john999

I have read over and over that a good percentage of soldiers in the combat zones are on prescription drugs for sleep disorders, anxiety and PTSD. Who ever heard of such a thing? They send these guys back on multiple tours until they just break down and then they send them back. No wonder they are killing themselves. They can't find enough young men to volunteer to sit on a mountain top in Afghanistan and get shot at so they just send the ones they do have back again and again until they snap. How bad is FT. Hood? The army bases I was at were all bad. You can't have a normal life since you are often 100 miles from civilization and locals will have nothing to do with you. If you are married you are deployed all the time so that goes down the drain. What a life for a young man or woman. I can't understand why they reup except no jobs on the outside.

You probably ought to just try for 100% schedular. If you get any kind of TDIU you won't be able to work and collect. I am 90% IU. It is very hard to get the last ten percent.

No, I don't believe it will get better. Lying at the VA is just a national custom.

I think it happens at all VARO's. This is how they wear you down.

You know I can't really see the difference between a vet who gets 70% IU for PTSD and a vet who get 100% for PTSD. Both are unable to work. I know 100% says total social and occupational disability. The difference between people who are just unwell and those who are totally disabled is always the ability to work. Plus if you get SSD for PTSD should not it be just obvious that this person is 100%. I know the VA has gone back and forth on this in the past 20 years. I just really understand the concept of TDIU for a mental disorder as opposed to 100% schedular. I think the VA just plays games with this concept.

Right, Bill, if you feel something is wrong check on it. All that can happen is you get told the truth, maybe.

There is NVLSP which is the name of group of lawyers who are certified to do VA claims. They are all over the place. It would be good to find one close you could talk to face to face but not necessary. You have to somehow bring heat on the VA to make them obey their own rules. This can be a task since they often dig in their heels if they think they have you in a corner. Nice guys. I think you have the evidence and law on your side, so don't give up. It means a year of retro.

The DRO Hearing will be very informal. The benefit is that you are putting a face on your claim. Also, you can clear up misunderstandings. You still need evidence. You can bring a witness such as a spouse regarding your degree of disability. However, the hard, cold facts is what they go on. The DRO may smile and smile and still stab you in the back later, but it is the best the VARO has to offer.

I guess in some cases the only way to get "S" is to be housebound.

Teac Look at page 96 under DIC for Surviving Spouse. The spouse can get HB or AA if she/he qualifies but it is not based on the vet's having it. That part I did read wrong. Survivors get the basic rate of 1154 plus money for dependents and an extra 233 if the vet and spouse were married 8 years before the death of the vet. It is not much that is for sure. Spouse better have some other funds.

I hate the DAV. They are creeps in my experience. They never return phone calls and discouraged me from going for TDIU when I got 70% rating. I was on SSD for heaven's sake. I used them back about 10 years ago. I have a lawyer now. The lawyer's legal clerk called me to tell me they were sending papers to me to sign. I signed and returned them. They called me back to say they got the stuff and they were getting on the case. When has a VSO (besides Larry) done that for you. Economics is a big part of good service. If you have a claim that envolves big retro and the VA is just playing games with you I do suggest gettting a VA lawyer.

As humvee driver did you encounter any IED's? That is your stressor right there.

Cannon I would do as Stillhere says and fight this out over the NOD date. This is what I think happened: The mailroom got the NOD in time, but the NOD did not get to the RO until September 2. This is not your fault and they are dumb, but never leave it to the last minute again as you can see what happens. They love to dismiss claims for being untimely. It is open and shut. If you are going to cut it close hand deliver it and get date stamped copy. The VA will sit there and say that even when you have a return receipt in your hand that you cannot prove what was in the letter you have the receipt for! They send you rating decison regular mail and then deny you sent them something certified mail when you have proof they got it. My VARO gets 10,000 pieces of mail a day and the chimp they have sorting the mail just can't keep up. Did you claim tinnitus as a cannoncocker?

Now the vet has to decide what to do with the rest of his life since work is a central aspect for most adults.

If your case has been hanging out there for 6 years it is time to hire a lawyer. Nothing the people at the 800 number say can be believed. Do you have combat badge like CAB or CIB? That is confirmation of your stressor right there.

Retired If you kill yourself they win! You are right that the VA does not care. There are many thousands of vets and spouses in nursing homes who are not getting A&A. The VA is stalling and waiting for them to die. They are that cynical these people who are supposed to be taking care of vet, widows and orphans.

But Bradley does play into this case, John. The VA wanted to avoid invoking Bradley so they bumped him up to 100% for PTSD. I put in for SMC "S" and I am at 70% for a mental condition P&T for 9 years. I am not getting any better so let's see if they bump me up. I have in excess of 60% besides the 70%IU. I was expecting the VA to do this if they could. They want to avoid Bradley because there are thousands of vets out there who could qualify. A friend of mine who was IU asked for HB and they granted it,but bumped him up to 100% for single disability first. In that sense Bradley is in play.

Larry Did you say "fer git about it" or "Fagedda bout dit"? Unless we raid Ft Knox we won't get any money this year.

Teac I found the information about smc and dic in the Federal Benefits for Veterans 2010 edition. It is under Survivor Benefits.

Retired What don't you stop the train and get a lawyer on board. You ask basic questions and state how sick you are. If you had a decent lawyer you would not have to do this on your own. Your American Legion VSO does not care if you get 100% or 10%. He is on a salary. I would get a Personal Hearing with the DRO because the BVA is going to take years. You might be able to settle this at the VARO. I would still think about getting a lawyer. You don't pay up front. They take 20% of retro. In your case it would be worth it. If you get sick and miss a hearing all that time will be in the wind.

Great news and how many others are out there not knowing they have benefits coming to them or an increase?

When you file a NOD it is on a decision your receieve from the VA on a certain date. If the decision involves many claimed conditions you still file one NOD. You can say that you disagree with each and every condition the VA made a decision on at the time. You can give your reasons for your disagreement on each rating. If you have separate decisions with differenct dates you need to file on each decision saying you disagree. If you filed for conditions the VA did not discuss you should still file a NOD that includes those conditions. The main thing is to get your NOD in on time. The NOD is probably not going to win your claim for you. It is the start of the appeals process. There is no secret fast way to get claims processed. The idea that each NOD will take one month I don't understand. When you file your NOD you are then supposed to get a SOC from the VA. Then you have a choice about your appeal avenue. Just remember if you get one decision you file one NOD. If you get many decisions with different dates you must file NOD's on each decision. I don't think you can include new claims on a NOD. A new claim is a new claim. You need a new VSO. If you get confused you can file a generic NOD just saying you disagree with VA decision dated xx/xx/xxx. The thing is that one year deadline.

It is like proving a negative. The VA can just say "NO" and you have to meet a burden that gets higher and higher. Thus the personality disorder that half of us have been DX'ed with at one time or another. You need an expert to disprove it.

This recent decision seems to be at odds with Bradley V Peake 2008. The VA is sticking to the "one disability rated at 100% plus 60%."

That SMC "S" or any SMC contributes to DIC. That is well worth it if you leave someone behind. $295 tax free is actually worth around 450 of earned income. I am trying to get it and I have been P&T for 9 years.