jbasser

PR, you submit that form personally. Never rely on the DAV to do so. They have good intentions but stuff gets lost. Submit it and give the DAV a copy. Use certified mail, or hand deliver it. J

Medicare is great. I use it as secondary to another insurance and I have yet to pay a co payment. Maybe you can find a secondary insurance to pay the extra 20 percent. J

This is a good training post. If you are contemplating quitting work and filing for IU, Then one should have a Doctor officially take you off from work. That settles any questions the VA may have. The medical evidence determines last date worked, Not the VARO. CG challenge any decision they make. You Know the date you were too disabled to work. J

He has the right to refer you for an opinion is he is not sure, But he does not have the right to treat. These radiologist can really make or break a claim. They often interpet their own personal points and many over read Xrays. One even told me I had lymphoma in 2005 and scared the crap out of me. J

http://www.warms.vba.va.gov/cova/dads/99dads/patton.doc

Ruby, here it is. http://www.va.gov/vetapp08/files3/0818664.txt J

Carlie, It looks like they are trying to pull a fast one. Infer the PTSD and IU issue so the Vet will have to present new and material evidence to reopen. A NOD should be filed before the December deadline on the inferred denial. I filed a claim in 1994 for Hypertension. The VA could not locate the SMR. They denied it. When I reopened my C spine claim, I found out they had received the SMR and they had made the HTN inferred. That tells me that the VA should have reopened the claim based on new and material evidence but they didnt. I had to file it again. They denied it again stating there were no treatment or complaints in service. I got a copy of the folder and SMR and a good C and P doc pointed it out to me. There were 17 readings taken in service and 12 of those were compensable. Cue filed in 2003. My advice to All mambers: Keep the claim open and avoid any closures. NOD any decision. Most initial awards are lowball even though they can read the regs, They always apply the lesser reg to the issue. You have to be on your toes and compare your issues with the regs that are in effect. There is a reason this is done. Just because they can. J

Quint all is not lost. The place where you had these exams are requireb by law to keep the original one. The xrays are probally pax system stored and it is easy to re-print. I always say get an IMO from an occupoational medicine doctor. They are more thourough and the are a hell of a lot cheaper. J

Kw, write a statement in support of claim and fire it off to the VA. Copy and paste the information and paste it into an iris inquiry. Claim number: Issue: Reconsideration. Since I am not dead as you have implied in decision letter dated?, It would be in your best interest to fairly reconsider this claim. I urge you to do this reconsideration with haste as time is now of the essence. Sign and date it. When you get your response, It will be the ammunition needed to go to the press. If they continue to jerk you around, Then go. Find a Newspaper owned by Knightridder. Contact congress, Even the presidents office., Obama, and McCain. Do whatever it takes to embarras the crap out of them. Fire your POA as they seem to me as being lacking on their duties as representatives. J

VA 101. Md opinions corregating claims to military service in the requested opinion on the Compensation and Pension examinations. Taking into consideration that VA C@P examinations are now computer generated and the questions are actually asked by the RO. Please regard that these questions can be leading to the Doctors and sometimes they even go fishing for a different opinion based upon their own ideas. Then the request for exam asks for a summary as to why the Doctor opied the way he did. It is best to get a copy of the exam to read the entire exam as well as the Doctors notes. I used them as a template to my claim and the exams were dead on. I had to fight a little harder as the doc found evidence int he record not even considered by the RO. Not likely means 0 percent sure less likely is less than 50 percent sure At least as likely as not means 50 persent sure ( benefit of doubt rule should kick in) More likely than not means 75 percent sure. Was due to means 100 percent sure. I had 2 more likelys and a was due to and they still tried to jerk it around. Anyway it was a very favorable exam. I just hope the VA listens to the examiner. They should J

One more thing, who is your POA. They should have intercepted this one at the RO. J

Send an IRIS inquiry to these morons. Demend that the claim be reconsidered on the fact that you are not dead. Tell them to do the recoinsideration right now. You have to be declared dead by a physician. Sorry you had to go through with this crap but it is another plot by the VA to extend your waiting time. It may be just wishful thinking on the part of the VA. Write your local news, mewspaper, and get the ignorant fools name who signed the decision out to the press. J

Go on with your bad self Jay. Heck of a Job. I like it. J

I did a little more research and the VA considers dependant children as 1. Biological 2. Adopted 3. Step Children.

You would most likely need to adopt the child. He would then be eligible for the VA and SSD also. J

Hot diggity dog. Way to go. If you have children, and they were of eligible age in 1969 they are too entitled to benefits. Fill out the dependant form and put the effective date on it and submit the childrens information. Wouldnt it be wonderful to suprise the Kids with some extra salad. J

John, You need to do the following activity. Find an occupational specialist. Take your records, all of them, and have a complete history and examinatiuon done. Find a Doc with a legal background. They are out there. Once he puts it together, He will do it in a way where the VA and Social Security Administration cannot deny. Call a Social Security Attorney and ask them who they use for IME;s.http://www.freereferral.com/resume/C000494A.php They will tell you. J

You need to get out to get an IMO. You also need your DOc to precribe bed rest or incapicitate you for long periods of time. This should increase you to 60 percent and Iu. Also ask for extra schedular consideration if your disabilities keep you from working. It is a long battle but you can win. J

The VA will drive you absoultely nuts. Especially when it comes to PTSD and stressor verification. Good Luck.

