broncovet

Warren: When you die, your VA disability largely "goes away". No more money to your widow. Then, your wife can "apply" for DIC, which is about $1195 per month, less than half of 100%. Worse, the VA will fight her tooth and nail on that, too. She will be lucky to get her DIC in 5 years, and several appeals later. All that time, she gets zero. And then she might get some retro, but count on the Va to hornswaggle the effective date there, too. This is all assuming the widows knows how to apply and knows a VSO or attorney. Most dont, and so they get zero. You need to acquaint your wife on the VA process so she can apply for DIC. Berta used to be a great help to widows, but she has retired. It leaves a big gap, as no one else knows even close to what Berta knows about DIC. Without a Masters Degree in VA benefits, the VA swallows you up like a whale swallows up a minnow. Your widow will get in a million man waiting list for benefits when she applies for DIC. This backlog hurts not only Vets, but their families, too. The VA wont care if your wife can not afford her heat bill, and her utilities cut off because of inflation and she can no longer pay the bills. She will have to wait in the million man line, just like Vets.

I agree with Basser, the sooner the better. This is a no brainer. Reason: The vast majority of hearing loss claims are rated 0%. Tinnitus is likely your only shot at getting compensated. This is common VA trickery. You apply for VA benefits...tell your VSO about your hearing loss, and a few other maladies. They "drop" all of them except hearing loss. You think your benefits are being "processed". Wrong. Of course, you will be denied hearing loss. Then you appeal. It goes to the Board, and the BVA awards. You get zero percent and an empty lollipop stick. Now, you start all over again, after wasting 5 years on appealing a 0 percent hearing loss, thinking you would get "benefits". Unless you are deaf, you are unlikely to get any compensation for hearing loss. The VA has skewered the rating tables in favor of the VA. I have not been able to even watch a movie, without closed captions for years. And for years, I got zero percent for hearing loss. I have a 90 deciblel loss. How does the Va get away with this? Well they take the average. They average my 90 decible loss with other frequencies where, arriving at an "average" 55 decible loss. Do I hear at 55 decibles? No. Since most women and children have high pitched voices, I miss about 90% of what they say. I hear mostly only low tones. That is, I can understand deep voice men, and can hear large barking dogs. I also cant hear people whose language is not native to English. This means I can understand about 30% of what people say. That fetches a zero percent hearing loss rating. It would be like if you had a bullet in one leg. So they say, "Ok, thats one bad leg, lets average your bum leg with your good one and two good arms. SO, you are only 25% disabled. You can still win races with one leg, right? You could just run on your hands, as they work ok.

There is a difference between unemployed and unemployable. The VA uses the term "substantial gainful employment". It generally means you can maintain a job for a year. Usually, to be unemployable, you need to have a doc say you are not capable of working. To be unemployed, all you have to do is mess up and get fired, or just plain laid off with a downsizing of your company.

I suggest you work as long as you can, and only after you can no longer work should you then apply for IU If you can work, but apply for IU instead, then you can bet the VA will find out and deny you. The VA sniffs out every piece of negative evidence, and, if they cant find any, they make it up. This is why about 2/3 of BVA decisions either award or remand benefits....the VA made up reasons to deny, and the Board overturns the made up reasons. The Chief Justice of the Supreme Court, Roberts, said the VA takes a position against the Veteran that is "substantially unjustified" 70 percent of the time: http://legaltimes.typepad.com/blt/2010/02/roberts-startled-by-government-errors-in-vet-cases.html This means if the VA cant find any negative evidence, they make stuff up.

Yes. The effective date is supposed to be the later of the "facts found" or the date you filed the claim. You mentioned unemployability. The VA used to give the date they received your 21-8940 as the effective date, but they are not supposed to do that anymore, and that form is no longer requred for TDIU. I am curious..you said "denied deferred". That does not make sense to me. If your claim is deferred, it has not been decided yet. If it is denied, then it has been decided. Maybe you meant they deferred it, then later denied it. This would indicate that they got some negative evidence from somewhere. When the VA shreds evidence, they often hoodwink you on the effective date, too.

Its the famous VARO "1-2-3-4" punch. First, they delay you. Then, they Deny you. Then they lowball you. Then, they trash you on the effective date. I call it DDLT. If you dont fight DDLT every step of the way, then you lose.

