broncovet

Remember, The VBA and the VHA do not know what the other one does, at least when we WANT them to know. If we dont want the other one to know, then they communicate beautifully, for example, in proposals to reduce.

I dont think the VAMC does, but he probably did not apply through the VAMC, but rather through a VSO at the VAMC. There is a chance that a record of this is at his VSO at the VAMC. If there is no record at the VSO, then it is likely his evidence was mishandled, as so many Veterans have been vicitims of this. I am fighting mishandled (shredded), in regards to the effecitive date. Read fast letter 08-41, scroll down to the bottom of the page. http://www.vawatchdog.org/08/nf08/nfnov08/nf111908-3.htm

On the question as to whether you should file a NOD or a "new" claim, it depends on if you like money or not. If you like money, then I would preserve the effective date by filing a NOD. If you dont like money, or dont need any, then go ahead and file a new claim without timely filing a NOD. It is possible to do both, for example, by filing for an "increase".

Pete Yes, it sounds like you qualify for "Aid and Attendance" to me. Quite a bit on A and A is here http://www.hadit.com/aid_and_attandance_va_benefit.html Rates are here: http://www.vba.va.gov/bln/21/Rates/comp02.htm Altho I wont speculate on your condition, I may guess it would be SMC L Bottom Line: Apply for A and A and let them sort it out.

Hawk You dont have to directly apply for TDIU, claims can be "inferred" or "informal", especially with TDIU. Under certain circumstances, if you tell your doctor you are unemployed (due to Service connected conditions) its an inferred claim for TDIU. YOU dont need to file a seperate "Formal" claim fo TDIU. I could not find where you said where you were working or not. "Working", for VA TDIU purposes means "substantial gainful employment"(SGE). If you work two weeks in the year cutting grass and make $400 in the year, that is not SGE, and wont disqualify you from TDIU. However, of course Pete is right, if you are working a "regular" permanent job, then you cant get TDIU. I think they define SGE as earning the pension amount which is about $10,000 per year as a single VEt. So, if you have earned well UNDER 10,000 in the past 12 months, you probably dont have SGE, that is you are not working. If you had a full time $7 per hour job, 40 hours per week you would earn about 14,000 per year and would not qualify for TDIU.

BrookH You will probably get more answers to your questions if you start a "new thread", because it gets confusing if several people are asking and answering questions in the same thread. Just a suggestion.

Am I missing something here? PTSD and Depression and a whole range of other mental disorders such as dementia and just about all mental disorders except eating disorders are all rated the same, and if you have multiple mental disorders they rate the worst one. http://www.benefits.va.gov/warms/bookc.asp#q scroll down to mental disorders. Therefore, it is unlikely that persuing PTSD will improve your depression rating, even if PTSD is SC. You have it right that you need to file a NOD on the lowball rating...you can also dispute PTSD, but I dont see that helping your rating, but it wont hurt, either. Bottom Line: Appeal the depression rating and PTSD. Compare your symptoms to those in the schedule. The VA is required to use the rating criteria ONLY...other things dont matter.

Of course, you need to remember that the docs report is often the "deal maker or deal breaker" to your claim. If the doc reports evidence to award, it is going to be very difficlult for the VA to deny you. Conversely, if your doc reports evidence to deny (such as "It is not likely this Veterans condition is related to military service"), then you are going to need another docs favorable opinion to get awarded benefits. If you are eligible, whether you get benefits or not is more about what the doc says than anything else. Even the judge can not substitute his own opinion for a MD qualifed to make such an opinion on medical issues. I found that out because a rating specialist did just that to me. The audiologist opined, "The Veterans hearing loss is at least as likely as not due to noise exposure during military service". The rating specialist said that it was a long time since the military and he was denying it. The BVA said NO. The rating specialist was substituting his own unsubstantiated medical opinion for that of the audiologist qualifed to "make that call", and reversed it.

