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pearl

Second Class Petty Officers
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Posts posted by pearl

  1. Congratulations Wally, persisistence and perserverence certainly paid off in your case. I'm sure you and your family deserve a long vacation to clear to the VA madness from your minds. Enjoy the win and take care of yourself!

    Pearl

  2. Pete, I don't know if all the Med Centers offer this surgery. Bay Pines in St. Pete was doing them about two years ago.They had very strict requirements to be a candidate. You had to be referred by your PCP, and have a psychological exam. Also you have to had tried multiple weight loss strategies,( if you are like most of us you won't have a problem with this one)I have done lots of research on bariatric surgery, and the experts seem to believe that it is a really valuable tool for folks with diseases that are exacerbated or made worse by being overweight. You might want to call your closest VMAC to see if they offer it.

    Take care of yourself and the grands!

    Pearl

  3. If the VA erred in 1972 I could only get back pay from 1992 forward??? The VA had the doctor's report in 1972 but they just did not include that as part of the evidence they used to low ball me. If I can only get back pay from 1992 onward then there is no reason to file a CUE to me since by then I had overcome the worst parts of my old disability (on my own I might add). I think I need to read a lot more cases before I open up this crazy can of worms. What seems obvious to me is probably not obvious. I just get the impression that the whole purpose of the law regarding vets is to find ways not to pay them.

    John, remember that the C& P's and doctors notes are just a tool for the rating specialists. They still get to decide what degree of disability they feel you deserve. It is supposed to be governed by 38CFR, but we all know they can easily circumvent that. At my last C&P the ortho doc said that my rating for cervical radiculopathy would be between 10 and 30%, of course the rating specialist chose 10%. I believe it should be 30%, but I choose not to battle with them any longer over it. I'm not sure that not giving the percentage that you feel you deserve would be a CUE claim. As was stated earlier it must be a legal error that would cause your decision to be different. They've covered themselves pretty well. Also anytime you ask for a reconsideration of something they can legally go through your entire claim file, that is why many on the the other sites advise against this unless you are sure you have an airtight claim. I have Cued two of my past appeals and was successful. On the last one the wrong rating code was used and this caused me to received less retro in 2005. Also they failed to award me a secondary rating for my carpal tunnel syndrome. These both were legal errors. They changed the outcome of my decision and raised my rating another ten points (90%).

    Pearl

  4. Thanks guys for all your well wishes. It is truly a good feeling knowing that I don't have to follow up on my claims any longer. Mssoup, I have been following your posts, and I'm really happy for your win. Berta, the retro is because I continued to appeal my decisions from my initial claim back in 2001. I will say to all, don't give up if you feel your claim is legitimate. You will surely succeed if you persevere, and follow all the good advice that this site offers. John, I agree with you even though I won't be filing any more claims, I will keep my eye on all VA news. Pete, Tbird, and Carlie again thanks, I will also continue to follow the posts on this site and will try to help where I can. You guys are all wonderful assets to this site and your help to me and others here has been immeasurable.

    Pearl

  5. Hi everyone

    I received my decision today on the appeal of carpal tunnel syndrome and hypertensive heart disease. I was granted ten percent on the carpal tunnel and thirty percent on the HHD. I am already 100% IU perm and total so this just gives me some retro back to 2001. Thanks for all the great advice this site offers. I am finally done with the VA, and I'm sure they are glad of that, I know I am. I hope that all your claims work out the way you want and need them to.

    Pearl

  6. Pearl:

    I think you are not correct and correct at the same time. Your statements are conflicting about being 18 and in college verses high school.. The only time you can receive school age child (over 18) is when the child is in high school. If they are in post high school, then the school age child stops for the veteran and chapter 35 begins for the child. Only on a rare occassion can you get school age child (for the veteran) and chapter 35 (for the child); that is when the child is UNDER 18 and in college. My second son did this from June (college summer school) until he reached 18 years of age in September. Yes, school age child does increase when the child reaches 18, but again only if enrolled and attending high school.

    Rich, I actually did not mention an age as some children graduate before eighteen and some after. I believe the VA asks you to certify that they are in school or not. I'm sorry that I did not make myself clear. What I was stating is that the Veteran can choose to continue to receive benefits based on the child's dependency(which will give the Vet a higher monetary benefit ) or let the child collect the benefits for college training themselves through chapter thirty-five, if the Vet is permanent and total.(which is the route I personally would choose as it pays more money to the child) I also believe that if your child does not go on to college or some other schooling after age eighteen you are no longer able to get the dependent pay for them from the VA .(unless you are a perm and total Vet then chapter thirty five comes into play) In other words there is a choice to made if you are perm and total as to which route you will choose.I am currently applying for chapter thirty-five benefits for my daughter, she is a sophomore in high school. They have sent me letters twice urging me to apply before she actually goes off to college, I guess even they realize how slowly the VA's wheels turn when granting benefits.

    Take care

    Pearl

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