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brokensoldier244th
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Posts posted by brokensoldier244th
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I think that your rep may be misinformed. I am rated 40% directy for IVDS, under the old code, then re-rated again under the new code. It's difficult to be rated for incapacitating episodes, since few doctors prescribe immobility for the condition anymore. My rating was based in part on ROM and in part on incapacitating episodes and absences from work. I was initially 40% just for this, but then was rated 10% for sciatica due to a subsequent claim. I was initially rated in 2002, then again in 2003 after they changed the rating code.
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Not really. You have to in-person verify for Lvl 2 access to the site.
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Only if you can counter whatever your SOC says was the reasoning for their decision. Good luck!
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if they deposited within one of those months it probably only counts for two months. VA pays behind, not ahead
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If its a retro check I would speculate that you got something, anyway. Good luck and Merry Christmas!
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If the facts of your claim warrant IU I wouldn't *think* that her decision really matters one way or the other. The CR's are pretty clear on most of that. Im probably showing my naivety here, though. Ive only had to do 3 claims and a pending appeal over the last 8 years.
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My RO is in Nebraska and is not nearly as overworked at the ones in Houston or St. Pete. Ive had 30-40 day decisions before. Now im on appeal, though, so we'll see.
CAS
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I hope anything I said didn't insinuate that at all. I DO see a lot of Q about this, and a lot of indignation about it and the spousal support for retired pay. I don't think all the rules are fair, but I do feel if you are getting the dependent rate then at least that part of it should be figured into income and maybe not the whole amount. I also feel that if a paternity test finds that it is not your child that you should be off the hook, and in a perfect world remunerated by the State for what you paid.
Hey - he did post that he currently pays $750.00 a month for child support
so he's not being a dead beat parent.
Perhaps the extra compensation dollars he gets for the child as a dependent
will also go to the child's care, when the child is with him.
At least I hope it works out this way.
JMHO
PS - perhaps someone can supply him a link to the Gerry Berry (sp) stuff.
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I doubt you'll find a lawyer that has won one of these. The ruling I posted quite clearly stated that State courts are not contravenening federal law by using it as means for basis of support. The benefits, as he has dependents, are for all parties in question.
CAS
read this very carefully. Either before or after receipt by the beneficiary.
If this veteran is divorced and already paying child support int he amt of 750 per month and he gets an increase of VA comp. (either before or after receipt by the beneficiary.)
This is not to be counted as extra income and cannot be touched. Any judge who orders this is in violation of federal law and can be jailed for doing so by a higher court. A good attorney will be needed.
J
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My friend and his wife buy the stuff for his son directly and keep the receipts of what they purchase, so that whenever his ex-gf trolls for more money they can present the pile to the attorney and say "Why? where is what I send now going?"
I hope I didn't come off as I don't want to support my kid, because I love my child and spend as much time as I can with my child. I have a job and they are welcome to do what they wish with that income as they have every month for years. The problem was when they came after my disability, which was given to "me" for combat injuries I've suffered.
I know deep down inside all that money hardly reaches my kid when I see the condition of the clothes and shoes the kid has over with the mother. Is it fair? No...! But I give everything I can to my kid, but his money hungry mother coming after more money just because is unfair and not right. How much can a kindergarten kid waste a month... Really?
If it is the law that she gets it I guess I'm screwed then, but if it's not then it isn't right...
Just saying.... :-/
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Except that you latch onto the part about not being liable to attachment, etc, when what the state courts are doing is not attachment. They are not saying you have to use your VA money to pay CS. They are not requiring you in any way to use it, specifically, which is the limits to which this statute goes.
They DO require you to use whatever resources you have at your disposal to pay your obligation. Short of an act of federal law, this is not going to change, and to my (albeit limited) knowledge, there isn't a divorce attorney anywhere that had managed to do anything other than deplete a vets checkbook fighting this.
http://www.fa-ir.org/alabama/cs/cs_disability.htm
Note Para. 3:
"The Supreme Court stated that state-court jurisdiction in awarding support was not preempted by 38 U.S.C. s 3101 (a) as well.(1) This statute protected veterans' disability benefits from attachment, seizure and garnishment. It was the Court's position that Congress intended that these benefits provide for the veteran as well as his dependents. Thus, states awarding child support did not conflict with Congress' intent and consequentially, the statute."
Brother you need an attorney. You are paying now and she wants a raise.
According to this it is protected but again, you need an attorney.
Payment of benefits due or to become due under any law administered by the secretary shall not be assignable except to the extent specifically authorized by the law, and such payments made to, or on a account, of a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatsoever, either before or after receipt by the beneficiary.
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I see a lot of these in this and other forums that im in-you dont' come across like that at all.
I have a close friend whose husband has an ex GF from years and years ago, and a child, and she is always up in his paycheck, so I sympathize with you.
CAS
I hope I didn't come off as I don't want to support my kid, because I love my child and spend as much time as I can with my child. I have a job and they are welcome to do what they wish with that income as they have every month for years. The problem was when they came after my disability, which was given to "me" for combat injuries I've suffered.
I know deep down inside all that money hardly reaches my kid when I see the condition of the clothes and shoes the kid has over with the mother. Is it fair? No...! But I give everything I can to my kid, but his money hungry mother coming after more money just because is unfair and not right. How much can a kindergarten kid waste a month... Really?