The obvious answer is that since you dont have the money for a private physician, to change docs within the VA to a more "Veteran friendly" doctor. This can be done in one of two ways: 1. Go to the second nearest VAMC. Of course that would involve commuting to another VAMC but you would probably get travel pay. 2. Change your physician at your local VAMC. I have done it before. You will simply fill out a form to change doctors...ask them at the Prime Care desk how to change your doctor, and where to submit those forms. It might be a good idea to "ask around" other Vets who have been treated about how they like their doc, did he treat them fair, what was the docs name etc. You can do this while waiting, sometimes hours, to see your doc in the waiting room. Make friends with another Vet who has had some long term experience at your VA. It worked for me. You dont have to put up with bad or "Veteran unfriendly" medical care in most cases. My PCP called me, after I filed the "change doc" request, and wanted to know why I was switching doctors. I explained that I did not feel she was thorough on my care, and I did not think she was "Veteran friendly"...because she put stuff in my records that were not in my best interest and were her opinions that I disputed. She promised to do better, and to clear that stuff up. I consented to keep her, but she knows I will again change docs if she does not keep her committment. I got the idea other VEts switched from her, and she was "under the gun" and maybe even about to lose her job if her "Veteran satisfaction" remained poor. She is from India and her English is poor and would no doubt have a difficult time finding work in another hospital because of this. Now, I get whatever I ask from her. No Guff. She knows I am serious and I will complain, and then she will have to answer to her boss.

Berta, thanks for the post, and I agree 100%, but add that more than just Veterans needing a fiduciary are at risk here. We are kidding oursleves if we think otherwise. Due process rights are violated by the VA with impunity from the law. If the VA does violate due process, the VEteran has to spend years trying to fight what was due him in the first place. There needs to be some enforcement, or some penalty the VA must pay for violating due process or regulations. The Veteran should not have to bear that cost/ burden. For example, I filed a NOD in 2004, and the VA never did file the required SOC. The VA admits to receiving my 2004 NOD, but contends it was "interpreted as a benefit claim" in spite of VA employees who wrote "appeals" right on the document. My complaints that my due process rights were violated fell on deaf ears at the VARO. Seven years later, in 2011, I may finally get a chance to tell my story to the BVA, just because I am raising that issue on the tail end of another appeal. (But I still wont get the benefit of the SOC or the VA "duty to assist") I will probably have the burden to try to prove that this due process failure was "prejudicial" and not "harmless error" and I dont even know if I can do that! I may have to appeal again to substantiate my contention that the error was not harmless! Im gonna give it my best shot, but I just know the VA is going to shout, "harmless error" at me, if they concede the error at all.

Remember, I would only be for this "plan" if the Veteran could decide. While I would agree that it would not be in many Veterans best interest to accept it, we dont want to make the mistake of thinking that all 21 million Vets are "just like me". The Vet would have the option of "just saying no" to a flat, never to increase 30%. Having more options would not be "bad" for Vets, assuming wise choices. I do not, however, think that all Veterans are stupid and need "government intervention" to prevent us from making stupid mistakes. I make enough stupid mistakes on my own, and do not need some government agency making mistakes for me...if our government made all good choices, then we would not be in some of the messes we are in now. I would have to think about it long and hard, but sometimes I would like to have the past 9 years I spent fighting with the VA back. This 9 year fight was not without wounds or sacrafice, I can assure you. Some Vets have said they would rather fight the gooks than the VA... while many Vets have waged war with both. I think the VA likes that Vietnam Vets "are already worn down from their wounds" when the VA fights em.

Here is an example of a Veteran who may well benefit from this. The Veteran has a good job, but is not making Very much money and unable to "make ends meet" short term. He knows his job well, and is 100% confident that he can move up the ladder and get a nice retirement, but he is worried that he just cant make ends meet until then. Maybe he is commuting a long distance to his job, and desperately needs a new reliable car, but no money to get one. He has a moderate hearing loss, but is able to continue his job, but is worried about trying to get another one. Enter: VA offers him 30%, about $350 a month, to not apply for any more benefits, ever. He weighs it over, and accepts it, gets his new car (lets just say a new car for $350 a month), and eventually gets his promotions, retirement, etc. While his hearing still probably gets worse, by not having to wait a decade on the VA to pay his benefits, he can get his new car now, be a reliable employee as his car never breaks down, and make up the potential of his hearing worsening by putting more into his 401k or IRA after he gets the car paid for and gets salary increases. In effect, him being able to get to work every day with a reliable car now, could be worth Thousands per month in retirement later, as getting fired for being repeatedly late wont get any retirement benefits.

