broncovet

Britton This is my humble suggestion on bill collectors for the "Sears" TV or other applicable bill collectors you dispute: Caller: Is Jim Smith there? You: (Never answer their questions, but instead ask others..the guy asking questions has control) Who is calling, please? Caller: This is Cindy You: CINDY, who are you with? Caller: Im with Advanced collections. You: Wow am I ever glad you called? You apparently are not getting that its illegel to keep calling me when I tell you not to call, ARE YOU? Do you have me on the do not call list? If you dont, will you add me right now? The good ones will try to hoodwink you by saying, "Will you verify some information? Are you Jim Smith at 123 main street? I respond: You called me, so will you verify your information? Whats your home phone? Whats YOUR credit card number, expiration, and pin code? Whats your SSN, What form of contraception do you use, and when was the last time? Why should I give out my personal information when you wont?" Do NOT allow them to take control of the conversation by getting YOU to answer questions, instead you have control by asking the questions and you dont answer any, but ask them more. My wife says Im the reason why telephone collection agencies have such a hard time keeping help..people can not wait to get me off the phone in just a short time..I drill them with questions and answer none. We used to play a game where we NEVER answer a question..but answer questions ONLY with a question. Try it. Its fun.

My suggestion is to google "Catholic Credit Counseling Service (insert your city, state) " or "Lutheran Credit Counseling Service (your city, state) " for organizations in your city who do this. When I did just that, several local organizations came up. By staying with a local based organization, through one of these well known churches, you reduce the scam risk, since there are online and phone scams that want you to give them your social security number, and other personal info and scam you. Just be careful of dealing over the phone or online...giving out your personal information. Dave Ramsey has a radio show and famously gets people out of debt. I have listened to his show, and, while I dont agree with everything he says...mostly, he has excellent advice. People often "call in" to Dave Ramsey radio show, and report that they had success eliminating debt, sometimes in just a year or two, by implementing his principals. Dave Ramsey radio show is often featured on the "Christian" radio shows, which are also probably available in your area. To locate a dave ramsey show, try this link: http://www.daveramsey.com/show/stations/ I will say this: Either of these 3 (Catholic, Lutheran, Dave Ramsey) services will require effort on your part, and you will likely need to make some changes. One defination of insanity is to do what you have always done and expect a different result.

Im curios if anyone has gotten comp for arthritis secondary to a knee injury? Here is the deal: Im at 100 percent and am seeking the "easiest" route to SMC S. I have at least 4 possibilities to SMC S. 1. TDIU..since I applied in 2002, and have not been employed (SGE) since then. My TDIU claim was dismissed by RO as moot: the BVA appeal said it was "not moot" and remanded it to RO for an SOC. This is crazy and assumes the RO is going to deny the remand..predjudicing the RO. (The VA has a duty to maximize the benefits due to Veteran). However, when the RO "implemented" the BVA remand they "forgot" to even mention TDIU, even tho it was required by the Board. I appealed the RO decision but am interested in getting "on with my life" and not spend my last days fighting VA!!! 2. Arthritis of the KNEE(s). I have it in both knees, as it often happens with one knee injury, the other flares up also. I had a fracture in military and have developed arthritis in BOTH knees and its documented by xrays and several docs and physical therapists. My question is if I did get arthritis for the knees, it wont even qualify me for SMC-S unless its "About" 50%. I have 100% for depression 10 percent hearing loss 10 percent tinnitus. Not sure if SMC is added or combined (above 100 percent) but I need "at least" 40 percent for arthritis to make to to SMC S. Maybe somebody has gotten SC for arthritis of the knees and can share their percentage and symptoms. One doc says I have a "leg length discrepency". I dont have a firm "nexus" for arthritis but I may be able to persue it. Its somewhat compelling when you have a fracture that broken bone often gets arthritis. 3. Sleep apnea. Im not SC for OSA but definately have sleep apnea. Since they did not even know what OSA is in the 1970's this is a tough one to get SC'd on. No, I do not have a docs nexus linking OSA to service. Possibly or even probably my nexus has to be something secondary to depression..after all they make me take pills, at least some of which has led to weight gain (and sleep apnea). My doc did say if I could lose 50 pounds it would not guarntee getting rid of sleep apnea but it would likely reduce it. 4. Crazily, Im already "housebound" but its SMP housebound. The VA says Im housebound..but that its not service connected HOUSEBOUND. However, VA did not say in reasons and bases how I can be housebound NOT due to sc conditions. Thanks for the help. Id like to know your opinions on the best or easiest route to househound (SMC S). On ASKnod, he explained to be "housebound in fact" you dont need to NEVER leave the house..but never leave the house "for work". The VA was denying vets housebound if they showed up for a housebound c and p, reasoning if they made it to the docs for c and p, then they were not housebound. Buie struck that one down. Typical VA.

