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Philip Rogers

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Everything posted by Philip Rogers

  1. Chances are your ETS hearing exam and current hearing exam weren't the same type. Back when I got out ('68) they did what were called, I believe, threshold exams which are much different than the exams these days. You really need to have a very severe hearing loss to be compensated by the VA. I think it was set up that way so they don't have to pay. jmo pr
  2. If I've read and understand this correctly, I, personally, feel you could have a CUE and/or informal claim for the TDIU retro. The in-hospital stay and the Dr's diagnosis of PTSD/unemployable should have been an informal claim. If that stay was for a PTSD program they should have had you file a formal claim, then. But don't expect to win easily. jmo pr
  3. BigCountryVet - If that was aimed at me, who said anything about pals!!!!!!! My point was that there were vets working there, with many yrs experience. Now most of the experienced are gone and in order to keep up stats they would need to hirer more academics, who generally have little use for us veterans. jmo pr
  4. The VA just wants sheep or persons who will follow their instructions working for them. Viet Nam vets probably had a higher ratio of veterans working at the VA than now, as many VN era vet employees have retired. I doubt there are many vets working for the VA now but that's just my opinion. I believe the VA works hard to deny and/or delay claims. Lawyers do what lawyers are paid to do and at the VA it's no different. Additionally, the VA has one of the best, top notch, PR teams available promoting it!! Everything you read says how great the VA is but "we" all know better. jmo pr
  5. Generally, SSDI will contract w/a doctor, to do an exam, unless you are quadraplalegic(sp), on dialysis or have another such severe disability that they can ascertain from your medical records. To my knowledge, they don't routinely get your VA medical records and would need a release from you to do so. jmo pr
  6. Don't give up!!!!! I, for one, just recently won my claim, for ED, after 10 yrs (and not working hard on an appeal) and received a check for over $10k, retro, deposited in my acct. I had a equally balanced IMO that I offered, over 9 yrs ago, so whatever you do, don't give up. They blamed mine on hypogonadism or low testosterone, causing ED. I also had high BP and alcoholism, both which cause HBP, both of which I, eventually, won SC for. So as I said, never, ever give up!!!!! jmo pr
  7. You aren't responsible for what the VA does, unless you are part of some fraud you and the doctor are perpetrating(sp) and I'm not suggesting in any way that you are. It's not a matter of ethics, either, it's that they "may" have broken the rules and the key word is "may." I agree w/carlie. Also, C&P exams are usually done independently of their duties, at the VA. I believe they get an independent contract payment for the exam, so therefore it could be allowed. Should it not be favorable, you might be able to use it for an appeal. But other than that I wouldn't sweat it!!! jmo pr
  8. halos2 is correct but just because you travel 40 miles each way doesn't mean you get paid 40 miles each way. Most VA's are using a zip code to zip code mileage schedule, so the mileage could be more or less. Mileage should be submitted within 30 days of date of travel for ease of payment. Generally, mileage over 30 days is routinely denied and will need to be appealed thru the appeals process. pr
  9. shett - welcome!! Okay, when was your service? When did you file the claim? When did they notify you of the decision? You have a diagnosis and it's related to service. It need not be combat and an assault does qualify. We need the above anwsered, first. pr
  10. The spouse could be eligible for DIC, if the vet died of an AO related cancer or other service connected disability. pr
  11. I would submit any probative/favorable evidence ASAP!!!!!! Why would you wait. Not submitting the evidence only slows down the progress but adds to the additional burden of an already backed up system. jmo pr
  12. halos2 - they only "routinely" allow back 30 days but you can appeal, as you can w/any VA claim. I doubt he'll win 12 yrs but I'd certainly pursue it. jmo pr
  13. It'll take however long it takes and you should get used to it. You're dealing w/the VA, so there is no time schedule. My feeling is it should be resolved within the next 6-9 months, provided everything they've requested is there. jmo pr
  14. You would need to have filed a "timely" notice of disagreement(NOD), prove that the VA made a "clear & unmistakable error(CUE) or filed for an increase within one year of Jan'06 and be able to prove you were worse one year prior. Without one of those three criteria I doubt you'll win the retro. jmo pr
  15. You should get your MD to write you a prescription, for one, and then you should be able to get one from, I believe, the prosthetics dept, if they approve it. pr
  16. Technically, I believe it should be midnight April 25, 2011. I'd just drop them a note requesting a correction of the date, which would probably be $270. That's something they can correct quickly. Happy anniversary, Tuesday! jmo pr
  17. Glad to hear you're still kickin'!!! Hope you've quit smokin', finally. pr
  18. I can't see how the VA or military service would be responsible. jmo pr
  19. Six figures, sweet!!!!!!!!!! Enjoy what you have left of life, now. pr
  20. An educated guess would be 6-30 months depending on how busy your DRO is. There's no real way to tell. It used to be 6-9 months but lately I've seen it take up to 3 yrs. Sorry!! jmo pr
  21. Sidney56 - you've got to be kidding me!!! I hope you know it can take up to 3 wks just to get from the mailroom to the correct office. I wouldn't expect anything for at least 60-90 days, even if all your paperwork is properly filed out. And if the appropriate evidence, such as birth certs, and marriage cert isn't included, I would expect longer. You should have appplied for dependents benefits with your claim. jmo pr
  22. I'd have to see your actual claim and any awards/denials, since then, to even make an educated guess. The court ruled, a while back, that claims not mentioned, in a decision letter, are to be considered denied, even tho not mentioned, or something like that. Not sure if that would include your claim. pr
  23. crowell98335 - there are only three ways I see you getting backpay to 1990. One is that you have an on going claim still under active continuous prosecution from 1990. Two is that they made a CUE on the denial of that claim that is now final. And lastly that the original claim from 1990 was never decided and therefore still remains an open claim. If it doesn't meet any of those conditions I doubt you'll get any retro money. jmo pr
  24. Bigred122 - How do you know they're missing/lost??? To the best of my knowledge, original copies of a claimant's SMR's are transferred to the VA, when requested by the VA, when a claimant files their first claim. The VA then becomes the custodian of the SMR's. Is is possible the person doing the copying merely missed copying that page, accidently?? I know when I've requested copies, of my records, I usually get duplicate copies of an occassional(sp) page and could also, unknown to me, be missing a page or two. If the records came from the NPRC, I would seriously doubt if any missing page(s) would be intentional, as they couldn't care less about your claim. jmo pr
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