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Philip Rogers

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Everything posted by Philip Rogers

  1. I believe it's just an extension of time to complete, not to the 45 months payments allowed, but there is never any harm in asking. pr
  2. An educated "guess" would be 3 months to a year but it could also be more, or even less time. Sorry, I can't do better than that. jmo pr
  3. I agree, that you should get either 70% or a 100% (or TDIU) but knowing the VA, they will probably award 30% and if you're lucky 50%. This is based on past performance but I've noticed a good change lately, as they seem to be awarding proper award percentages. You'll have to wait and see. jmo pr
  4. If the VFW is your POA, it is normal for them to sometimes notify you first. It's usually a letter that tell you what "they" got you and what a great job "they " did and requesting you join, if you're not already a member. The VA's letter should follow within a couple of days. I agree with jbasser's statement but they could've awarded 10% for ptsd, deferred the other's. jmo pr
  5. I'd say it could be anywhere from 90 days to 18 months, or so. If the last C&P is more than a yr old, they will most likely order another. jmo pr
  6. Good on you!!!!!!!!!!!!! Finally!!! You've paved the road to another vet/spouse. pr
  7. Good luck Miss carlie!!!!!! I know you'll teach 'em not to mess w/you!!! L&H pr
  8. I get 400 mg(or whatever units they use to measure) injected once a month and I can't see that it's helping. I guess I don't know what to expect. I know it raises my chances of getting prostate cancer, so I'm considering dropping it. pr
  9. By statute, when the VA changes a regulation, they are required to apply it to any claim, that is actively being prosecuted, and then use the regulation that is most favorable, to the claimant, when deciding the claim. The only time this wouldn't happen is if it was stated so in the new regulation. pr
  10. Pete, that's true. In VN we did that. We didn't allow ourselves to become close and caring because it hurt when we lost someone. The best defense is not to become close w/the FNG's. The FNG term was devised to help us separate ourselves from them. We only used last names, which also helped de-personalize(sp) our relationships. Even today we do this, again, by not allowing ourselves to become close and caring. How many of us have friends? Not many, cuz we isolate. Again, it's to protect us. If we allow ourselves to become close, it hurts when something happens. jmo pr
  11. hedgey - there's no way possible the VA could just limit PTSD claims to just combat. They seemed, to me, to have just made it easier, for combat vets. It's all about documentation, treatment and nexus. jmo pr
  12. Carlie - I'm not sure I understand the question. Generally, for TDIU, a NSC disability cannot be consider w/the TDIU decisionbut I do remember something about when the NSC disability aggravates the SC condition. Don't remember which one, tho. I'm on the road to NC and not able to do any research, now. In fact, the next 10 days are really busy. I've got a reunion at FT Benning, next wk, and away for 3 days, w/a condo rental, over Memorial day, just to relax and catch up on my daughter's DEA claim and my SMC "s" claim. I'll try to find it but it'll be a bit. Sorry! pr
  13. Thanks, hedgey, and that's why I stress getting things done, now. That way the funeral director won't suck the family dry. His wife wanted to know what casket was proper. I advised her the cheapest one, as he was being cremated and most of the casket was covered by the US flag. Besides he'd have been really p*ssed if he knew you wasted a bunch of money, on a fancy casket, only to burn it. If your loved ones don't know what you wanted, they run the chance of being shamed into expenses they can't afford, out of guilt. The best thing to do is leave some kind of death instructions, in a letter and sign it. You can have it notarized, if you want, so it takes the responsibility off you, when a family member bitches about something. Death brings out the worst in people, sometimes. jmo pr
  14. Thanks Carlie! Yup, they are skeleton crews. The active duty were sharp but those VFW members left a lot to be desired. To me, they actually looked more like homeless VN vets. Hey, maybe they were and the VFW was requiring this for receiving the VFW's help?? The feds tried to shut down the program a while back and were met w/a lot of resistance, so they reinstated it. Me, I don't want a funeral, just a direct cremation. I just need to find a Vietnamese wife, who'll get my DIC & ChampVA, and make they VA keep paying, and paying, and . . . . pr