Thank you for the advice, Chuck, lotsaspotz, Navywife, and john. Im having a little trouble composing the email to ask bob..one question is how much detail should I go into? Gee, if I told everything it would be 8 pages. I need to be precise, maybe a bit of emotion, and be sure and ask what it is I seek. I may even "bounce" the email composition off you "guys" to see if it can be improved on, too long, too short, etc. I think I need to limit it to one, or an absolute max of 2 pages. I just dont think it will get read if its 30, or even 5 pages. If I recall, CAVC does or wants to limit Vets stuff to about 30 pages. Im sure some Vets have written their life history (not that VA pretty much does not have all that.)

This myth is perpetuated by many VSO's, some of which do it because they are lazy. You need to look at the VSO charter. They commit to "cooperate with VA" and, as asknod pointed out, many are compensated by the number of POA's the organiztion fills out. The VA wants you to live in poverty and accept less. There are many hoops the VA has to jump through to reduce you. There are rating protections at 5 years, 10 years, and the best is after you have been rated 20 years. 10 years protects "service connection" but not disability percentages, and 5 years or Permanent even offers some protections. That is, after 5 years they have to show your disability "actually improved under ordinary conditions of life" (you can look it up, but that means you are working, since "ordinary people" work, while "disabled" people do not. If you are permanent or over 5 years, your ratings have "stabilized", and the VA has to show sustained improvement vs "episodic" improvement. In other words any body can have a "good day", but did you get well or "actually improve". Not filing for benefits you really deserve is not "poking the bear" instead its "poking the pooch" if you dont. Just ask yourself this simple question: You and hubby know each other well. Does he deserve additional benefits? Does he have other conditions that are not service connected, (but should be) or is he 80% and not able to work (due to sc conditions)? Honesty should prevail here...just tell the truth and you will be fine. Dont fake any doc reports, dont fake any illnesses, dont exaggerate symptoms. Do tell the doc how you feel on the worst day..something like this: DOC How are you? On Tuesday, I was so sick I could not get out of bed, and my wife had to wait on me hand and foot. I have not worked since November of last year, and that is not good either (not that I could work considering I have PTSD and have xxx and yyy symptoms. (Notice..you tell him what happened Tuesday, or even last week or month...dont tell him you are fine today..tell him about when you were "not fine") What not to do: Dont tell the doc you are "fine" if you are not. We have been taught not to give our complete medical history to someone who asks, but this does not apply to your VA doc. Do tell him your problems, just dont exaggerate em, and dont tell the doc you are "fine" if you arent.

A friend of mine filed bankruptcy. He said if he had to do it over again he would not. It did not help all that much. Instead either YOU or a Credit counseling service can negotiate down principal and interest. Go with a service such as the Catholic or Lutheran, not one of those guys on the phone or online..which are often scams. GO to their office, dont fill out junk online giving out private information to people you dont know. BOth of these churches used to have credit counseling services. A quick google search shows both of these services still operating in my city, dont know about yours. You could at least talk to them before filing bankruptcy, as, of course, I dont know how bad it is for you.

Raven.. Im just trying to help..with what I know...Im not telling you to not take a sick day for eyeglasses...this is up to you. In the past, I, personally, have done quite well with employers and military when I showed them I was a "go to" guy who could be counted on every day. Then, if I DID need a day off...I always got it. I always use my "sick days" very, very sparingly. How you do it is up to you. My mother worked for a company for 6 years and took "0" sick days, and had 0 days late. When she left, they gave her 4 weeks pay as a bonus, for this very reason. I had a supervisory position, before I left the military, where I had a cushy job of sending daily muster to the captain. People called me, if there car broke down, wanted a sick day, etc, etc. Of course, I kept mental notes..on who abused sick days (no, Im not accusing you of abusing sick days!!!!), who could be counted on, etc. I knew these people well. From me, "Mr. Reliable" got favorable treatment, but those guys who tried to call off every other monday for hangovers were told to get in here or face a demotion from the Captain. And, guess which ones got favorable supervisor reviews? The ones where I had to come in every other monday to fill in for them, or the guys I knew I could count on?

