out_here04

I think the lawyer mainly said to start over because I last worked briefly (four months) in early 2005, I retired from the military in mid-2004... so, when I first filed I had just made it into the 5 years since working category. By not appealing, I put myself out of the five year window. (I know...)If I had paid more attention I would surely have appealed but I was not in a frame of mind then. I'm in no better shape now, but it would take convincing SSA to reopen a case (due to illness)that has lapsed past the 60 days to appeal. So, starting over seems logical unless I'm missing something. If I were to go to the social security office locally I might stand a chance depending on who I saw, as mentioned by a previous poster. That would be ideal, but otherwise I might still have to start over. It's worth a try though. The lawyer said if I was denied after starting over he would take my case.

he thinks i waited too long, over a year ..my funk about it... and ssa would likely not reopen my case from that long ago unless i was hospitalized or such.

the lawyer suggested i file again with the recent decision, starting over and if denied he would take my case. thanks for the feedback

got an appointment with a lawyer tomorrow to see if he can get it reopened or start all over...

About two years ago, I was turned down the first time for Social Security while VA rated me 100 percent temporary schedular for anxiety/depression. I have SMC for an additional 60 percent. I recently was rated 100 percent P&T for anxiety/depression. Regarding the Social Security, I did not appeal before the ninety days I think you have. I read that the best chance to succeed is to appeal within that time. SSA used a VAMC psych doc's report that said I may be able to do a limited, highly supervised type of work (this was while I was trying to suck it up and go to school and back to work, which I have not done any since 2004). This turned me off to thinking I could ever get Social Security and depressed me even more and I did not pursue anything regarding SS. Although my current psych doc says otherwise, the first psych doc was reporting while I attempted to qualify for Voc Rehab, which I was later turned down for (because I was not deemed stable for three months in succession, I believe). This actually helped me receive my original 100 percent temporary schedular. Since I got P&T dated back to February, it has me thinking I might be able to eventually get Social Security in addition to VA 100 percent p&t +60 percent otherwise (SMC awarded). Regarding missing the 90 day appeal time, I believe I may be able to contest that due to my mental health condition I was not able to pursue administrative details to appeal alone. I understand that illness is an acceptable alibi, if proven. Without help I may not be able to now, although hadit is very supportive and helpful. Should I get a lawyer and what other advice would you give me? The best result would be that I could be awarded SS back-payed to my file date two years ago and that may take a lawyer to convince SS of such. Or I could be starting all over again. VA is not supposed to use one report against you, but apparently SSA can. Thanks

Congrats, sgmdae

I was rated 100 percent temporary schedular for anxiety/depression 2 years ago. after my recent follow-up c&p was rated at 100 percent p&t. Am I done or should I pursue tdiu? When I got 100 percent temporary the decision letter said tdiu is a "moot point". would this also apply for 100 percent p&t? I'm thinking it does.

I looked back at my hadit membership since just over two years ago thing in my profile. I joined when I came in here rated at 60 percent, 50 percent anxiety/depression and 10 percent tinnitus. Through your support and guidance I was able to cognitively pursue this recent award up to 100 percent anxiety/depression p&t and 60 percent additional qualifying me for the other schedule award of $300 a month. I COULD NOT have done this without your patience, guidance, understanding and even putting up with some of my worst moments (many that I hid). Good luck to any who are starting on a similar journey or are facing setbacks you can't understand. There is light at the end of some of these VA tunnels.

another question is, should i NOD the decision based on the date being just recently and i had actually applied for tdiu about three years ago, would that be some backpay issue? i have been rated 100 percent temporary schedular for anxiety/depression for about two years with backpay to about three years.i also get statuatory housebound for having other issues totaling up to 60 percent in addition to 100.

wife finally brought in the mail and in it was the decision envelope from my dreaded c&p examination ...and it says i have been rated 100 percent anxiety/depression has not changed and that i am now rated permanent and total. this was followed by: "basic eligibility to dependents' educational assistance is established from (feb. date of exam)." the blue pages with the rating decision reads: "basic eligibility to dependents' education assistance is granted as the evidence shows you currently have a total service-connected disability, permanent in nature. we have granted an effective date of (feb. date of exam), the date the evidence shows you are permanently disabled." so, i have that to celebrate, i guess. other questions now coming up are: as far as DEA, my wife could use this but we would really like our daughter to use it. but she is married and turns 26 in june, the last year (if she qualifies as a dependent)., there are waivers i've heard but would the experts please repost the applicable va regs dealing with this? thanks for all support, out_here04

http://chronicle.augusta.com/news/governme...ed?v=1271806197 an Augusta Chronicle story on the issue.

I sent this news item to tbird already: Tbird, I'm just the messenger, but I heard something on the news this morning regarding a proposed home for homeless veterans, I believe near an existing large building near the Charlie Norwood VAMC in Augusta, GA. I can't find it yet on their website or in the local newspaper, the Augusta Chronicle, or the other affiliates yet. The "Uptown VA" in the following report is the Charlie Norwood VAMC in Augusta, Georgia, off of Wrightsboro Road. This short report doesn't go into whether the VA, itself, is behind the plan. From NBC Augusta, Channel 26, Morning News, April 21, 2010: "Last night Augusta commissioners put talks on hold for a project that would provide a home to homeless veterans. Commissioners heard plans to re-construct an old building for homeless veterans on Maryland Avenue, near the Uptown VA. But some neighbors oppose the plan. Opponents say the area already has too much traffic and the plan could pose a safety issue for children.A decision should be made by the commission at their next meeting which is in two weeks."

i got 50 percent for sleep apnea based on complaints documented in my service medical records of "lethargy, lack of concentration", associated with my anxiety/depression issues and was also not put on cpap until after i retired: first through tricare and then through vamc.

"I had all of the symptoms of sleep apnea while on active duty and was seen several times and prescribed multiple medications for sleep problems." not seeing the vagueness here if this, as it should be, is documented in service medical records.

truth to light is a natural occurance. the pen is mightier than the sword, brick by brick. there are many other reasons, parceled in such analogies, which support such a story, even it is carried by what some say is a biased network in the first place. good luck to bronco or any who choose to go forward to tell the story of many veterans by example of their own experiences.