broncovet

Im in the "Dont rock the boat" group. 100% is the big apple, and you dont want to do anything to jeopardize it. In my state, you can take classes for free if you are 100% P and T, (at least through at least one local college, that does not necessarily apply to them all), so I would recommend taking this "conservative" approach rather than risking your benefits. Most of us remember what it took to GET our benefits, and we darned sure aint willing to give them up without a fight. JMHO

I am still a believer in the "Watched pot never boils", so I make a conscious effort NOT to know whether my claim is at the rater, the DRO, BVA, triage, etc. When the decision gets here, it gets here. I dont watch for the mailman. I do other things. Chill out, wait till you get your decision, and in the interim, take up fishing, sports, or anything other than worrying about what your rating is going to be. You will drive yourself nuttier. You cant really do anything about it now, anyway, until you get your decision, then you can write a NOD if you dont like it. You might try this: Write down 4 possible senarios: a) everything gets denied. <_< You get part of what you want, and other stuff is denied. c) You get everything you want. d) You get everything you want at an earlier date than what you expected. Then, figure out what you are going to do with each. In particular, how are you going to wisely spend (or invest!) the money. That is the fun part! You can even open a brokerage account at Scottrade (without money) and do "Virtual" trading, and try your luck at picking stocks. Then if/when you do get money, you will have some experience.

Since he just got out Nov 08..less than a year ago, AND since we are presumed to be in good health upon entrance to the military, I guess conditions that arise within a year out of the military are presumed to be SC..but I dont really know for sure, just a guess.

Well, there you have quite a few answers. They range all the way from as little as what the VA tells the world..that it takes 6 months, up to the guy who applied in 1972 and still has not gotten his benefits...about 37 years. I also know a man who applied in 1973, and still no answer from the VA. So, somewhere between 6 months and 37 years is the average, but you really need to count the appeal time also...you are kidding yourself and setting yourself up for a fall if you dont count appeal time, as most claims are NOT awarded the first go around. To get benefits, the majority of us had to go through an appeal process, and the VA NEVER counts the appeal process in its numbers and is, therefore decieving the public because far less than half of claims are approved the first time, EVEN THO it was the VA that caused the VEteran to have to appeal anyway. If they would have just award the benefits (Do it right the first time), a lengthy appeal process would be unnecessary. I find it interesting that the VA's errors are ALMOST NEVER in the Veteran's favor..if they were true errors, it would appear that an equal number of errors would be resolved in the Veterans favor as those unfavorable to the Veteran. It reminds me of stores "price scan" errors. Quite a few years ago, NBC news went around to dozens of stores, bought stuff and compared it with the prices quoted. Most of them were correct but of those that were wrong more than 90% of the wrong price were in favor of the store, and less than 10% were in favor of the customer. Since, statistically, there would be a 50/50 chance of an error being overpriced as underpriced, it leads one to beleive the "errors" were not just mistakes, but rather, overpricing on purpose. Same with the VA. If these were true errors, 50% of the time mistakes were made it would be in the Veterans favor. However, that does not happen.

You have been given good advice. Also, go to your STATE's Veterans website, and see what benefits you get there. My state offers free license plates and lowered property taxes for 100% P and T Vets. You can check on your state here: http://www.hadit.com/forums/index.php?showforum=64

My experience has been that the appeal "path" goes something like this: 1. RO issues decision 2. Vet files NOD. 3. Ro asks Vet to elect DRO review, DRO hearing, or BVA appeal. (A DRO hearing request slows the process down immensely as DRO hearing officers are backed up, and you have to wait still more time after the hearing for a decision) 4. If the Veteran is satisfied with the results of the DRO Review/hearing, the case does not proceed to the BVA. However, If the Vet is still dissatisfied with the DRO decision, then he files a form 9, the substantive appeal, to proceed to the BVA. 5. The RO then "certifies" the appeal and it moves to the BVA. You indicated that your claim is still at the DRO. You should check your old paperwork to see if you, in fact, elected a DRO "hearing" or a DRO "review". Ask your VSO if he/she can document your request for a hearing. If you have documention to support that you elected a DRO hearing, but were denied a hearing, then it would appear you should consider hiring a lawyer represent you at the BVA. If you can not document your request for a DRO hearing, then you need to rattle the cage to get your claim moving to the BVA. I recommend you "rattle the cage" in this order: 1. Call your VSO and ask him to request status. 2. Send an IRIS email, and request status. 3. Call the 800 number, and ask them to request status. 4. Send a "Statement in Support of Claim" stating that your claim has not moved from the DRO in 2 years, and indicate an intent to file a Writ of Mandamus. 5. If no action, file a writ of mandamus. You may be another "shredding" victim, also. Often the VA shreds your evidence, then delays your claim because they say they have " no record" of it. If this is the case, File a Special Handling request before Nov. 14, 2009.