If it is the law that she gets it I guess I'm screwed then, but if it's not then it isn't right...
Just saying.... :-/
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In many states you can request an audit of CF funds, and usually there is some compelling interest required in raising a support amount as well. Good luck.
WOW!!!! What a response!!! I will need to read this a few times to fully understand it. But its a shame this bill isn't in play yet.
I already have been divorced for about 5 years now back then I only had the initial 10% I got out with but then years later got all the way to 80% . I know she has caught wind of this and wants to do a child support modification. I already pay $750 a month for one child, but I guess she wants more and more... I really hope to figure something out soon, I cant even sleep knowing that she wont stop until she cleans me out...
Thanks guys you really made my day with all this support!!!!!!!
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That may be the case in FLA in some situations, but the answer to his overall question is, the judge will set an amount based on all income-and that means everything-not the IRS definition of income. Therefore the judge sets a number for maintenance and it is the other partners responsibility to come up with it from whatever sources are available. Legally they are not touching your disability directly, which they cannot do, but they can and will use that amount for spousal maintenance and/or child support.
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They cannot go to the VA and take it directly, but once its in your account or in your possesion it is just income, like anything else. Thems the breaks and has always been so.
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Im not being facetious-
Rhetorical question:
How does one claim they are ignoring your evidence when all they have to say is that they considered it as part of the over all case, even if they didnt mention it specifically, it was still "looked at.....and taken into consideration....."
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I did that, and then followed up with copies I dropped off. In about a week I ended up with 2 copies of that stuff on my claim.
CAS
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But, if I was to write the RO and say "yada yada, I want this and that disability compensation cancelled....." and then later reapplied, I could see that request as the first reason for a new denial. It also might call into question any other thing you might be rated for, especially residuals. A potential employer (for one example) has does not any more access than what I give them to my health records or anything else, unless they are a federal agency and then they can get them anyway. Courts can get them, I suppose, with the right horsepower, but if it was something like that cancelling disability comp for the condition isn't going to erase it from your treatment records.
If its finanicial, your comp isn't 'income' unless you want it to be, unless you are applying for some form of federal benefits (like food stamps) or you are subject to child support (your disability may be protected from 'attachment' but once it hits your bank account it's jut money, and will be used by the court to set an amount)
I dont know any reason why you could not do as you suggested...or even re apply after you "cancelled" it.
Of course, as was pointed out, just because you can do something, doesnt necessarily mean you want to run out and do it.
However, I am going to assume you have a compelling reason....I will take a wild guess and say you think you may get a certain job, but dont want your potential employer to know, and further feel you would not be eligible for benefits if you got this job.
Everything at the Va is always a risk. If you apply for more benefits, you take the chance that someone looks at your file and says, "Gee, this guy doesnt deserve more, he already has more than he deserves and we will do a reduction".
Of course, you dont need to tell the reason. But, the more clearly you explain your situation, the better the advice you get will be. That is, if you give a "generic" question, you are apt to get a "generic" answer.
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I would think that once it is filed for, the cat is out of the bag. If its got something to do with employment, or fighting with your insurance company, I dont' think they have any right to, or access to VA medical records.
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Good luck, too. I have a friend (non-vet) that just had a single discectomy done and it was out patient and he feels great. He's pain free for the first time in months.
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you'll have a rehab period after of several weeks or more (they will tell you). During that time you should qualify for 100% convalescent. pay. They should do it on their own, but follow up on it and make sure you put in for it or let the RO know.
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That is true. Im SC for right leg, but I have notes and complaints going back to before I discharged noting 'legs' not 'leg'. I finally filed for bilateral radiculopathy in July and was denied, but its on appeal right now. They said since my EMG came up negative that they couldn't make a determination-I countered with," I was discharged for degenerative disc and lumbar radiculopathy in L5/S1 and L3-4-how is it not service connected? I'm rated 10% for my right foot, and that rarely shows up on an EMG because its small fiber neuropathy, not large fiber neuropathy. Notes from in service exams noting 'bilateral dysisthesias' are already in my service records".
We'll see what happens.
Gabapentin works good for me. For some Lyrica a new version of gabapentin is something to try.
If the neuropathy is consented to service it is a claim.
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True and True. I wish my VSO would tell me "Dude, you are throwing s*it against a wall, here is what you need..." but I have to come here and VBN to find out things.
:-)
That's right! You have to have the evidence to win the claim. Well put together claims do get denied sometimes. You just have a much better chance of winning if you got your ducks in a row. If you do get denied your good claim has a much better chance of winning on appeal. Where the VSO's fail I think is not showing the vet how to get maximum benefits. They often just take the facts you give them and run with it. There is nobody there to tell you that you need this or that type of evidence. They don't tell you to get an IMO. Before the internet how would the average vet know where to start? They would go to the DAV and trust that these guys know what they are doing.....not! I had a claim that was put on ice because the VA said they did not have a copy of my DD214. It was right there in the file and they were too lazy to look. I had to get a copy and take in by hand to them to get my claim going. This kind of crap is just too much.
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I will in a few weeks after I have some other appointments taken care of. Im not going to shotgun stuff at them over and over again.
Severance Pay - Retro Pay - And Disability Increase?
in VA Disability Claims Research
Posted
If the retro is enough to cover it they will most likely recoup it from that.