I dont know how much you get paid, but its marginal to give up a day's pay for eyeglasses, not to even mention most companies really dont like it when you call in sick. This is not going to help your promotion potential at all...another sick day. I think the copayment on glasses varies widely. For example, I used to have to pay for the scratch coating on lenses, and also the "transition" lenses which darken in sunlight. If your eye doc says these things are "medically necessary" then you may not have to pay them. I have a different eye doc now, and, the last 2 times I got glasses I paid zero. If you want "cool stuff" like transition lenses or are particular about your frame, then its probably not worth it to go to the VA. If you can get by with "generic" frames, and no transition lenses, then you may save a buck going to your VA. My VA optical has a rack of "free" frames, and another rack where you have to pay for them, but, last time, there were more "free" eyeglass frames. I dont know if plastic lenses are still an upcharge at VA or not, but they used to be. Plastic is much lighter on your face, especially if you have rather thick glasses, and really require a protective coating or they scratch easily. Glass lenses are tough, rarely scatch (glass is harder than plastic), but are heavy, and thus, may be more likely to break if dropped from a distance on a hard surface. This is a judgement call only you can make.

I have not yet gotten SMC S, but feel I should have with TDIU and my 100 percent schedular. Then I will appeal the effective date. The RO said TDIU was "moot". However, the BVA agreed with me, that its "not moot." Then the RO never implemented the BVA remand. Thats where IM at. It involves retro to 2002...so by the time my appeal is completed the retro will be $50,000 plus. About 300 per month for some 160 months or so.

If in doubt, timely appeal. If you snooze, you lose. The VA waits until there are 52 Veterans who appealed after the one year appeal period, and then denies all the appeals at once as you did not timely appeal. They can deny those untimely filed appeals like a pack of cards.....They dont even have to read the rest of it..just the date of decision and date you appeal. Longer than one year, even a day, and its into the trash. If you appeal, and then get a job as the CEO of General Motors and dont need the money..you can withdraw your appeal at any time. You just cant go the other way. Once you are too late, you are toast. Dont even think of "mailing" your appeal on the last day. The VA needs to RECEIVE your appeal in a year, so mail it a week or two in advance, or, better yet, take it to the RO and have them date stamp it. Certified mail, return receipt is a very good idea. A simple NOD can just be: I disagree with the RO decision dated 12-30-2013 ON all issues. I request a DRO review of the decison. (Always specify DRO or no DRO or it just delays it. Even when you specify, expect it to take 3 to 4 years.) Signed, IMA Veteran 12/10/2014.

Green Lawyering up, is probably a good idea, based on the assumption you were denied at the BVA. Would you mind sharing the name of your attorney, as other Vets are likewise considering also hiring a lawyer. One problem is the Ken Carpenter's and Bergman and Moore law firms are so busy with Vets cases that its hard to even speak to them about your case. These both have a good reputation, especially the Kenster.

Its the new "shreddergate". Instead of your key evidence winding up in the shredder bin, they simply drop it in another claimants file, where it will be lost for a very long time if not forever. Im thinking you need to write ask bob to fix this one. Its crazy to make the veteran wait four years or more for an appeal when its the va fault for shuffling yours and another vets file.

Thanks, Chuck. I was thinking I made my question too complicated to answer. This is what VA did to me...the RO decided TDIU was moot. The Board, however disagreed, and specifically said that TDIU was "not moot" because of that and because an award could result in an eed, since I applied for IU before the effective date of the 100% schedular. Now, the problem is the RO simply failed to implement this portion of the Board decision. The board decision was lengthy..about 30 pages, and the RO RSVR did not want to read it. I also think the Board decision was CUE, because the Board "remanded TDIU for RO to issue a SOC"...that is crazy. This is directing the RO to deny my claim again and send it to the board, since an SOC only occurs in a denial! If the board wants it denied, they can deny, they dont have to remand it for a denial. I beleive remanding for an SOC assumes a RO denial and adversely predjices the RO on denial of the Veterans claim. Do you have cases where this happened (BVA or CAVC)? Sometimes my search abilities are good and sometimes not so good. VBM would also be great! I dont know what my remedy is: I have filed a NOD on the RO decision which failed to implement the Board decision, but that isnt going anywhere. Im considering: 1. An email to Bob, explaining the RO failed to implement board decision. 2. A letter to chairman at the BVA also explaing the same, that it is CUE for the board to allow non compliance with board decision by RO. 3. A writ of mandamus asking the cavc to compel compliance with board decision. Which of these choices do you recommend, or do you have alternatives?

