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Commander Bob

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Posts posted by Commander Bob

  1. Good Morning Ms. Susan,

    I searched around hadit's archives, and found skeeter's posting of Mar. 26, 2006; [ "In this case I found out that if your appeal is filed late, you can get around the filing date if you can show that the late filing was directly due to a mental disorder or or to being tricked or misled by an agent of the VA." ] I don't know, it could be another rabbit trail. Maybe you could check into this approach with the PTSD, NOD issue. Best wishes for a successful New Year, Cmdr. Bob

  2. I believe you are correct about the CRSC not being much, btu I'm all up in the air. It's like should I do this or that? should I wait or not? so confusing at times.

    Like part of me just wants to get the claim updated first then deal with the crsc animal afterwards. I dont trust VSOs to help. I know most mean well but I'm not going to go shopping around. I'm not wasting more of my time trying to figure out if they want to do all my running around, whcih I dont think they do. I know that was a confusing statement, sorry.

    10% would CRSC of my combined 40% DOD retiree pay, but I'm on TDRL so Im rec 50% now. It's currently being offset by my 50% VA comp ratings (10ptsd, 40 shoulders and 10 tinnitus)

    new award should (speculating)

    10 tinnitus (continued)

    20/each shoulder (40 for bilateral factor) continued

    50 or 70% for ptsd

    increasing my combined rating to 70 or 80%.

    I still have yet to have first TDRL re-exam (should be feb 09 or so, retired date 8/1/07.

    I most likely will have that increased which inturn would increase the CRSC as well. See why its confusing what to do?

    Good Morning Marine, File the CRSC application NOW. I just called CRSC, and after maneuvering thru the taped menu awhile, I got thru to an analyst. Good guy named Charles. I told him of your situation and your pending increase in VA rating. He suggested that you file now for CRSC. It's taking around 60 days to process an application. Keeping in mind that you said it may take a year to finalize your VA, PTSD increase, you should file for CRSC now. After you get your CRSC award letter, then you can submit the VA PTSD increase award letter. You will get a retro check for the 10% now, and retro for the 50% or 70% payable back to 1 Jan. 2008. Remember this is separate from the VA or the TDRL or the permanent retirement, when you get that. It's tax free. You earned it Good Luck ( stay out of Vegas) and have a great New Year. Cmdr. Bob

  3. Good Morning Ms. Susan, I have followed your ordeal with the VA and your posts here at Hadit. I am an AO upper respiratory cancer, boots on the ground, combat wounded Vietnam vet, old solider. My heart goes out to you and to the memory of your beloved Bill. He was blessed to have a loving and caring wife. I' am disturbed by the problems you and many other caregiver survivors of Vietnam vets, who have suffered at the hands of the VA, and the vet having combined disabilities of AO cancer and PTSD. I am walking in Bill's boots as I write you this note. When you came aboard here, you were delivered into the hands of angels. I assure you that in no way they would try to make you feel stupid or being less than truthful here at Hadit.. Don't be so hard on yourself. ***[Footnote to Berta. ( You are truly an Angel on earth). A Vietnam vet could serve more than the one year rule in country. 2,3,4 years in Vietnam was achieved by volunteering to "extend". **It also appears that Bill may have been drafted. Draftees had a 2 year active duty commitment. And though the majority of draftees were placed in the Army, Some poor draftees were dispatched over to the USMC. Volunteers usually signed up for 3 or 4 years and had a choice of occupation. When I joined the army in 1966 for 3 years, with the occupation choice of becoming an Airborne Ranger, Light Weapons Infantry. I only served 2 years due to chapter 61 retirement.] ( I never got to go to Airborne school). *** Your experience has inspired me to put to together a "Check Out" file with all the DIC info,... etc. that my precious wife will need when I will have to leave her behind. On a personal note, I am very proud of you, Susan, and your commitment to fulfill Bill's wishes for you to receive DIC. I wish you Peace, Cmdr.Bob

  4. "I want to do the right thing, but I don't want to shot myself in the foot. Any advice would be greatly appriciated." OldDave.]

    Good Morning OldDave, Thanks for posting this topic. We had a spirited discussion yesterday. I hope it helped you with your question. rentalguy1 and Pete53 summed it up well. I wanted to revisit this thread to add a post script about my experience disagreeing with the VA's higher rating and having it lowered. Mine was for PTSD. Many decades ago, when I, and the rest of the country, was concerned with the stigma associated with the condition, I fought successfully to have the rating reduced. Denial, and career decisions along with having a bad day at the C&P exam played a part in my thinking at the time. Upon my notification and without a C&P do-over, the VA granted my request for a lower % rate. Recently, after my CRSC retirement was awarded by the Army, I found that the VA miscoded my combat related PTSD. When I asked the VA to correct the diagnostic code # to reflect combat PTSD. They reopened my old PTSD claim as a new claim. I was willing to let it ride with just a code# correction, however since the VA wishes to reopen that can of worms and will not just correct the code#, I included an increase in the rating, as well.

