pacmanx1

In an article run by at least 26 news sources, the AP (12/3) notes that on Wednesday, 57-year-old Nevada resident David M. Perelman was sentenced to one year in federal prison for lying to obtain a Purple Heart and using the medal and phony paperwork to obtain $180,000 in veteran benefits. Las Vegas review-Journal

I have never read or even heard of this. Being rated at 70%, the veteran can file a claim for TDIU and be paid at the 100% rating but that is not 100% schedular

It is normal for VA to request a C & P exam. The C & P exam could go either way, the C & P examiner can say that he or she believes that your conditions are related to your military service or the examiner can say that your conditions are not related to your service. The key is to have treatment records showing that you are being treated for these conditions. Currently there are no test that can prove these conditions, the diagnoses are based on the doctors medical opinion and examining you over a period of time. As long as you have a doctor's opinion that these condition are related to your service and the doctor gives a good medical rationale then VA will have to award your claims. Don’t take this the wrong way, VA may deny your claims but eventually award them Hope the Best

Actually it is a very good question. There are a lot of times when VA awards a veteran TDIU but the veteran never question the effective date. The reason I asked you so many questions is because depending on the answer it could have affected the date of your TDIU.

Have you been awarded SSDI? If so, was the effective date prior to FEB 09? So far I do not see VA paying you an earlier effective date.

What are the date that you filed your claims for sleep apnea, ED and hypertension? What was your service connection rating prior to FEB 09?

When did you file your claim for TDIU? Do you have any pending claims including appeals?

Yes, they can work but it is very hard to get to be rated 100% schedular. Keep in mind unless the veteran gets a 100% service connection for one condition, he or she would need something like 230% to get a combined total of 100% service connection. VA uses fuzzy math when a veteran had multiple disabilities.

If a veteran is service connected 100% for any type of mental condition and works, VA will try to reduce their service connected rating. Here is the 100% criteria again; Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. Just my opinion but I think marginal employment is referring to a veteran service connected for physical and mental disabilities that are awarded 100% P & T or a physical disability like a 100% heart condition but not for a 100% mental condition. If a veteran is awarded 100% for a mental condition and finds employment, then that means he no longer meets the 100% criteria because he no longer has total occupational and social impairments. The key words are Total occupational and social impairments. Not knowing all the particulars, it will be very hard for a veteran 100% service connected for a mental condition to work.

The DRO can award your claim for increase or grant your claim for TDIU or the DRO could ignore the evidence and continue to deny your claims and let your claims go to the BVA. Unfortunately it is up to the DRO for right now.

This is just my opinion but I think VA will try to combine these claims

I just tried it and it opened for my computer http://www.veteranst...nloads/bcmr.pdf

http://www.veteranstoday.com/2010/11/22/answers-to-bcmrs-failing-mandate-to-veterans/

I will post article if someone can not open it. Hope this helps. http://www.veteranst...ne-december-17/

BVA awarded this veterans' claim for IBS secondary to his service connected Anxiety disorder. The purpose of this post is to pass on information, the veteran won his claim by claiming that his service connected anxiety disorder caused his IBS and not claiming it was medication due to his service connected anxiety disorder. Yes, I think the IMO really did help. http://www4.va.gov/v...es3/1029412.txt

Yes, a good lawyer and a good IMO will go a long way. J, If I am wrong please correct me but there is no rating for a personality disorder at all under the CFR 38 Part 4 for any reason. Prior to military service or diagnosed on active duty, if a veteran is diagnosed with a personality disorder, VA will claim that the veterans' condition was bound to get worst and being in the military would not have aggravated it. The PD could have been a set up but the veteran will have to prove that he had and still has a mental health condition that is not PD.

If and I say if the veteran did any other test that showed that he had a condition and VA went with the negative test and not the test that shows that he had a ratable condition then he could have a legitimate claim but VA will fight to the last end and may even force the claim to go to BVA or higher. Keep in mind that when considering if you have a Cue or not, You must have applied for your condition and gave VA evidence of your condition prior to their original rating decision. If evidence is found later that supports your original claim then you can ask for an EED. VA will not want to pay this claim at all. Hope the best

§ 4.9 Congenital or developmental defects. Mere congenital or developmental defects, absent, displaced or supernumerary parts, refractive error of the eye, personality disorder and mental deficiency are not diseases or injuries in the meaning of applicable legislation for disability compensation purposes. You will have to overcome the "personality disorder" and get an IMO of a different mental health condition. The psychiatrist will have to review your SMRs and your mental health records to make this opinion and give a good rationale. This may be a fight but this is what you will have to do.

A CUE determination must be based on the record and the law that existed at the time of the prior decision. In a valid claim of CUE, the claimant must assert more than a disagreement as to how the facts were weighed or evaluated. There must have been an error in prior adjudication of the claim. Example: A new medical diagnosis that corrects an earlier diagnosis ruled in a previous rating would not be considered an error in the previous adjudication of the claim. A CUE exists if · there is an error that is undebatable so that it can be said that reasonable minds could only conclude that the previous decision was fatally flawed at the time it was made · Department of Veterans Affairs (VA) failed to follow a procedural directive that involved a substantive rule · VA overlooked material facts of record, or · VA failed to apply or incorrectly applied the appropriate laws or regulations.

If I remember correctly I think it was like 60 days or less since my semester was about to start. It has been years so I may be off a little but if you have a school in mind, you may want to contact them. I finally completed my degree and I can't even use it.

I think you need to have a plan of action. You need to choose the school you want to attend and the degree that you are hoping to achieve and then go to your Voc rehab counselor and make sure they set everything up. When I started my Voc rehab my counselor did not have a clue, so I was very prepared in starting school that very semester and he got it all done fast.

The name of the brothers were the five Sullivan brothers. They made a movie of them to tell their story

Not knowing his type of discharge, and the full circumstances of why he went AWOL, he would need a psychiatrist opinion that his condition was started on active duty or made worst by active duty and he must file a claim to see what VA would say. The psychiatrist will have to review his SMRs to give a good opinion and rationale of his condition. If I am off others will chime in

I do not believe that VSOs have anything to do with veterans having C & P exams. I know they can check with VA to see what is the latest status and VA can tell them that the veteran will be scheduled for a C & P exam but the exams are done by the VARO for QTC C & P exams and by the VAMC for the VA Hospital C & P exams.

If you do not have a complete copy of your award letter then you need to request it. Check with your VSO to see if he has a copy of it and review it with him. Did you file a claim for PTSD or depression or anxiety. The rating letter will tell you what you are service connected for.