Commander Bob

Charles Cooley article: http://poststar.com/news/local/article_6dfd0a20-8fda-11e0-a869-001cc4c03286.html

I understand. I will continue to search for help somewhere. A brother vet, Bob

Glad to hear that you have a service officer helping you. Has there been any discussion about filing for NSC? Will the VA continue to treat your husband after July? Do you have any help or other support outside the VAMC system. Have you seen a VAMC social worker about your husband's condition?

This is truly heartbreaking. Your husband must not give up... He can still see his Son and Daughter graduate from school, if he fights to hang in there. If need be, your son can seek out grants, work during College, for now. There are other options. There has to be. What about hardship considerations, or NSC pensions? VA nonservice-connected (NSC) pension benefits are available where the veteran had at least 90 days of active military service, at least one day of service was during a period of war, the veteran’s military discharge was under conditions other than dishonorable and there is medical evidence that the veteran is totally disabled as the result of a disability not caused by his or her own willful misconduct. NSC pension is income-based, meaning that the veteran’s household (rather than individual) income cannot exceed the maximum annual amount set by the VA each year. Thus, NSC pension is designed to bring the veteran’s total annual household income to the level of the maximum annual amount. The current maximum annual amount for VA non-service connected pension is available on the VA’s website. We need more info regarding his 90 days of active service. My thoughts are with you and your family, C.B.

You post that your husband's onset was 1993. Was he ever in fear or threat of loss of life during desert storm/shield? Did he witness any thing during his wartime experience? My most positive thoughts are with you and your family. Bob

I believe Kenneth Carpenter, Esq. was the NOVA lawyer representing Hillyard. http://www.vetadvocates.com/ Bob

JMHO... I would think it naive to believe the "Joseph C. Hillyard v. Eric K. Shinseki, CAVA Opinion Number 08-1733", decided on March 29, 2011, will stand as "the law of the land". On May 10, 2011, THE 9th CIRCUIT U.S. COURT OF APPEALS ruled that the VA deprived vets of their constitutional rights. The cracks in the VA's facade grow wider. Beguiled Judges and law makers are beginning to see the corruption in logic displayed by cases like the Hillyard v. Shinseki, CAVA debacle. I also believe the adjudication process,is adversarial.

jmo, with the limited info you provided here, "Is "buying a job" (franchise)considered employment by the V.A.?" Yes... I remember in the early 1980s, a vet lost his IU and was hit with a big "overpayment" penalty, when he had a recreational business ran by his wife and kids...

Good luck tomorrow Susan... Is the NVLSP still helping you with your claim? I am confident that you have done your homework first. From your previous posts here at HADIT, you have demonstrated you know your way around the bureaucratic world and you will not be spinning your wheels when seeking the needed C-file information. Best wishes, C.B.

Congratulations Armyvet1987. Just in time. Best wishes, Cmdr. Bob

Failure to receive notification, due to a wrong address, led me to call the VA 800 number. I was told that there are at least 4 different data bases within the VA system... VARO, VAMC , VSC, etc... that could have a vet's old address or wrong address. One would think that in this electronic age, all info would be coordinated. It could have just been VA double-talk, from the 800 guy... Who knows? However, if a vet moves, I would suggest the vet makes sure his/her new VSO has updated your correct address, system wide, to insure your reimbursement check is sent to your current correct address.

Thank you for your service to our fellow vets and their widows, 'bobbyq'. Best wishes for a successful outcome. C.B.

It sounds like you went on another frustrating VA roller coaster ride today, 'rydastar'. Sorry to hear about it. I know the feeling of getting prepared to go to a VAMC for a C&P exam and at the last min. get canceled. I hope everything goes well tomorrow. My most positive thoughts are with you. Hang there, Bob

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Donald You don't offend me. You worry me. This is about 'Armyvet1987', a 23 year old young man wanting to overcome his disabilities, who hopes "one day (soon)"... "can start working again and live a normal life." I related my experience, not out of ego, but because I I knew where he was coming from. At a young age, I too had to confront options like "Social Security disability". I was encouraging our young member. I am not your pal, however I could be a friend. I wish you well. C.B.

Selling? I am donating 40 + years of experience, perspective & surviving in the world of the VA , & jmho... When I was 18 years old, I was required to enter a mine field to render aid to the wounded, comfort the dying, and retrieve the dead. Incoming enemy fire was reported. I was severely wounded after the 4th explosion. This began my 40+ year odyssey with the V.A. Good Luck, C.B.

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did you rule out whip lash? anything like that ever happen to you? http://www.dizziness-and-balance.com/disorders/central/cervical/cervical.html

JMHO... The Houston VARO is overwhelmed with claims and appeals...

(with the limited info you have posted) & giving the deceased vet the benefit of the doubt.... JMHO... It appears that he died from the residuals of PTSD. What does the death certificate say? Did he ever apply for PTSD? This is an up hill struggle all the way... then we get to the mountain.. a mtn. that I regret cannot be reached without a team of Philadelphia lawyers... At least not in our lifetime. Again, jmho... My deepest sympathies to our vet's widow. C.B.

Were you wounded in combat? If so, then you would be eligible for CRSC in addition to VA SC comp.(Combat Related Service Compensation) Simply put Combat-Related Special Compensation (CRSC) provides military retirees a monthly compensation from the Army. May I ask how much separation pay did you receive in 2008? jmho...Eventually,in the long run, everything can be worked out in your favor if you can get that magic Chapter#61 retirement... C.B. P.S. I wish we knew more... This post has been edited by Commander Bob: Today, 08:02 PM

'Dtomlinson', Here is more info on PDBR (Physical Disability Board of Review) http://www.health.mil/About_MHS/Organizations/MHS_Offices_and_Programs/PDBR.aspx

Yes 'godeep'. "Hearty congratulations" Indeed...

You raised a very valid question, 'NSA-Saigon-ET'. I was just quoting 'Armyvet1987'. C.B.

At least you have a file date established... Did you submit new evidence? You can always get representation later, if you need it. Good Luck.