    Again, I wish you the very best for a happy and successful New Year. May you have many more.

  5. Aug 27 2008, 07:31 PM

    Post

    #1

    Old DaveSeaman

    pip.gifpip.gifpip.gif

    Group: Seaman

    Posts: 11

    Joined: 25-August 08

    Member No.: 4,253

    Service Connected Disability: 80

    Branch of Service: USMC

    spacer.gif

    I want to thank all of you for your help and encouragement. It is good not to feel alone.

    Berta, thanks for your advice. Yes, I still work. No, I havn't been turned down by the VA yet. I WAS a smoker, have had hypertension for as long as I've had DMII and my Dad had 3 heart attacks before he finally died of kidney failure. However, all of the research I've done still seems to say that even allowing for all of the other risk factors, people with DMII are between 2 to 4 times more likely to have a heart attack than non-diabetics. I'm sure the VA will make every effort to deny the connection. I wish you well and good luck with your battle.

    One more thing. Doing the research on DMII and CAD is awful depressing. I saw some statistics that indicated I should have been dead years ago. However, 20 years with DMII and 10 years following a heart attack and I'm not only still kicking but kicking with all four of my limbs, not on insulin and work 40 hrs a week. Regardless of how my claim goes, I think I must be luckier than most.

  6. Wellllll, OldDave, you could file a CUE. However, the VA seldom makes mistakes. ( ??? ) Just ask them. From what you presented here, you don't know for sure anyway. Tests are sometimes just snapshots in time anyway. Are you working? Are you capable of gainful employment? A long time ago, I once notified the VA that I felt that they made a mistake, and wanted a reduced % rating on a service connected disability,... And just like that, they reduced me. Right or wrong, they will be glad to reduce your rating, if you ask. I understand and respect your concern to do the right thing. If you look around, you can find a doctor that will say you are OK. I understand where you're coming from. That's how I stand also, in the real world...

    Welcome to OZ. Congratulations on the good news.

    post-4811-1230341093_thumb.jpg

  7. Good Morning sunfish34. with the limited gen. information that you presented, If you are truly in no hurry to receive the retro check, if you understand the requirements to be eligible for IU, and you belive he does qualify for IU, then if you file the IU claim now, and request that his IU be combined with the original claim. And, If your husband indeed won his claim and qulified for IU, then his pay @ the 100% comp. level would be retro back to when you first applied. I filed an amended increase for another disability a few months after I filed an original AO claim and the VA attached it to my pending claim. Any increase would be retro to the original claim date. ( although I qualify for the rating increase, my personal reasons were punitive in nature ), and I can wait till the cows come home, to hear back from the VA. It's been many decades, until recently, since I had dealings with the VA. I am loathed to step foot in a VAMC or VARO. I have read horror stories of VA employee misadventures and not dealing fairly with the vet. There could be pitfalls in trying to attach another claim to the original. The reward could be much more considerable than a combined 60 or 70% with the dominate disability being over 40%. From what I have read, who knows what a VA's RO (rating officer) would do with your original claim, knowing that a new IU claim was coming down the line later. Is there a time limit on adding new sc conditions to a pending claim? I don't know. It might be too late to attach the IU claim to the 13 to 18 month(???) pending claim you already have. Again, I don't know. I have read your posts, sunfish34, you handle yourself well. Do you have a Veterans Service Officer ( VSO ) helping you with the original claim? Ask the VSO? Please report back here. You would be helping other vets who come aboard Hadit who are looking for answers too. Best wishes for a happy and successful new year.

    Sun:

    ["Thank you for helping your husband. How bad do you need money? If you really need the Cavalry to show up than wait for an answer". ]

    post-4811-1230301930_thumb.jpg

  8. Hi Folk,

    My question is: Everybody has ups and downs in life (death of family member, financial difficulties, personal difficulties, etc) and may have depression and have taken meds at some point in life. Previously to join the military I have had such episodes in life, and took some meds back then for a short time. So my question is: could the VA deny the claim on the basis that one have had episodes of depression before?

    Could the VA deny such claim based on such nonsense basis arguing that it is somehow a preexisting condition.

    Any help would be greatly appreciated,

    tk3000

    Merry Christmas tk3000. excellent question. I have always thought that if you passed the military physical and you were approved fit for duty. your preexisting condition was not disabling. Now it is. Was it exacerbated by your service or your sc disability, like Pete53 mentioned earlier? Again, excellent question. I wonder what the VA's position is on preexisting conditions?

    Dic ?

    Merry Christmas Berta...I hope your are feeling well and having a good day. I am looking forward to learning more about DIC and other important issues you have to contribute, and witness all the people you will help in the New Year

  9. What's best for TDIU? Occupational Med Physician vrs. Orth/neuro physician. Can't find a physician listed as a "vocational" physician. I need physician for evaluation on why I am unemployable/unable to hold gainful employment. Also, is occupational physician the same as a vocational physician?? Sounds like the same specialty, just a different way to get off/on the horse.

    You have listed a 30% disibility. You'll need to increase your rating. What disability is causing your unemployability?

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