Yoggie, fo you have the rest of the exam like Xrays and ect? The term R/O means rule out. That means the Doc thinks you have Traumatic Arthritis in the Left foot but needs Xrays to confirm. Again, more emphasis was placed on your Disk diseasse of the back. According to the foot criteria, This C and P examination was not a very good one. I dint think the VA has changed this exam criteria. You have your records and you need a medical history IME. Someone to look at the records, examine you and put the puzzle together.

Pete is right, My grandfather has a stepson who suffered a bad ptsd experience in the CG. He mind is shot. The VA bought him a swimming pool. Nothing fancy but at least it is a pool. J

Yoggie, the patriot act does not superceed the CFR. Your only income is VA compensation. The \DAmn bank knows it is by the freaking code on the Direct Deposit. it says US treasyry 220 benefit. That code means VA comp. Dont let them jerk you around. Now for the Kids. Are they on your compensation? Since you are ordered to pay child support, Key word is support, then the VA has to pay them their monthly entitlement. Here is the reg. The VA actually may owe them a boatload of money. § 3.57 Child. top (a) General. (1) Except as provided in paragraphs (a)(2) and (3) of this section, the term child of the veteran means an unmarried person who is a legitimate child, a child legally adopted before the age of 18 years, a stepchild who acquired that status before the age of 18 years and who is a member of the veteran's household or was a member of the veteran's household at the time of the veteran's death, or an illegitimate child; and (i) Who is under the age of 18 years; or (ii) Who, before reaching the age of 18 years, became permanently incapable of self-support; or (iii) Who, after reaching the age of 18 years and until completion of education or training (but not after reaching the age of 23 years) is pursuing a course of instruction at an educational institution approved by the Department of Veterans Affairs. For the purposes of this section and §3.667, the term “educational institution” means a permanent organization that offers courses of instruction to a group of students who meet its enrollment criteria, including schools, colleges, academies, seminaries, technical institutes, and universities. The term also includes home schools that operate in compliance with the compulsory attendance laws of the States in which they are located, whether treated as private schools or home schools under State law. The term “home schools” is limited to courses of instruction for grades kindergarten through 12. (Authority: 38 U.S.C. 101(4)(A), 104(a)) (2) For the purposes of determining entitlement of benefits based on a child's school attendance, the term child of the veteran also includes the following unmarried persons: (i) A person who was adopted by the veteran between the ages of 18 and 23 years. (ii) A person who became a stepchild of the veteran between the ages of 18 and 23 years and who is a member of the veteran's household or was a member of the veteran's household at the time of the veteran's death. (3) Subject to the provisions of paragraphs © and (e) of this section, the term child also includes a person who became permanently incapable of self-support before reaching the age of 18 years, who was a member of the veteran's household at the time he or she became 18 years of age, and who was adopted by the veteran, regardless of the age of such person at the time of adoption. (Authority: 38 U.S.C. 101(4)(A)) (B) Stepchild. The term means a legitimate or an illegitimate child of the veteran's spouse. A child of a surviving spouse whose marriage to the veteran is deemed valid under the provisions of §3.52, and who otherwise meets the requirements of this section is included. © Adopted child. Except as provided in paragraph (e) of this section, the term means a child adopted pursuant to a final decree of adoption, a child adopted pursuant to an unrescinded interlocutory decree of adoption while remaining in the custody of the adopting parent (or parents) during the interlocutory period, and a child who has been placed for adoption under an agreement entered into by the adopting parent (or parents) with any agency authorized under law to so act, unless and until such agreement is terminated, while the child remains in the custody of the adopting parent (or parents) during the period of placement for adoption under such agreement. The term includes, as of the date of death of a veteran, such a child who: (1) Was living in the veteran's household at the time of the veteran's death, and (2) Was adopted by the veteran's spouse under a decree issued within 2 years after August 25, 1959, or the veteran's death whichever is later, and (3) Was not receiving from an individual other than the veteran or the veteran's spouse, or from a welfare organization which furnishes services or assistance for children, recurring contributions of sufficient size to constitute the major portion of the child's support. (Authority: 38 U.S.C. 101(4)) (d) Definition of child custody. The provisions of this paragraph are for the purpose of determining entitlement to improved pension under §§3.23 and 3.24. (1) Custody of a child shall be considered to rest with a veteran, surviving spouse of a veteran or person legally responsible for the child's support if that person has the legal right to exercise parental control and responsibility for the welfare and care of the child. A child of the veteran residing with the veteran, surviving spouse of the veteran who is the child's natural or adoptive parent, or person legally responsible for the child's support shall be presumed to be in the custody of that individual. Where the veteran, surviving spouse, or person legally responsible for the child's support has not been divested of legal custody, but the child