sqmdae 1. Call the suicide hotline..get help if you need it. Dont let the VA win by doing yourself in, your heirs wont get a dime and the VA wins if you die. 2. Tell your doc the meds arent working, tell him you are suicidal/homocidal, and ask him to try a different med. Suicidal/homicidal ideations helps you to win benefits, so dont be afraid to tell them.

The 24 month figure is rather optimistic and assumes you will get approved for the rating you want on the first go around which almost never happens. Usually there is at least one appeal, most of the time that is remanded, and you begin the hamspter wheel all over again. Realistically, counting almost inevetible appeals, it takes 5 years to get benefits. 2 years for a decision at the regional office...another 2 years for an appeal and remand, and another year to implement the remand. Mine took seven years, including appeals. Since the backlog of claims has about doubled in the past year and is now almost 1 million, if the VA can keep the backlog from going to 2 million claims (and I doubt it..the backlog of claims keeps getting bigger and never smaller regardless of multiple politicians who have all promised to reduce the backlog), you can realistically see benefits in 10 years. However, if the backlog of claims keeps on the pace it has been, you probably wont get your benefits for about 20 years. There was one Veteran, in Ohio, who ACTUALLY got benefits in the VA reported 6 months, however, she was a very rare exception. Since you have not gotten your benefits in a year, obviously you are not going to be that extremely rare exception who gets their benefits in 6 months.

I agree with Berta. If you have OSA secondary to sinusitis that causes you to use a CPAP, that would be a combined rating of 70%...50% for OSA with CPAP, and 30% for sinusitis..those combine to 70% using the VA fuzzy math.

The student loan website, at least what I read, does not exclude loans in default for P and T Veterans, tho it could say that somewhere else. However, you may be able to prevent, or possibly sometimes even cure, student loan defaults with other programs. There are several. They include unemployment and hardship. Go to the student loan website or call your student loan servicer. If your student loan is in default, you probably wont be able to get another student loan. You want to stay on top of your student loans, if you are in default of student loans they can deduct that money out of your tax refund check.

You can get Social Security Disability along with VA disability compensation because, if you are service connected you often meet the SSD defination of disabled. However, VA pension is offset by SSD, since VA pension is "needs based", and if you are getting SSD your needs are partially, at least being met by SSD income. Social Security offers expidited processing for disabled Vets.

I agree with fanaticbooks but recognize that Veterans are a quite diverse lot, and what works for people like Berta may not work at all for all Vets. Berta is great at using her computer, fantastic at research, probably well organized, and certainly determined and experienced with VA regulations. I also applaud her, as her great knowledge on VA benefits has helped many, many Veterans, including my self. However, Many Veterans dont even know how to use a computer, and some dont even read all that well, and it is highly impractical, if not almost impossible, for them to research CF38 and hadit to file their own claims. Thousands of these Vets are homeless and live under a bridge. VA has its own language, like computers, and I was more than a little bit overwhelmed with it when I first applied. I did not know the difference between a NOD or a VARO. I relied upon my VSO, and, even tho their service has a lot to be desired, their VA knowledge was infinately more than my own when I first applied. I didnt even know the address of my VARO, or even what it was. Thanks to stumbling on hadit, I was able to learn, and, even supply some advice that has probably helped other Veterans, tho I certainly dont claim to know it all, but I am a graduate of VA's H &K University (college of hard knocks). They should have a 4 year college degree entitiled "How to win your VA claim", and Berta should probably be the teacher. In the past 4 years or so, I have studied the VA claims process and I would suggest that I probably have the equivilant of a Bachelor of Science in VA claims degree. (Berta probably has a PHd in VA claims). If, like Berta, you are capable of filing and appealing your own claims, then by all means do so. However, if you know a Veteran who's computer skills are lacking/non existant, then he or she is much better off going with a VSO, even if it is an overworked one, at least with the initial claim. JMHO

I agree with Pete.

