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ausgmblr

Second Class Petty Officers
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Everything posted by ausgmblr

  1. Rob, I too have TBI, don't get ahead of yourself, plan your course of action as you move to lovely old GA. The TBI is 1 claim the PTSD is a separate and distinct claim. Before you retire make sure you have all medical records in hand. Names and alternative addresses of fellow airmen. By alternative I mean sister/brother, parent in case you need them as a witness down the road. Next if I had a permanent address in GA. I would find address and contact for the VFW and get joined. Reason being They have a Vet. Service Rep. to assist with your claim, or new friends can guide you too best vet. service reps. in area. NOT A LAWYER yet. My Neurologist at the Vet.Med.Ctr. gave me a letter to use in my SMC claim, I'm sure it was of benefit. "I read it was of value, so I submitted it with claim". Before leaving do you have a medic, nurse or is your neuro. a friendly type that would write a letter? The best person to present the FACTS of the claim or claims is yourself... Spend as much time as you can and need to research the law on TBI claims and with that in hand go to % ratings. You will (just my opinion) find additional claims available when you read cases/appeals decisions on TBI cases. I have seizures-there are different types of seizures, gran-mal, then petit-mal. Do you have amnesia I have retro-grade, have multi-functioning difficulties. Research-Research-Research Best of Luck Ausgmblr
  2. Glad u got what the gov't owes u. May ur family & u now live comfortably. ausgmblr
  3. Steve, Things are different today than when we got disabled. Law requires certain accomadations for disabled employees. Like the ramps you see everywhere now. The Fed gives 5pts. to vets and 10 to disabled vets. Fed job openings at usajobs.gov, The States & Counties have their own web-sites Where I'm at City jobs are under County. Most applications are filed on line. Border patrol took 100K app's, by test on line for 35000 jobs. Their is a web site for corps that are giving preferential treatment to Vets. I think it's like 51. Fields like whse. labor, security to electronic engineer. The web address I've forgotten. But I was at it just yesterday. One of my disabilities is amnesia, sorry. Best of Luck.. Ausgmblr
  4. Go ahead go to Social Security Office with Law cited to you in answers posted. Get claim filed SSDI has nothing to do with your VA claims totally 2 different Sections of the U.S.Code which governs the application of the VA and Social Security Laws. They told me in 1997 I did'nt have enough quarters to qualify when I wanted to file due to brain damage and retirement on disability was 100% since 1968. Sent me a letter every year since 1998 I didn't qualify for SS. Then when I reached 62 sent me letter I did qualify because didn't need 40 quarters was on SSDI back in early 70's taking Vet rehab program. So file with SS with law in hand. Good Luck Ausgmblr.
  5. i CAN'T FIGURE THIS OUT EITHER A VET WITHOUT servicemens group life insurance can apply after an awarded claim, within 2 yrs. But I can't appeal the A&A claim it was approved. I can't appeal the insurance app. it's not a claim & it's not in the health division of the VA. what the heck can I do? thanks.

  6. I am rated 100% and another 20% for encephilitis and third degree burns since 1968 . I filed a request to buy the SGLI after an award for aid & assistance was successful. Prior to the A&A I was drawing homebound. The application for the SGLI was filed within the 2 year window allowed after a new claim is awarded. I received a letter from the Insurance Section of the VA saying request denied reason " request based on claim should have been made as request for increase in rating". I can find no court cases on point. These HB and A&A are 2 different section 38 USC, but again no arguements against this division of VA. HELP. AUSGMBLR
  7. sgli v claim

    1. ausgmblr

      ausgmblr

      I filed a righteous claim, solely to be eligle to apply for SGLI. I am 100% and cannot buy commercial life. After claim was approved, Applied for SGLI as allowed within 2 yr. window. Received response "i was not eligible as as increase of homebound to aid and assistance was not a clqim but an increase in rating. What to do, Insurance noclaim although its clear error health admin. contradicts insurance 2 different Sections A&A and Homebound.