Im not so sure this is a bad idea for everyone only if the Vet himself could decide. It would be a choice between "money now" and maybe more money later. It does remind me of the "JD Wentworth" commercials. Do you have a structured settlement but you need cash now? Then he says, "Its your money, use it when you need it." This plan would be "Jd Wentworth" of the VA, as it should be obvious that JD Wentworth is not doing this for free. Should we ban JD Wentworth, because people with an annuity would get more money if they just waited? I dont think so. Even tho some people who "take" the early money would likely regret it, some people who buy a new car, regret that decision as well. There may be compelling reasons to accept less now. One of these would be that the Veteran is too weak, emotionally or physically, to fight the VA in appeals for 7 or 8 years, and just wants to get it over with. There is something to say for a "peace" that you have knowing its over. Remember that many, many, many Veterans "give up" on their benefits and quit fighting and get zero. While we dont see many of those here, because hadit members are fighters, we need to take into account there are about 21 million Veterans, and most of those are not hadit members, tho I will agree that they would be better off if they were. Bottom Line: Let the Vet decide if he wants (presumably less) money now, rather than maybe more later. Who are we to decide other Veterans financial decisions? Social Security already does this: If you take your social security at age 62, you get less than at age 65, etc. Each recipient decides what is best for his situation. I dont think we need the government making our financial decisions for us...remember the fiduciary scandal where the government "takes care" of the Veterans money for him hasnt worked out all that well for many Veterans.

Great question! And these things should also be available online, kind of like bank statements. I have had poor results calling the 800 number and asking for copies of things...on one occassion they said they would send copies but did not. I finally found my original. The only way I know to find out what these letters may have said, is to try IRIS or the 800 number. Sometimes I think these things are rigged against us.

Just because you get SSDI does not mean you are eligible for TDIU because TDIU is for service connected conditions only, and SSDI just means you are disabled for any reason. In the past if you read your SSDI decision, and if it states you are disabled due to conditions for which you are service connected, then the VA is going to have to look at that. Basically what we think means pretty much nothing anyway. It sounds like you are going to have to convince a BVA judge that you are entilted to an EED. I suggest you start reading CAVC cases, especially "panel" or "en banc" decisions, which set a precedent, trying to find one most like yours. Then, when you appeal, if you are appealing pro se, then cite those decisions in your "arguement" for an EED. I also recommend you read up on Informal Claims and Inferred Claims, and how they can establish the effective date. I do not recall reading anything about SSDI being regarded as an informal claim. Remember your effective date is the later of the facts found or claim date. If you read about that year earlier thing, you will see that only applies in special circumstances. When you are dealing with the VA, it is not about what I think, or what you think. Its about what the judge says, and he is gonna "say" pretty much what another judge said, in a similar circumstance.

In a word, No. Reasons: First, phone calls are notoriously unreliable. The person who took your call may or may not have had all updates in your file. If you call back tommorrow, you will likely get a different answer. Second, with the Nehmer claims having priority it does not mean a lot because those have priority as they are "politically hot" right now, so others are put on hold. Third, There is no guarntee the rater wont take one look at your claim and say, "It needs blank" , and sends it back for more development. For these reasons, plus all the other reasons, such as the backlog, etc. etc., makes one doubt that you can count on it getting done anytime soon. That being said, if a "sugar coated" answer makes you feel better, then...sure. "This means your check is in the mail..watch your bank account". I dont like sugar coated answers and that is all I got...for years. I have been called negative, and lots worse. My father used to always "tell it like it is". Gee, I miss him. Once, he asked his Dad, "Should I build a house?" His father responded, "That is the dumbest idea I have ever heard. Forget it." Well, there was NOTHING that anyone could say that was any more motivating to him. He became one of the best builders in the city...all beginning from that statement. My father never gave sugar coated answers, and I hope the one above is the only one I ever give.

Berta What "wording" is recommend by the NVLSP for the form 9? Is there a link to it, because this is news to me. Thanks.

Congratulations on being able to keep your home! I hope NO MORE Veterans ever again have to lose their home waiting on benefits!

Ok. I have two suggestions 1. Order your credit report and dispute any items you think are wrong. They have to remove negative items in 30 days if they cant verify them. Depending upon your state, they also have to remove negative items on your credit report more than 7 years old. Dispute any over that old. You can order credit reports from the big 3, and if you have been turned down for credit recently, you can get these free. Then, you have to wait, keep paying your bills on time and your credit will clear up. 2. Look for property with special or owner financing. Sellers are desperate to sell now, and many would much rather take payments from you than lose their property to the bank. If you see an advertised property, by owner, simply ask him/her if he can sell the property with owner financing. Some owners will, some wont. It depends on their situation. You can simply ask the seller point blank if owner financing is an option. If he says yes, then you can look at the property and probably work something out. If he says no, he has to "cash out" for whatever reason, then give him your number and tell him if he changes his mind to call you, pointing out that you will be looking at other properties and he had better not wait too long. There is nothing wrong with you telling him why your credit is bad...that the VA denied or delayed your benefits for years, but finally approved you. That is, if it is your choice to disclose that.