is not residing with that individual, the child shall be considered in the custody of the individual for purposes of Department of Veterans Affairs benefits. (2) The term person legally responsible for the child's support means a person who is under a legally imposed obligation (e.g., by statute or court order) to provide for the child's support, as well as a natural or adoptive parent who has not been divested of legal custody. If the child's natural or adoptive parent has remarried, the stepparent may also be considered a person legally responsible for the child's support. A child shall be considered in the joint custody of his or her stepparent and natural or adoptive parent so long as the natural or adoptive parent and the stepparent are not estranged and residing apart, and the natural or adoptive parent has not been divested of legal custody. When a child is in such joint custody the combined income of the natural or adoptive parent and the stepparent shall be included as income of the person legally responsible for support under §3.24©.(3) A person having custody of a child prior to the time the child attains age 18 shall be considered to retain custody of the child for periods on and after the child's 18th birthday, unless the person is divested of legal custody. This applies without regard to when a child reaches the age of majority under applicable State law. This also applies without regard to whether the child was entitled to pension prior to age 18, or whether increased pension was payable to a veteran or surviving spouse on behalf of the child prior to the child's 18th birthday. If the child's custodian dies after the child has attained age 18, the child shall be considered to be in custody of a successor custodian provided the successor custodian has the right to exercise parental control and responsibility for the welfare and care of the child.(Authority: 38 U.S.C. 501, 1521©, 1541©) (e) Child adopted under foreign law —(1) General. The provisions of this paragraph are applicable to a person adopted under the laws of any jurisdiction other than a State. The term State is defined in 38 U.S.C. 101(20) and also includes the Commonwealth of the Northern Mariana Islands. The term veteran includes, for the purposes of this paragraph, a Commonwealth Army veteran or new Philippine Scout as defined in 38 U.S.C. 3566. (2) Adopted child of living veteran. A person residing outside any of the States shall not be considered to be a legally adopted child of a veteran during the lifetime of the veteran unless all of the following conditions are met. (i) The person was less than 18 years of age at the time of adoption. (ii) The person is receiving one-half or more of the person's support from the veteran. (iii) The person is not in the custody of the person's natural parent unless the natural parent is the veteran's spouse. (iv) The person is residing with the veteran (or in the case of divorce following adoption, with the divorced spouse who is also a natural or adoptive parent) except for periods during which the person is residing apart from the veteran for purposes of full-time attendance at an educational institution or during which the person or the veteran is confined in a hospital, nursing home, other health-care facility, or other institution. (3) Adopted child of deceased veteran. A person shall not be considered to have been a legally adopted child of a veteran as of the date of the veteran's death and thereafter unless one of the following conditions is met. (i) The veteran was entitled to and was receiving for the person a dependent's allowance or similar monetary benefit payable under title 38, United States Code at any time within the 1-year period immediately preceding the veteran's death; or (ii) The person met the requirements of paragraph (e)(2) of this section for a period of at least 1 year prior to the veteran's death. (4) Verification. In the case of an adopted child of a living veteran, the requirements of paragraphs (e)(2)(ii), (iii) and (iv) of this section are for prospective application. That is, in addition to meeting all of the requirements of paragraph (e)(2) of this section at the time of initial adjudication, benefits are not payable thereafter for or to a child adopted under the laws of any jurisdiction other than a State unless the requirements of paragraphs (e)(2)(ii), (iii) and (iv) of this section continue to be met. Consequently, whenever Department of Veterans Affairs benefits are payable to or for a child adopted under the laws of any jurisdiction other than a State, and the veteran who adopted the child is living, the beneficiary shall submit, upon Department of Veterans Affairs request, a report, or other evidence, to determine if the requirements of paragraph (e)(2)(ii), (iii), and (iv) of this section were met for any period for which payment was made for or to the child and whether such requirements will continue to be met for future entitlement periods. Failure to submit the requested report or evidence within a reasonable time from date of request may result in termination of benefits payable for or to the child. (Authority: 38 U.S.C. 101(4), 501) Cross References: Improved pension rates. See §3.23. Improved pension rates; surviving children. See §3.24. Child's relationship. See §3.210. Helplessness. See §3.403(a)(1). Helplessness. See §3.503(a)(3). School attendance. See §3.667. Helpless children—Spanish-American and prior wars. See §3.950. [44 FR 45935, Aug. 6, 1979 and 45 FR

A slipped disk would be rated under IVDS. title 38 part 4. muscleskeletal. Disorders of the spine. J

As long as the Veteran is 100 percent P and T schedular then I say yes, unless it is for PTSD. SMC is issued for a serious disability such as loss of use of one hand and foot or for a Vet who has a single 100 percent rating along with another (or combination) that equals 60 percent. SMC S J