As most experienced Vets advocates know, the Va consistently denies TDIU claims "as moot" when ever a Vet reaches 100% schedular. Of course, vets advocates are also familiar with Bradley vs Peake which explains that TDIU can count toward the famous "100 plus 60" statuatory housebound, making a Veteran entitled to SMC S "housebound". Buie further clarified that it did not matter which order it happened...TDIU first, 100 % schedular first...etc., that, if the Vet meets the 100 plus 60 then he is entitled to SMC S for housebound, even if the Veteran is not "housebound in fact". (HIF) HIF is the second method by which Veterans can get SMC S, and normally requires a "nexus" in that the doctor states, to the effect, your SC conditions are the ones that caused your housebound. The important portion of Buie, or Howell, may be that "housbound" does not mean you cant get out of the house. No. It means you cant get out of the house "for work". (below is Howell vs Nicholson CAVC 04-0624 March 23, 2006, available here: https://asknod.wordpress.com/2014/08/16/smc-s-attempting-to-cue-old-tdiu-decisions/ Permanently Housebound Status – 38 U.S.C. § 1114(s) SMC-HB benefits will be paid to a veteran who, "by reason of such veteran's service-connected disability or disabilities, is permanently housebound." 38 U.S.C. § 1114(s); see also 38 C.F.R. § 3.350(i)(2). The term "permanently housebound" is further defined as being "substantially confined to such veteran's house . . . or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout the veteran's lifetime." Id. The term "substantially confined" is not defined by statute or regulation. See id. Because the meaning of the term "substantially confined" is ambiguous and there is no regulatory interpretation, "the Court must determine the meaning" of the term "and the Board's obligation" thereunder. Thompson v. Brown, 8 Vet.App. 169, 175 (1995); see also Jackson and Cropper, both supra. The Secretary submits that the clear implication of this term is that the requirement that one be "substantially confined" is met when the claimant is restricted to his house except for medical treatment purposes. The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income as opposed to an inability to leave the house at all. Mr. Howell does not contest this interpretation. To the extent substantial confinement does not include departures for medical purposes, we agree that the interpretation that the Secretary presents in his supplemental briefing is reasonable and consistent with statute and regulations. See Jackson, Thompson, and Cropper, all supra. Accordingly, we hold that leaving one's house for medical purposes cannot, by itself, serve as the basis for finding that one is not substantially confined for purposes of SMC-HB benefits, and the Board's interpretation of section 1114(s) to preclude the grant of SMC benefits on the basis of Mr. Howell's leaving his house in order to attend VA medical appointments was erroneous as a matter of law. end of Howell quote. My question is have Vets experienced cases where VA denies TDIU as moot when, in fact, TDIU can make the Veteran eligible for SMC S Housebound??

No. More Good Vets are killed by a bad VA system, than bad vets killing VA employees. Its much much much safer to be a VA employee than to be a Veteran trying to get health care!!! FACT!! Nobody says a thing anymore about the 22 vets per day that take their own life, and rarely ever talk about the VA killing at least 200 vets by making them wait months for an appointment, fraudunently, in JUST ONE VAMC. Remember, if fraud and corruption occurs in ONE VAMC it almost always occurs in more than one.

Ok, you got your decision and a Reasons and bases for decision. Virtually "all" of us have been denied benefits, most of us multiple times. Next step is to appeal, or, as Berta says so well, to ask VA to cue themselves (making sure you dont pass the one year date to appeal without filing a nod, regardless of the outcome of your cue). If you like, you can post the "reasons and bases" for them, and why you think their reasons are faulty. In particular, the VA can not deny IU for "marginal" income, that is, if you earned less than about 11 grand or so on your job in the past 12 months. VA defines TDIU as the inability to obtain and maintain Substantial Gainful employment, and SGE is income over the poverty level for your number of dependents. (around 11 grand depending on how many dependents you have).

The VA rarely "gives" Vetrans their benefits. You must fight them tooth and nail for them.

It sounds like you have not gotten your VARO decision yet, you are just speculating from ebenefits (when you mention you went from pending to gathering of evidence). My advice is to wait until you do get the decision, and, if you think its wrong, then file a NOD. In the mean time, relax and go fishing, play with your grand kids, or cheer on your favorite NFL team. There is nothing you can do now except wait, so you may as well enjoy yourself and not work yourself up about something that may never happen. Let us know what your decision is..it sounds like it may not be tooo long until you get it.

1. Find out what the C and P is for. This is important, because, if it is NOT for a condition to which you are already Service connected, your C and P could be for an increase, not a reduction. (You can get above 100percent (TDIU) for SMC on several things: Housebound, loss of use, etc, etc. It may not be bad news! Find out what kind of doc is doing your C and P exam, that is, is he a doc for which you are already service connected.) 2. If your C and P is for something you are not already service connected for, then relax, you arent getting reduced. If it is one of your conditions, then the VA will need to show you "actually improved"..to reduce you. If you have not improved since your C and P that got you service connected, then you also dont need to worry to much, but do not fail to get to the C and P exam, or you will be reduced by default.