  8. Fellow Non-Approved Vet, Welcome aboard. As already stated by your replies received this is just part of their games. I believe to keep their budget in line thru the current fiscal yr. First Get good representation you have plenty of time to appeal you just got the letter? Go to your State Vet Rep Benefits Office. Their number can be found in your yellow pages or web address on line. I don't care for the Service Social Organizations any more. My Williamson County, TX. office rep. working on her law degree, been to the VA VRO training(don't think DAV etc. sends there aids to the VA training courses) your state probably does, the person is a State or County employee, working til retirement. My last DAV VRO told me he was leaving the Monday after he closed my case. He went to work for the VA. My start date is wrong but he had me sign a document said I the award closed all open cases before the VA. Second Don't pick who you are using based on mileage we are talking about a life long settlement of an entitlement due you. For God's sake don't decide that on mileage or time and a few dollars to get their. Best of luck Frank Finalization of Claim Veterans Administration 05.doc
  9. The Fed Lists all Job Openings at USAJobs.gov. You can put resumes, fill out apps, leave on file for positions of interest for all agencies and they will contact you when there is an announcement made. Avet gets a 5 point preference and a disabled vet 10 points. Find the Code Ex: 510 Auditor, Location TX, look for open announcements you qualify for if any. If not look at requirements and leave interest for them to call you when opening comes up. But Fed jobs are becoming far and few due to all these budget problems. Anotheer month or so IRS will be hiring Temps for coming filing season. Period of training, then processing, and preparing, filing reurns for 6 months to 9 months. As far as disability Fed has I believe has Law and hires handicapped and alters office locations to accomidate disabled. So do some very major Nat'l companies. Saw just last week some announcements forget where I have amnesia but retired 27 yrs IRS 100%. ausgmblr
  10. Last 2 C&P's Examiner had me walk staight line, toe-to-toe. For effects of my brain injury. I think also some resistance pushing on leg while pulling up. So I guess so. Ausgmblr
  11. :o Hell John, get on their Web site and order a copy of your DD214 then send it to them Registered Mail return Receipt requested. Then ask the VRO if he has found it yet, he says no, send him yours and the Post Office Registered Mail Receipt. They'd loose their paycheck if it wasn't required to be on direct deposit. ausgmblr
  12. Governor and put in law bill 3613 exempting from real property taxes at varying tax rates all property disabled vet owners, bill says effective 2010, Governor back dated to2009. Appraisall districts mailed forms required to be filed 7/23/2009. Law Attached Ausgmblr
  13. Have you never seen these children roller-skating with helmets on. There the smart ones.. It doesn't take much at all to damage that soft tissue of the brain that is only protected by the skull. The brain controlls, operates every function of your body. Cut his throat on the left side cutting his vagal nerve and you stop 90% of the messages from the brain. As I was told by one of the smartest men I ever met in my life in 1968 when my Encephilitis started and gran Mals a Neurologist/Neurosurgeon told me "if the brain were the moon the rocket ship would still be at Cape Canaveral". Were a good bit further today but at a 50 Chevy, compared to the model T. Take a look at Vagal Nerve Stimulation surgery- orinally a device invented for prevention of seizures now aso being used for headaches, depression, other things. VA is sending patients out to have implantation performed. You also have deep brain implant for seizures similar to pace maker my guess VA DR'swon't tell you you'll have to ask so do so homework find a group on the web,research it, pursue it. ausgmblr
  14. It is obvious I did not give/clarify myself in original post, Try again, sorry. The DAV phoned me May 25,09 the VA would settle my claim for R2 Aid and Assistance-if I would agree to close all other open claims and no report letter and accept the claim retro date of sometime in 2008. This DAV rep. tells me he's leaving end of the week I've been so nice not called him, he wants mine settled before he leaves. Oh! What a nice guy...S--T. So I did> I figure If I don't it gets switched in DAV again, put on the bottom of the list again, another 6-9 months. So I'll take it and then see what the dates are on the other claims it has to be earlier because the C&P was earlier. I am 100% since 5/1968 awarded 71 I think. then another 20% sometime in 70's. The 100% for viral encephilitis Nam. 20% 3rd. degree burns while in a sezuire related to the encephilitis. Brain Damage is also result of seizure but happened 1997 been housebound, under a&a, medically since. I put in for housebound when I found out about it 94 when I got that I found out about A&A and they said I had when I filed. That's why this claim for the R2A&A was a claim for increase in benefits. The other open claims were for Facial re-constructive surgery and one other. I don't care if they rate it at 0 they will still have to refer me to district for A&A concsideration at that earlier date, or add the second claim to the 100+20+? and obtain an 1114 "S" rating is it or perhaps at an earlier date, or then again mybe just the "R2" at an earlier date by itself. Thanks ausgmblr
