Philip Rogers

Personnally, I would file a CUE on the scar and any muscle groups that may have been affected/effected by the injury and subsequent surgery. Very often, back then, they failed to rate claims properly. Venturing a guess I'd say they screwed up and you could get a nice little retro check. jmo pr

red - I can't tell ya but you can call ChampVA and ask them. pr

Good one! Thanks, Carlie! pr

justrluk - thanks!! I learned something new, today. BLUF. Had to look it up, tho. I think service members should be paid 10 times what they get and the same for vets. Unfortunately, I don't hold much respect for "males" who haven't served, in the military. They missed a great deal of some of life's greatest lessons & experiences. By males, I mean those of my generation, when there wasn't much offered for women (now referred to as females). To me it was expected of "men" to serve, and what real "man" wouldn't want to?? jmo pr

That is just great!!!!!!!!!! They do make errors but rarely in favor of the veteran. I'd wait until I receive the letter before buying any new cars, etc. ;-) pr

I suggest reading that part of C&P exam report into your testimony. That way it gets in there and can't be avoided. jmo pr

allan - it figures, you're from WA!!! Just kidding!!!! I used to be in Bonners Ferry, ID, and "we knew how you Washingtonian guys thought." I was just trying to make a little inter-service type humor. It's just I hear the word "need" when the real word should be "want." I see a lot of people out there that don't want to work. Sure, I could use more money and I'd certainly spend it, too. But I don't really need it. I can change how I spend my money and have more than enough. I think we are very lucky to have what we have!!! I'm at the point where I need someone to do some chores, I used to be able to do. Anytime I advertise for some help, no one calls and I pay well, $15 an hr. Everyone now thinks they should get $20-$25 an hr to do zip. I also see these same people wasting their money on beer, cigarettes and lottery tickets and then going to a food bank . . . please, give me a break. broncovet - I'm not talking about the average vets get, I'm talking about 100%ers. I feel we get a darn good pay and so far, it's there every month. If not for the VA I'd be in HUD housing living on about $900 a month. While it's true, perhaps, if not for my service/disability I may have had more but that's only speculation. Sorry if my attempt at humor displeased anyone. It was not my intention. pr

It is my understanding that it can take up to 3 wks to get from the mailroom to the VSC/c-file. As long as you have proof of receipt on the 27th, you're covered. pr

admiral7 - bring them all. They can't deny them if they are your evidence. Watch them, they like to shut the recorder off and if it's not recorded, it didn't happen. pr

Hey, let's have a little whine w/that. Whine, whine, whine!!! How 'bout some geez, too? Nothing like a little whine and geez!!! Yup, I know how hard it is but I still feel soooo lucky for what we have, especially these days. Even if we do get a COLA, you know they're gonna up the Medicare payment, for those of us who get part B. At least we can still afford some whine and geez!!! jmo ;-) hahahaha pr

EED here generally means earlier effective date. Any chance you have PTSD?? Any war service? How about severe accidents, things of that sort?? Just a thought. pr

SP4RVN1971 - I don't think female vets need the test, but I'm not absolutely positive. jmo pr

Were you accepted into the military?? pr

JMO but once you miss that hearing request deadline you're screwed. What makes you think they'll be able to do the hearing that quickly? Also, once he testifies, under oath, (which is new evidence)that he was on active duty, besides the active duty for training, and that the government has the records, I believe it becomes the VA's responsibility to locate those records and until they are located, I don't believe the VA can sever SC. Jim Strickland is good but not perfect. As I see it, and as stated in the VBM, Section 5.10.7, pgs #379-382, the VA cannot make the decision until the first 60 day notice has expired, no matter when the hearing is,(unless the claimant signs a waiver, waiving that 60 day period, it's called due process) and then the new 60 day period begins. Just sayin' . . . If you don't submit the request for the hearing, tomorrow, you won't be able to stop or delay the severance. End of my comments. pr

