1973. This is the claim that involves the real payoff and the only one I have ever discussed with him. He has represented me on this 1973 CUE since 2008. If he makes a fuss I would probably pay him something since he has worked for me. I got all the "S" money since I filed for it and provided the Fast Letter dealing with Bradley v Peake. He does not even know what that is I am sure. I suppose I should have let him file the "S" for me but it was so clear and so easy for me to do it. I never considered my lawyer in this, but he may say something to me.

I got the paperwork today on the VA's decision on my SMC "S". They called it a CUE. I guess it was a CUE since they should have granted the SMC when they became aware that I was IU plus 60%. I did not claim it as a CUE. They sent a copy to my lawyer who is doing my CUE going back to 1971. I think he might get mad that I cut him out of this, but it was my money and I did not need him since this was not an issue we were dealing with at the time I hired him. Get the CUE claims out since every IU vet plus 60% has a claim. You know before this I had IU plus 5 ten percent ratings. It was not until I got 60% for the heart that I got the SMC eligibilty according to the VA. I am way over IU plus 60%. Do you think my lawyer has legitimate gripe? He is taking my first CUE to court.

I think you don't get money because it is SMP and not SMC. If you had a NSC pension then you would get extra for the SMP. Since you get 100% SC and the reason you are HB is for NSC disability you don't get the money. That is my guess.

I became eligible for "S" in July 2008 which is about the time of Bradley. I got about 27-28 months of retro according to my calculations. I don't know if it will be retro before Bradley. In my claim I claimed from the date of eligibily.

Yes!

If you can't work due solely to your SC disabilites then you should file for IU.

If it means ten years of retro it is something to think about and research.

It does not even denote combat status. I think the default is (1.) Unless you make an issue of it you get a code of non combat injury because for VA purpose it does not matter.

I think my lawyer is waiting to see how my case pans out since he told me if he could not win my CUE he would never do one again. His name is Karl Kazmierczak at 201-337-7704. He is in New Jersey. His wife does claims as well.

Have you called ChampVA and talked to them? I don't know how they could say she owes money before she qualified for part A or part B. She probably needs to get part B at some point. ChampVA should go after medicare. This gets complicated.

Berta Yes, this was Bradley v Peake. I sent in my claim and sent a copy of the Fast Letter with it. I fit the profile exactly, so there was just no question about a matter of settled law according to lawyers at NVLPS. I have not got the letter yet, but what else could it be since then only other claim I have is a CUE that is going to the Court of Vet Appeals and that is for much more than 8K. I was pretty shocked when I saw my bank account. Usually, I get the decision letter first. The regulara VA check won't hit my bank until 11-01-2010. I wonder if the new amount will be reflected in my new check amount this month? I am pretty sure it will. I phrased my claim as a request for the statutory benefit of SMC "S". No mention of housebound or any of that. I talked to Phil and Teac about that format. So this must be an indication that people here are going to get paid.

If there is any chance that these issues could still be appealed in the traditional way that is much easier than filing a CUE. CUE standards are very high if there is an iota of doubt. I hired a lawyer for mine. Anything that comes under Duty to Assist rules out a CUE.

Some are going to get even bigger checks.

Did you ever fill out the TDIU form? The way it stands I don't think you can get it. If you had applied for TDIU when you got 70% and then got the other ratings you could have gotten S. You have to be total plus 60% to get statutory S. You can still get S if you are housebound.

I just got a check for $8200 bucks from the VA for "S". That is all it could be since I knew they had finalized the decision. This would be two years of retro for "S". That is the fastest payoff in history since I only sent in the claim about 5 weeks ago. I checked my bank account. I have not gotten the letter yet, but I think I will get it today. Hot Damn!

If you have 100% plus 60% you get "S". You don't have to have IU to get "S". S pays $295 a month. What is your exact rating including all SC conditions?

I think the VA rejected your request for Voc Rehab because you are P&T. They don't want to spend money on someone who will never work again because it is vocational rehabilitation. Do you plan on going back to work after V.R.? Can you be rehabilitated?

I got a earlier effective date based on a hospitalization. I don't know if the report of conditions not claimed on a C&P exam could be CUE. That may be a bridge too far.

The point Berta makes about the VA only accepting PTSD DX from a VA doctor is bad news. This was supposed to make it easier. Right! Anyone heard of Adjustment Disorder.

Are you 100% P&T?

If I got into advanced appeals I would go find an expert to help me. If you get into legal issues it is good to have a VA lawyer. If your claim fails at the BVA you need a lawyer to take your court case. You want your claim to be perfect when it leaves the BVA for the Court appeal. My question would be if you had a legal problem and needed to go to court would you go by yourself or would you get a lawyer. The guys in jail tried to do it by themselves.

When you get to see a PCP at the VA you must tell them your pain is a ten on a scale of one to ten. Ask for a referral to a psychiatrist and to the pain clinic. Most who are in chronic pain suffer from depression as a secondary condition. My back is very painful but does not look that bad on an MRI. When they tell me all that BS about objective problem does not match subjective complaint I say pain does not show up on an X-ray.

Pete992 If the review does not work ask for a personal hearing.