On another board I asked a similar question to the one John brought up: Rating specialist are "afraid" of approving 200 grand plus retros. The senior rating specialist on the other board that answered the question denied there was any thought to whether the retro was $200 or $200,000...that any rating specialist can approve or deny either. But in other places the rating specialist basically admitted that the VA was always "robbing peter to pay paul" and they had to "find" things in the budget to pay for this or that by cutting something else. Some years ago the VA used to require multiple, multiple signatures even at VACO in Washington for retros over 10 years or 250k retro. Then the CAVC said that was illegal, that they could not do that any more. Someone else may even post the case for you to read it if you like. There is no doubt in my mind that there is much more thought and approval levels now for 200 grand than there is for 200 dollars. You see this at almost every government agency. I pointed out that new, rookie contract specialists dont award 4.5 billion dollar contracts. They award 3 toasters for $14 each until they can prove themselves and work up the totem pole. I expect no difference at the VA. Tho they dont admit it, there is no doubt reluctance for a rating specialist to award two hundred grand retros. They have a name for this in government. It is called "pass the buck". You deny the claim, and it winds up with your supervisor. In a nutshell, John is right. You are unlikely to collect two hundred grand without a lawyer.

Kim A couple comments. First, are you currently working? Working one weekend per month as a National Guard is probably not "substantial gainful employment" unless you make over about 10,000 per year. I did not see that in your posts. If you are not working, consider filing for TDIU (Unemployability) if you (or especially your doctor) feels your PTSD is keeping you from working. Even tho it can take years to get benefits, the earlier you apply the bigger your retro check will be if/when you get your benefits. Next, dont overlook the other stuff, either. I have not seen your medical records, but it may well not be "just" about PTSD. You may have tinnitus (ringing in the ears) from the explosion, for example. Who knows what else. Check your medical records. Finally, get ready for the appeals. Almost everyone has to appeal. Its the VA way. Keep reading hadit, and welcome. There are quite a few female Veterans, plus widows. I think that women talk more than men, and that includes posting on hadit. Some here are "generations" of Veterans. I am a Vietnam Era Vet, while my son is a soldier who is an Iraq Vet...and probably going to go to his second war before he is old enough to drink beer in most states.

Your hearing aid evaluation is important and necessary for you to get hearing aids. The audiologist will run tests on you and determine 1) if you need them and 2) if you do, the hearing aids need to be programmed for your specific hearing loss. Unless you have an up to date hearing exam you will need it done again. Even then, most carpenters dont want to use another carpenters measurements, so the VA audio will probably want to test you again. Its not bad, its good as your hearing changes. For the hearing aids to work, they need a good exam. They are like eye glasses in that they are custom built and programmed to your situation. The audioligist will help you decide which type of hearing aid, if any, is best for you. BTE (Behind the ear) In the Ear, or in the canal. Some aids have a programmable remote control. The "in the canal" aids may not be available at the VA, since they are often the smallest units and smaller costs more with hearing aids. The audiologist will have to make a mold of your ear canal for a good fit. They must fit right or they dont work well.

Wow...no wonder they call it a hampster wheel of remands... I think I recall reading that the VA cant "take away" benefits when the Veteran appeals. In other words, say the RO awarded you 30% and you appealed for 70%. The Board cant say...gee...I not only think you dont deserve 70% but I think you only deserve 10%. When the Veteran appeals to the BVA he can get denied, of course, but the BOard wont take away what the RO has given you except in some very exceptional circumstances such as fraud. One important thing is that the VA cant appeal your RO or BVA decision. YOu can appeal, but they cant. The VA can appeal Federal Court decsions, tho.

I think the word here is "waiver". You are asking the Va to "waive" the age requirement for the specific reason that she did not know about the benefit. Of course, you are going to want to comply with what they said on the phone..get letters as Larry said from people who can attest to the fact that Jen did not know. Finally, if the "waiver" is denied, I think this is an appealable issue, just like other VA benefits...you start it by filing a NOD.

Effective dates can get very tricky. Without quoting the regulations directly, your effective date will be the later of the "facts found" or the date you applied. Of course, I dont know your medical history, and I dont know when you applied. Basically this means that your effective date will be the date you applied, Unless your doc says to the effect, well he wasnt sick before, when he applied, but when I did a medical exam on 11/21/10 he had the disease. So it will be the later of when you applied or when the doc says you got sick. There are some exceptions to this, like if you just got out of the service within a year. The "informal claims" is often the tricky part, to see if it qualifes for an informal claim for increase. There is a huge amount of case law on effective dates, and if you are considering appealing for an EED, then I suggest you do your homework and research CAVC cases like yours on effective dates before appealing to increase your chances of winning.