I read Volunteers live longer than non volunteers. It gives you an sense of purpose. You are asking for a judgement call. We dont know if you got better or not. Rememeber the VA , in order to reduce you, has to show you improved. It is not enough for the VA to show you dont meet the criteria for your rating, since you did not have to meet all the criteria to be awarded PTSD or depression to begin with. I have never actually heard of a Veteran who volunteered, and, as a result of volunteering got his benefits reduced. Not saying it has not happened, but I have not heard of it personally. As pointed out, if you feel uncomfortable with it, you can volunteer other places, such as nursing homes, parades, hospitals, etc. etc.

So, I take it you passed the one year appeal period. There are lots of things to consider before you file a CUE. One alternative to CUE is to reopen under 3.156 B or 3.156 C. Both require new and material evidence. Do you have N an M evidence to support your claim? If you do, you can go ahead and re apply. If you are awarded benefits, and dont like the effective date, you can always file a CUE later, since there is no time limit to file a CUE. If you were not awarded the benefits the first time, it is going to be even harder to get a CUE. CUE errors need to be outcome determinative, they have to be undebatable and not a matter of difference of opinion or interpretation, and they have to be based upon the laws and the evidence at that time. If it were me, I probably would go for a reopen due to N and M evidence. Then, after I got sc, you can go for an eed via CUE, arguing that you should already have been sc earlier, but not for the error.

According to the Bureau of Labor Statistics: The Consumer Price Index for September 2012 is scheduled to be released on Tuesday, October 16, 2012, at 8:30 a.m. (EDT) so, we should know by next week.

Cue is always the last resort for a decision you did not timely appeal. Its never the first thing you consider. If you can appeal the issues, it is always better than waiting and having to meet the Cue standard of review. There are many good attorney's who represent claimants at the CAVC. I recommend one that is licensed with the CAVC and/or also NVLSP. If they have never heard of NVLSP, they are probably not the attorney you want.

Of course, I dont know if this will fly, and I dont know that Veterans will be 1.7% Cola, but it would appear likely. http://www.military.com/veterans-report/view-2013-proposed-military-pay-charts-100812

Lenkl If you "start a new topic" you are more likely to get your question answered. I dont know the answer to your question but maybe others can help. PR So, if I understand what you are saying, when the VA awards a single 100% and does not address SMC, this is not CUE, but would actually amount to a "deemed deferral" (deferral sub silentio) of SMC since you said it would remain pending. This may be good for claimants, because then the "one year appeal clock" would not begin to run (but I am not sure if it would not begin to run on the whole decision or just the issue of SMC) If the appeal clock does not start, then, theoretically, the Vetran could file a timely filed NOD 20 years later. Also, it is not clear that "100 plus 60" is always an "absolute award". For example, in the case of IU...was the Veteran unemployable because of his PTSD, at 30 percent, his DDD at 70%, neither,or both? Bradley vs Peake makes it clear the Veteran may have multiple disabilities, some, all or none of which may or may not contribritute to unemployability.

Jim... When there is not a "regular" form for something, people use a 21-4138, and attach her grades/proof of school attendance. Expect it to take the VA forever to process it, but you may eventually get back pay.

While I am a beleiver in IMO/IME's, I do know for many Vets this is not an opition. They just simply can not afford it. However, I do think there is an obvious alternative: Example: VA Doc "Smith" says your PTSD is unlikely related to service...that you had another incident he thinks caused it. (That is, Doc smith is "Veteran unfriendly"). Doc"Private Practice" will do a good IMO but he charges $4000 for it and you dont have 4 grand laying around gathering dust. What to do? Contact Doc Smith, and tell him you would like to change docs. In my VAMC, you put in a form and drop it in a box. Why would you really want to be treated by a doc that has interests more important than you, anyway? So, they change you to another doc. You tell him WHY you changed. Remember, the VA does not like docs who are constantly being avoided by Vets...that means the other docs would have to take all their patients. The bottom line: If you can not afford a private IMO, look for a VA doc who is Veteran friendly and will provide your nexus. Its just a suggestion.