  15. Berta, "L" determination is made on qualifications of 352(a) Not if Vet is an amputee because the rate payable under L is subject to reduction when vet is hospitalized. If your a 100% then the rater has to consider you for SMC or A&A and if feels NO then it's coded 19C. 100% Rated Single. Now A.&A. First you must qualify thru 38.352(a) so helpless to require the aid of another person to perform the prsonal functions of his functions required in everday living. The Sub. Sections 1114(l) thru (p) define the regular level of A.&A. R(1),R(2) are higher special A.A. (r!) being cared for to protect himself (r2)Without the care at home he'd be in a nursing home and is being cared for at home by a trained person. RN, In my case spouse who checks with VA Dr. once a week. The M,N,O,P,Q m might be for being deaf, n for blind sight no better than 5/200 There in 38.3114(l)(m)(m)(n)(0).....problems not in what's what it gets convusing when you rate amputee's below the knee combined with one lost eye. end up with an (l) and another (l) which will be paid as an L1/2. They will bump it up 1 rate level or most times one half but not up to o bcause that could very probaly get you to r. go look at 38 U.S.C. 1114(l) read thru ®. The amounts per month are in the monthly comp tables at special rates. Those figures include 100% Married or Single children or no then x. Ausgmblr
  16. Allan as a brain Injury Vet I can sympatize with you and would advise: Since that C/P Dr. wont't ask you Executive brain dysfunctive evaluations most helpful to you, Take your wife into rating with you, Be sure you tell them and have a letter prepared and signed, dated telling them and giving expalmes of judgement decisions made to fast, shouldn't have made examples wife corrected, witnessed. Not concentrating drifting off when she or others carrying on conversation, example, how often, Any loss of speech or balance smell. Letters from friends of screw ups you've made you never would have made before your TBI. Get letters take them and send copies to your POA. Best of Luck Ausgmblr
  17. Grant Daddy / Sharon Thanks for your response. -Sharon- I'm well aware the mental condions etc.; are rated outside of the V.A.'s crazy algebra first, the way I wish all was done. Grunt Daddy NO not all head same. I was 100% for Encephilitis causing seizures and was working GS13, before congress, wrote regs. seizue causes brain damage, no problem SC, now amnesia, That yes is mental. Also reconstructive facial surgery- sizure. I couldn't have better evidence their ether OPM, Hospital, or VA. Personal letter from RN friend and a private Neuro. MD. Believe VA's problem might be a start date if the decide and I believe I read somewhere they have to... thanks ausgmblr Believe
  18. Just got 1 claim awarded DAV agreed to 1 for all. VA cannot do this. Anyone know cite for law requires VA resolve all claims individually. May change start date think that's why VA did it. Thanks, Ausgmblr
  19. If your going to a Psch. about your claim I'd recommend you go to the rateers manual and find the Section applying with your condition and see your report uses the terms and addresses the issues the RO uses to rate you. That is what I just did. VA DR. my Neuro wrote a letteer for me then I went back to him gave what I needed and he re-wrote letter. Claim was successful. Oh RO manual RO manual is schedule of ratings 4.124a was neurological Ausgmblr
  20. When it comes to the brain I had one Neuro. tell me "that if the brain were the moon the ship would still be at the launching pad". U'r right about 2'nd. opinions. on any thing VA Dr's tell u especially. ausgmblr
  21. Was going to fire DAV in Waco a month ago when I called them rep said he was meeting with VA that day if I wanted to settle. Reason being he was leaving end of week to go to work for VA, God help Vets with a claim. I called my Congressman when I had been told by DAV their would be No award letter, and would I take 3-08 as start date. Neither do I understand, thought it was only a Wco problem. Called County Vet Assitance for Award date referced DAV said said +++if u can't say nothing nice don't say anything---- she said u would be amazed complaints. Call someone else and ask about firing. ausgmblr
  22. I joined "Hadit.com after reading the posts, last year for questions i had and info I could get I hoped. I was not disappinted in any way, to my amazement your help Im sure was part of the reason the award I jst got this month was due to info I was able to put togetheer or find from the educuation on this site or answers I got to my questions in inutes of submitting them. Answers the DAV did not know. So I write this to suy Thank u, TU TU TU VMUCH keep up you fantastic good work and to hopefully assist the knew guys, and help them. Congress writes the Law Title 38 for VA Law. Every session there may be changes to some sections of a given part of the law. U steered Me to the applicable "Code Sections I researched from there". VA writes the Regulations-- which tells those Atty's, Vet's Reps, rating officers capable and doing their job with unbias, and knowledge of the law as it may not have been updated yetm, usually trails law by 6 months but memos are out usually advising of changes if employee got it. Thanks again U knew of yesterday's memos. how the VA interprets and is supposedly applying those laws, The cases found from here are good languge to use at C&P's, and letter's sent VA on that evidence are very worthwile. Again TU<TU. Found ISIS at this site had never heard of that. Buried a question I wanted answered DAV could't tell me if wife could accopany me into C&P, VA didn"t answer that part of ISIS question and at C&P I couldn't answer a lot of questions as I have amnesia. So Thanks Again. At C&P wifes were going into exams. Oh DAV answer is in E-Mail to me. This is just a few things for u new vets seeking whats due you I went from A&A l to r2. :) God Bless ausgmblr
  23. The payments are being sent out by regions. Probably being broke down by each of t Service centers. Thats where you mail your income tax refund. Got mine 5/5/09 ausgmblr
  24. In claim I just won thanks to hadit.com not the DAV, I requested all my medical records from the VA and sent them to the VA claims address myself. Reason being that way I knew they were in my C file. I also got a letter from my neurologist and sent it to the address given me to send my evidence for the open case. Of course I kept copies/sent all items registered return receipt requested. Thanks to hadit.com They wouldn't answer my question as to what medical records were in my file. I can't go look. DAV wouldn't but don't fight blind go, and if records you told them to get aren't their get them yourself and send them and tell them to get them. Best of luck Ausgmblr
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