ptsd Can You Send In 2 Claims At The Same Time

[Lady]

Hi, just wanted to know if a person could send in a request for P&T and a request for getting s/c for new things to his PTSD. All is new information not sent to VA R.O. in the past. Or is it better to send in 2 different claims. Since this is new information ,I don"t want them to get one claim first and say I can't use some of the same new informatioon on the 2nd. I hope this makes sense I am trying to help some one with this .Thanks Mary

[Guest Berta]

Gene -there is a Stay- a moratorium on bilateral tinnitus claims-

I got email from a vet I know -dont know if he is from hadit or another vet org- he filed his tinnitus bilateral claim days before the Stay cut off-

(or maybe this was you?)

and they told his Congressman they arent working those claims until the stay if lifted-

but as Ray B Davis and Col Dan made point- (I posted this here last week)

that stay only seems to involve bilateral tinnitus claims received after June 13, 2003-

yet it is affecting ALL pending bilateral tinnitus claims-

another thing-you are right- the worse thing that ever happened to the VA was the Internet- our greatest weapon-on the claims battlefield - they didnt want us all to get smart with the regs-

and so many vet reps dont understand them that they too add to the frustration of vets- and more importantly- the lack of proper compensation.

Nehmer is a good example- the VA was snookering many many vets out of the EED provisions of Nehmer- unlike all other EED regs-

NVLSP- NAtional Veterans Legal Service Program- who won Nehmer as class action for Beverly Nehmer (widow of AO vet) and all other AO vets went right into the VA and got those vets the money VA didnt want to pay them.

If my Nehmer claims succeeds they said they will do that for me too-

Thank you for helping those SMC vets-----

Bet you did a great job there-

I dont think most SOs and vet reps take the time to play arund with 38 USC 1114 and the vet's disabling conditions enough to even file claims for SMC -

and if SMC consideration is extended, but denied, in a decision- often that could be a VA error in failing to really look over the veteran's whole disability situation.

[gene]

bertha, i was wondering if sc diabetes type 2 adult on-set would be a separate check from your regular compensation or would it be added to your already compensation check? thank-you, gene.

[Guest Berta]

Gene -that's a good question and it depends on other factors-what I mean -they only want to send a vet One comp check but-I think you mean ---

If the vet gets 30% PTSD and then 40% DMII- they would probably combine those ratings with VA math-

If the vet gets 100% SC for PTSD and then the DMII secondary's involve the criteria for Special Monthly Compensation- the VA adds money to the 100% check-

This is why I just scream when a SO or vet rep discourages a vet from filing a claim-

especially when they say- you have 100% -be happy and go away-

Say the vet gets 100% or TDIU for service connected anxiety disorder than finds she has Multiple Sclerosis -and in her case the MS appears to a degree of 10% within the first seven years after her discharge-

lets say she was discharged in 2002- and was diagnosed in 2004 and the MS has advanced since then in disabling her.

Say she tells her SO she wants to file a claim on the MS-

Let say he replies- you have 100% already-you cant get anymore-be happy-

( and lets assume he does not have a clue that MS has 7 year presumption after discharge within 38 USC 1101 (3), 38 CFR 3.309 (a) 2005

She walks away- and yet this vet had chance to receive SC for the MS and also SMC potential.

Say the vet has dependents- the dunb SO has prevented them the potential of CHAMPVA and Chap 35 benefits as the MS at some point might well be 100% P & T.

Say she dies and MS is listed as contributing cause on the death certificate-

Her spouse will have a heck of a time-getting DIC as he would then have to prove her MS was SC, as well as contributing to her death-

I believe if a vet rep or SO tells any vet NOT to file a valid claim based on the fact that they already get 100% rate that SO should be sent to the front lines-

no -wait - we sure dont want them there- they should be reported to their boss at the highest level-with a written complaint-

I just went over a vet reps head last week-

I get local claims- I live near Bath VAMC and help a local vet rep too-

What he did was just unconscionable- I got in touch with his boss and it got squared away-

I lost sleep over this and it took 3 days to get it all straightened out-

I forget why I mentioned that-----sorry about that------I am still a little pissed off-----

Sometimes a vet's worse enemy can be a dumb service officer.

[gene]

bertha, i really appreciate you always answering me, more than the varo does. i spoke to a varo rep yesterday and he told me the same thing you said about what you said they would. he said you are already drawing 100%, you can't draw anymore. i quickly informed him he was wrong. i told him it would go up in the smc letters not numbers, he had a fit, but he eventually admitted iwas right. (faint and fall-over). i am still wondering how much it will go up. here are my ratings 100% for blindness w/a/a, plus LPO, plus 40% bilateral hearing loss, 10% bilateral tinnitus, and now 100% adult on-set tpye 2 diabetes. how would they do this? i have been fighting the va since 1979 and still cannot get justice. please help me. if it went up in smc it would go to r-2, or i have read something about having 2 100% disabilites being combined as one smc check and this would be more than r-2, wouldn't it? most vets don't have the time to keep fighting the va, but as long as i am able i will help any vet try to win his or her claim, because we all deserve it. vets are the backbone of the UNITED STATES OF AMERICA, the only thing above the vets are GOD and FAMILY, BECAUSE WITHOUT THEM THE VET WOULD HAVE NO ONE. vets are the most deserving people in the world, young or old ones. who makes sure at night while your sleeping you won't be harmed the vets, NOT THE PRESIDENT, CONGRESS, OR ANYBODY ELSE. just remember to always to pray for everyone, but especially THE VETS. i love all my fellow veterans, and with that in mind i will close and say merry christmas to all of my fellow vets and GOD BLESS YOU. LOVE YOU ALL. STAY SAFE.