So its inferred whenever there is a single 100% OR is it inferred when there is 100 plus 60? I thought it was inferred when there was 100 plus 60, so I guess that is what I am not getting. Now that you put it that way, I think you are right..that inferral is triggered automatically at the "100 percent" threshold, not at the 100 plus 60. Are you suggesting this is CUE when the VA fails to follow regulations and infer SMC with a single 100 percent evaluation? I am not saying they have to AWARD SMC, but it would appear that they would either have to award SMC OR give a reasons and bases as to why this Vet, having been awarded a single 100% evaluation would NOT qualify for SMC? (By the way, I was awarded a single 100%, and the Va did not INFER SMC, but instead went on a spiel about SMP (HOusebound). I think the SMP housebound reference in the decision was a "diversion" to "throw me off track".

PR While I have great respect for your opinion, Im not "getting" what you are posting. The 2 ways I know of getting SMC for housebound, is the "100 plus 60" statuatory HB and "housebound in fact". I dont get what whether or not this is a "single" 100% (or combined) has anything to do with it.

John... Exactly. If you expect the Va to follow regs in YOUR favor, you are likely to be disappointed. The VA, however, will follow the regs to the letter to deny you..if they have the chance.

John and PR... Thanks for correcting my "fuzzy math". Of course no one knows whether he will get 10 or 20 percent for the applied benefit, or nothing. For many, however, the differcence between "adding" or combining benefits above 60 will mean the difference between getting SMC or not. So, whether or not he gets SMC will turn on: a) the rating he gets for the benefit sought and b) whether the VA comibines or adds the numbers, that is, whether they use fuzzy math or not.

dthuman You have to be careful on who "told" you that. If it was your VSO, they are often motivated by laziness. It is not accurate that "COPD is set aside once you become 100%" as follows: If you are housebound, the max is NOT 100%...instead you can get Special monthly compensation for things like housebound and aid and attendance. One way to get SMC is through 100%, plus an additional 60%. Another way is "housebound in fact". Aid and attendance, however, is higher than housebound, so if you are eligible for A and A, you should go for that. By "setting aside" your COPD, they may have made you ineligible for SMC, as, 100 plus 60 equals SMC. So you may need the COPD to get a higher level of SMC.

As far as Clear and Unmistake Error goes, you need to understand: 1. CUE is a "standard of review" of the highest order. You should never seek "CUE" when there are other means available, such as timely appeals. I often hear people mention "CUE" in a decision that still can be appealed. You should only seek CUE when you did not appeal the decision within a year AND the other methods, described in the NVLSP link, do not work. Cue is a last resort only, not your "first line of appeal".

71 Im not sure what you mean by a "Clear and Unmistakable for a reopen". These are seperate. You can win an EED with CUE, you can also sometimes "reopen" with N ew and material evidence in 38 CFR 3.156 b and c. 3.156 c allows the Veteran to reopen based on new service medical records that were lost then found. 3.156 b is more gear towards reopening. http://cfr.vlex.com/vid/3-156-new-and-material-evidence-19776250 The NVLSP's take on effective dates is here: http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf This was "pinned" and should be read and studied by anyone seeking an earlier effective date.

Its a common denial trick. Yes, get on the phone, iris, etc. and tell them you missed the appointment as you did not get notice and try to get it rescheduled. If you dont say anything this denial will "stick".

I always view with skepticism anyone who tells me they are with the VA and there to help me increase my rating. I do agree with Chuck and Basser...It is unclear whether the VA will give the Veteran the "benefit of the interpretative doubt" and award claimants SMC with the percentages above 100 as added or combined. It would appear, in your case, fisherman, that if they "add them" your 40 plus 20 plus 10 will yield you the requiremtents for statuatory housebound and these add up to more than 60%. However, if they combine these ratings using fuzzy math, then who knows? It appears your "combined" rating would be 100 plus 50, so you would not get SMC in that case. I think when there is interpretative doubt, the VA usually rules against the Vet in order to save money, until/unless the Vet appeals.

Roses. If you are having anxiety and panic attacks, these are symptoms under "mental disorders" and you can seek compensation for them, if you have not already. Mental disorders are rated by symptoms..regardless if its PTSD, MDD, Schizo, etc. Migraines, PTSD, and the others are similar: To get SC compensation for them you need 1. A current diagnosis 2. An in service event or illness. 3. A nexus between the two. In a nutshell, to get SC your doctor is going to need to state in your records, "Veterans condition x is at least as likely as not due to .......which occurred in military service". If your doctor will say something close to this you will likely eventually get SC for it, if the doc does not provide said nexus, you are likely to be denied unless you can find another doc who will provide aforementioned nexus.

Congratulations!