kookiebean2001

I recieved a letter saying the same thing yesterday, the IRIS response didn't work I guess it's been about 2 weeks I forgot. Still waiting after 120 days as well.

Berta supplied this information: But hasn't responsed on a different reply. "Since the veteran did not claim entitlement to a temporary total rating based upon the need for convalescence until more than one year after the date of the surgeries and her need for convalescence began, her claim does not fall within the exception to the rule establishing the effective date of a claim for increased rating. The pertinent facts are not in dispute and the law is dispositive. We note as well, that the legislative and public policy purpose of providing a temporary total rating benefit is to provide veterans with a subsistence support during convalescence, when employment is precluded. To accomplish this purpose, therefore, it stands to reason that the claim for the benefit sought must be filed in proximity to the need for the benefit. Allowing claims to be filed years after the need for such support has expired, i.e., after the veteran has returned to work, would subvert the purpose of the benefit. In any case, the Board is without authority to alter controlling law and regulations. Accordingly, this claim must be denied as a matter of law. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994)." from:http://www.va.gov/vetapp08/files4/0829289.txt My surgery was performed at a civilian hospital, once again I didn't know I was service connected at the time.

Not that my case is any different but I'm curious, regarding your post on temporary 100% I filed a claim in 2006 and was awarded in 2007. I appealed and did not remember that I applied in 1988 and was then awarded retro back to 1988. I didn't know about the previous 1988 claim and it wasn't a problem until I remember I had surgery back in 1994 as well. I applied for temporary 100%, does the law still apply to me, since it was more than a year?

Still waiting response from a Nov 5, 2008 requesting additional information or to have an answer within 30 days, something like that.

Berta not that my case is any different but I'm curious, regarding your post on temporary 100% I filed a claim in 2006 and was awarded in 2007. I appealed and did not remember that I applied in 1988 and was then awarded retro back to 1988. I didn't know about the previous 1988 claim and it wasn't a problem until I remember I had surgery back in 1994 as well. I applied for temporary 100%, does the law still apply to me, since it was more than a year?

I did an IRIS inquiry and was told I would hear something in 5 days, it's been 8 days so I'll keep you posted.

I'm still waiting as well I applied in November

I applied for mine in October 2008, still at rater, I had to apply and send in all paperwork, haven't heard anything yet, I understand it still takes awhile.

I'm rated at 30% bilateral Keratoconus (vision) I have to wear contact lens. Only one eye is S/C even though I have to wear contacts in both eyes, the other eye is less than 0%. I keep fighting for 30% in both eyes for 60% instead of on 30% fo rthe one eye. The Bilateral Factor wouldn't help me would it?

Thanks for the feedback, I'm sure she is attacking every angle (I'll make sure), I didn't mention everything in my post just a couple examples. I appreciate your support.

I'm sorry you are at 100% right? I'm at 30%, I paid my phyciatrist and I have my second and I think final meeting with her on 12/18/2008. I have another friend at 100% using the same phyciatrist and he had to meetings as well. Very through and helpful. One of the things I had forgotten about was a plane crash on base and how we all had to deal with it, she will add that information to the letter as well.

Now I'm curious, I have a different S/C for eye problem, but the surgeries caught my attention, did either Leroy or Tagandbag apply for temporary disability 100% rating during the surgeries. I am currently trying to get one for mine a was off 3 months with doctor's notes.

Confused! Letter Arrived Today About "vasquez-flores Cavc Decision"I think I got my answer I read some previous posts on the subject last dated June 15, 2008

Oakland Office, Filed for a temporary 100% disability rating, sent in record of convalescent leave and doctor's statements for those months requested.

How long does these type of responses usually take? I checked I will send more information or evidence to VA to support my appeal. Va will wait the full 30 dyas from the date of the letter (November 7, 2008) sent with this notice before deciding my appeal. I did send in all relevent information on November 11, 2008. Just curious.

This is awesome information, I saw my phyciatrist last Tuesday, she made me realize issues that I didn't know existed, glad I had the money and time to go forward. Josephine Your post is invaluable thanks for sharing

I think we got off track with this post Civilian Phyciatrists ?

It was within one year after active duty. I can try to connect it to my s.c. rating (secondary)?

Not to appear less-than-smart. I have high blood pressure, V.A. Dr. says I'll have I the rest of my life. Didn't have it during active duty from 84-88, looks like my medical records shows some signs while on reserve duty 88-96, is it compensatible? Hard to prove

I ment no jokes

Once again Thank You all for your help.

How long did appointment take? Civilian doctor right?

Thank You all for your input

Anyone use a phyciatrist in a non post tramatic stress syndrome claim. Attorney says with my lack of sight, I would be surprised how much it effects other different areas of my life (for example my vision problems effect my social skills, learning, playing sports, etc.) My attorney wants to use a phyciatrist to help further my claim. I said ok until the phyciatrist quoted me $1500.00. Not sure if it's a waste of time and money. Please no negative feedback necessary !