Burt posted: "all the while she does all the cooking, cleaning and money earning ...." This sounds like you are "unemployable", aka TDIU. You probably could/should apply for TDIU ASAP if you have not already, and if you have, and were denied, you should appeal. Whether you get it or not will largely depend on IF YOUR DOCTOR SAYS "you are unemployable due to service connected conditions". At 50%, you dont meet what is called "schedular requirements" of TDIU, so you will also need to ask for an INCREASE (or new condition(s) such as depression or PTSD, if applicable. If you are unable to maintain substantial Gainful employement due to SC conditions, you should get TDIU. Finally, if you are unable to care for your needs, and need help with things like taking a bath or need help on/off the toilet, (as you posted) you should apply for and get "Aid and Attendance". Frankly, I can not see how the VA would NOT say you should get TDIU if you need help with the bathroom! Bottom line: Apply for an increase, also apply for depression, TDIU, and Aid and Attendance, Pronto.

Sgt Ramos You are more likely to get your questions answered if you start a new post, rather than ask a question in someone elses post because different Vets advoctates have different areas of expertise. I dont know anything about stipends, but there may be those who do. Medic: "Waiting" is probably not a good idea to file for benefits. Remember, your effective date will be the later of the "facts found" or the date VA received your claim. There may be some benefits for filing a FDC, but frankly, I doubt it, and your chances of getting all the tests you need before submitting before the end of the month are low, IMHO. It may take VA multiple days to log your claim in the mail room, so waiting until the end of the month could well cost you a month of benefits if awarded. I see absolutely "zero" reasons to procrastinate...medical tests, if necessary, will be scheduled by VA, and the sooner you apply the sooner you will get your benefits. I dont know a single Vet who complains: "Gee, I dont know why they paid me so early, I was actually hoping to get my benefits much later and not now. I have way too much money anyway, so I would prefer to get my benefits at a later date. I have heard exactly zero Vets say anything close to this.

Expect your claim to be "top sheeted", and you usually are not disappointed. The doc has opined that your spine injury does not preclude your ability to maintain substantial gainful employment. (SGE) However, nothing has been noted in regard to your other disabilities, especially MDD, and cognitive disorder. So, to win benefits you need to show either: 1. That your MDD/cognitive disorder prevents you from maintianing SGE. Or 2. You combination of disabliities prevents you from maintaing substantial gainful employment. That is, the spine injury AND your MDD/cognitive disorders makes it impossible for the "average person" to maintain SGE.

Perhaps OUR Nods should be worded similar to this: "I disagree with the RO decision dated 02/03/14 and request a Decision Officer Review on said decision, on all issues. However, there is at least one CLEAR Unmistakable Error that needs to be addressed first, since a NOD on a RO decision in error gives an obscure result which could result in minimized beneftis to the Veteran, or in delaying benefits due to the Veteran." (Then state the CUE). Signed, IMA Veteran, 12/02/14 This is likely why VA wants us to use THEIR form, because it does not contain anything like this.

Berta Posted: Seriously, we ARE prevented from filing a valid NOD if there is a serious detrimental legal error in the decision, that could certainly cause problems down the road. end of Berta quote. Exactly. Surely the VA will "look the other way" on this also, because they want us to contine making the mistake of filing the wrong remedy: CUE or NOD. Many times these differences are subtle and Veteran/laypersons are not in a position to know with certainty which remedy to use. There have been multiple times where Veterans were smacked by the courts for not filing a timely NOD, and, I a sure there are also times where the government prevailed because the Veteran should have filed a CUE instead of a NOD.

I agree, Pete with one caveat: You see, filing a CUE does not preclude filing a NOD! As Berta suggests, you can file a CUE, and still file a timely filed NOD as long as you do so within a year. The VA wants us to make mistakes and create many traps for us to fall into, such as not filing a NOD timely, or failing to file a CUE on an erroneous decision. This way, we can actually do both. I agree not to file a CUE when a NOD will do as it raises the standard of review, HOWEVER, I recognize that some times doing just that can shorten the time frame. Berta suggests asking the VA to Cue themselves when the VA decision is erroneous. I say, go ahead and file Berta's suggested CUE, but make sure you also file the NOD. That way, the Veteran can have the best of both worlds. The Cue, if it works, could result in quick benefits and not require a lengthy appeal. However, the NOD will ensure the Veteran preserves his appeal rights if he is unable to meet the CUE standard of review, but still may be eligible for the Benefit of the doubt.