A little update. His spouse received his $10k VA life ins payment within 30 days of his death and didn't even have to apply for it. They sent a her checkbook where she could take it all, or as little as she needed. I told her to deposit it all in her own acct. Last wk she received a call from a PA VA office requesting their marriage date and his previous divorce date. That really irritates me cuz we all know they have it in his c-file, already. Just more VA laziness and BS. Anyway, they told her they are working on direct SC and she should hear something within 2 wks, regarding a decision on the over 10 yr rule. Seems like it's moving fast but I'm always suspect. pr

I'd be cautious about "reopening" a claim. I don't see a reopening necessary, at this point, because if you do you lose your EED. As I see it, if that Dr did that testing within one yr of their denial you can argue that the VA failed to re-rate, your claim, based on the evidence they had in their possession. Any evidence held by them, no matter where it is held, needs to be considered. Often the VA makes a decision prior to all the evidence being there, even tho, you have a yr to get it in. VSO's rarely know what they are doing and that's because the VA trained them that way. I suspect your VSO is one with very little knowledge, if she wants you to "reopen." jmo pr

K - all the advice you've received here is pretty accurate. I believe you need to get your SMC's from the National Personnel Records Ctr (NPRC), or wherever the AF keeps them. I think it's still the NPRC but I'm not sure. Don't count on the VA getting those records, for you. You should also get a complete copy of you VA claims file (c-file), so you know what evidence they had when they made their decision. Personally, I don't recommend using a VSO, as most I've seen are quite lazy and draw their approx $35k annually by doing mostly nothing. Most give misinformation that they are taught by the VA. There is excellent help here and you can come back often and ask what's needed. You do have a yr to NOD and you must be sure not to miss that deadline. pr

CALS - one last post from me on this. I strongly suggest you file for a hearing, on Monday, and have him sign it. The VA allows 30 days, to request the hearing, but what they don't tell you is they also allow a couple of days for you to receive the actual notice. If you FAX it and either hand deliver or mail certified, returned receipt requested, the request, they will have to accept it. They will intially tell you that you were too late, w/the request, but you should respond that if they fail to allow the hearing, then when he dies due to failure to get the necessary treatment(s) you will be filing a FTCA claim and/or an 1151 claim. Failure of you to do this, immediately, will result in the VA severing his service connection and will result in the loss of benefits. Your only chance is to have the hearing!!! jmo pr

I can foresee what'll happen with this. The VA just won't diagnose PTSD. Instead they'll call it adjustment disorder, or something else, thereby blocking the vet from winning their claim. The game is fixed. jmo pr

CALS - that's your decision. Listening to your VSO is probably the biggest mistake you'll ever make. You can still pursue the appeal, tho. So you "might" have to pay some money back. Wouldn't having your husband survive longer have been worth it??? jmo As you can probably tell I have little, if any, use for VSO's. Most are in the VA's pocket, anyway. I feel what your statement "The "WE" will now become just "ME", because my husband will die in the next 6 months without VA care. I will fight for him until the day I die" really means is that you will fight for your death benefits (DIC) because if you really were fighting for him you'd have had the hearing and "maybe lost" and "maybe" had to pay back the funds. Sorry if I sound callus and uncaring but it's just how "I" feel. Besides I get a little irritated when . . . never mind. I wish you the best for you, him and your family! I'm signing off on this topic. pr

I'm sure most VA cops are just like the weasels that run the USPS's post offices. They are like little tyrants or dictators. jmo pr

emandg - it's me again. Just please, be sure, when you file the NOD that you not use the word "increase," as the VA will probably make a new claim, then. You should be sure to state that you disagree with the 30% awarded and you are requesting the maximum allowed by law. jmo pr

john999 - I believe there is, especially if you're from another era. A favorable IMO can mean winning or losing and save many yrs of appeals. As to the new PTSD regs/rules, don't they just more or less pertain to proving a stressor? jmo pr

emandg - please don't think I was scolding you or anything like that, as it was not my intention! I was merely offering some advice, that's all. Sorry, if I was misunderstood. My point was that letters don't count as much as affidavits and it might be beneficial to change them now, as we want you to win, as we do all vets!!! pr

The reason that form works sooo well is the sworn statement, which is under penalties of perjury. I certainly recommend it's use. pr