  15. Cpl.B - why would you feel ashamed to file for PTSD??? I believe having PTSD means you are or were a caring person and what happened or what you saw affected you. That's nothing to be ashamed of - at least not to me. Please don't give me any of the marine BS bravado, either. I'm proud that I'm a caring person and that it affected me!!! Sure beats being some a**hole who all he cares about is basketball, football or some other foolish a** game. He's probably not even a vet and waves the flag like it's him that protects us. jmo Yes, to both questions, but don't expect it to be easy. pr
  16. Thank you Berta, Carlie, Susan, N Kelly, Pete, chr49, Terry and all, for your responses & condolenses. Berta - I'm pretty sure he's a Nehmer case but won't know, for sure, until I receive his "c" and medical files. Thank you for all the links, they will be a big help. We buried his ashes today. Full military honors and 3 active duty personel, including the electronic bugler for taps. I must say, I found the honor guard most embarassing. I believe they were from the local VFW and looked like a bunch of homeless vets, in cammies, from the VN era. I would have thought they'd have had a clean cut group, in pressed/starched uniforms. At least the active duty were in dress blues. I almost wished they(the honor guard) hadn't come but his wife was impressed and it's about her and him, not me. Thanks again, all! pr
  17. Need a little help. A good friend died, on Friday, 5/6/11. He served w/101st Airborne(but he was a leg/non-airborne) 3/187 "Rakkasans," and was at Hamburger Hill. I'm fairly sure he was over 10yrs at 100%. Two days after he died the VA awarded him 10% for IHD, back to 5/2010, but no change in comp payment. We have the service and burial of his ashes, tomorrow. Cause of death was pneumonia, secondary to COPD. No autopsy done. COPD wasn't SC but has over 10yrs at 100%. Unfortunately no will or trust - people please do these things now!!! It's easier on the family if they know what you want. And, BTW, we "are" going to die, in case you have any doubts. I need to help his wife and need to verify what I need to do. 1.) Apply for his final check. 2.) Appeal his IHD for a higher rating and EED. I believe he's a Nehmer claim, as he didn't file. The VA did it themselves. 3.) File a claim for her for 2yrs of whatever he may have had coming, if we can win the EED and increased percentage. 4.) Apply for his VA life ins benefit. 5.) Apply for DIC. 6.) Apply for funeral and burial benefit. Funeral home says maybe $600 max. I say roughly $2300 is due. ??? 7.) Request a complete copy of his c-file and medical records. 8.) Anything I forgot??? Thanks to any who respond! He's at peace now and his wife is comfortable with her faith. She knows what happens, happens for the best, even tho we may not agree at the time. pr
  18. They could also give you the starting dates, of those awards, even tho they won't tell you the outcome. It's just another way to skin a cat, so to speak. pr
  19. If he's not working he should absolutely apply for TDIU. The additional 10% or 20%, which would combine to 60%, could be for the residuals of the prostate cancer. I believe they can give a percentage, based on the residuals, in addition to the SMC "k" award. pr
  20. You can call the VA and ask what rate you're being paid at and what are the current disability ratings. You'll know if they're different. pr
  21. The rule of common sense. It's also the way it's worded throughout the SMC rules. pr
  22. jbasser - most of these claims are against bankrupt asbestos companies and the asbestos fund decides how much the claimant gets. They sue multiple asbestos companies, where the claimant was exposed thru the claimant's work history, and usually get a settlement from each. The attys get their usual percentage, which a claimant is free to try to get reduced. I used the Simmons Firm, who have offices in Illinois, CA and maybe a few more states and handle claims all over the USA. They always gave me the option of not accepting the settlement offer and going to court. I don't believe the asbestos claims are class action suits because in my case we filed suit against each company. There was never a class action agreement. pr
  23. True john and they've been getting away w/it for yrs. The problem is it'll take 6 yrs to get it thru the court, on appeal. Just another way of screwing the vet and hoping we die first. Many accept their decisions and never appeal, which they know, so they win!!! pr
  24. Once the claimant becomes 100% the VA (illegally) continues to use the combined ratings table, on additional disabilities when combining for SMC. Once a person is 100% they can't be any higher. 100% is the max. Using the combined ratings table assumes the claimant is 0%, disabled or a whole person, when starting out. Additional disabilities should be added using standard math, not "combining," so you are being penalized, twice. pr
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