Wow...Thank you hadit members. My question is why did the student loan people fail to tell me about this? They just kept declining my application, and now, I know all I need to do is resend the form with a copy of my 100% P and T VA letter. Thanks!!!!!!!! I hope this helps another Vet!!!!

Yes, you can apply for student loan forgiveness for either a Vet or non Vet, if you are P and T and not able to work. Ask your loan servicer for the forms to have your doctor fill out.

I dont get it. I have been rated 100% P and T by the VA, awarded SSD, but the student loan people denied my student loan discharge twice. The first time they said my doc did not specifically state the reason I could not work on my form. So, I sent it in with another doc, this time they denied it because he was a PsyD, and not an MD. Has any one gotten this, and what does it take to make this happen, Blood? Thanks.. Bronco

Congratulations, Belle! I agree with Pete..spend that retro wisely as they dont come often.

Unfortunately, the VA imposes strict deadlines upon the Veteran..if you file a Nod 366 days after your decision it is too late and its final, however, the VA has no time limits on the time it can take for claims. I know a man whose claim has been delayed since 1973 and they are still working on it..thats 36 years. And that is not the longest, either! It really is true the Va tries to delay your claim until you die, because they dont pay anything to the estate.

The "big whig" wrote, "I want to assure you that there is no question that Mr. Letterman is significantly disabled." Yet, they wont pay him his benefits, for what reason? I dont blame him for being mad and driving his tractor to DC.

I think if you look up the regs, it is symptoms, not treatment of a disability while in military service. One of the reasons for this is that there is little/no treatment for some diseases/disabilitites. For example, how do you "treat" having only one kidney? How would you "treat" having only one arm? It really sounds like they are trying to pull one off on you. You have to have symptoms to recieve compensation. The treatment, and/or its effectiveness thereof, is dependent on doctors orders. If your condition is asymptomatic, often you dont get compensation. Dont think for a minute that the Va always follows its regs, most of the time they do what they want to deny you, and you have to call them on reg violations. For example, the higher courts, CAVC and above, pretty much stay with the legal issues. They pretty much wont change a judgement call by a rating representative, unless there is a legal basis to do so. So, those cases in the CAVC, the federal court, or the supreme court are pretty much all about the RO violating regulations. I personally, have a hearing loss. The VA does not treat it. There pretty much is no treatment for my type of hearing loss. Oh, yes, they do provide hearing aids, but that does nothing to treat my hearing loss, it merely makes it a little easier for me to adjust. I still have hearing loss with or without hearing aids. In my case, my compensation is based on my un aided hearing loss, not how well I hear with hearing aids. IDK if HBP is rated with or without meds but do remember this: If you are SC for HBP even at zero percent, and you are on meds for this and your medication has a side effect of other problems, such as ED, you can ask for compensation for ED secondary to HBP. So dont forget about those secondary conditions, sometimes they amount to more than the original condition. An example of this, suppose you complain to your doctor that you have symptoms of sleep apnea. He may decide to treat you for it, or he may just decide to wait and see if it gets better without treatment, or he could even fail to make a diagnosis of sleep apnea, for example, he may have not been trained in sleep apnea. This is his call, not yours. You could well have sleep apnea, and he decided not to treat it. Does that mean you will be denied SC for sleep apnea because the doctor wouldnt do anything about it? The docs plan of treatment, or lack of one, is not your fault, and it could well get worse after the military.

VAF Yes, that is in the time frame..you can still send a "Special Claims Handling" request for shredded evidence up until November 14, 2009. More information is here: http://www.vba.va.gov/VBA/SpecialProcedures_qa.asp

Try this link: http://www.supremecourtus.gov/opinions/08pdf/07-1209.pdf

There is so an honest man in DC! He is a homeless disabled Vet, living underneath the bridge so nobody knows about him.

Hooray for the "Tractor Vet". I am thinking of joining him, at least part of the way! Heck, I can drive a tractor, and let him rest in my van.

For Hep. C claims I recommend this guy, he is an expert on them. I know he is very sick, with Hep C, so you will need to be patient for him to answer. http://hcvets.com/AskNOD/index.html