Philip Rogers

carlie - am I missing something here or did I misunderstand your post?? James stated he was 30% for PTSD and is now 50% for PTSD, a 20% increase. Mental ratings are @20% intervals until 70% and then they jump to 100%. just sayin' pr

deanbrt - sorry but I don't know what you're talking about. Sorry you couldn't find what you wanted, here, but sometimes the free help you get here is worth just what you paid for it, which I believe was zero. I, personally, think we do a pretty fair job, for a bunch of disabled vets, who "volunteer" their time here! Good luck in your quest, whatever it is! jmo pr

I agree Berta, but I saw it was a 2005 claim, so I figgered whichever reg would be more advantagous to the vet would be used, which is why I suggested the IMO. A claimant can always get one thru a Vet Center. Vet Centers are usually on the vets side and can be a great help . . . and the VA seems to accept their opinions. jmo pr

Yup!! XO pr

jmo, but it sounds, to me, like their system, or part of it, is currently down. pr

Okay, Carlie, I'm gonna drop the topic, on my end, cuz I think we're just going back and forth over the definition of reconsideration. Anytime the VA receives additional evidence they are "supposed" to consider it and issue another decision, however they rarely do, if the decision's already been made. As for the claim I'd request another C&P, because I don't feel the VA will allow the claim until their C&P doctor gives a PTSD diagnosis. An IMO could certainly help expedite a proper decision. jmo

Carlie, their excuse of past 30 days is BS. I believe the court ruled that any claim received by the VA has been received by the VA, no matter which dept or RO received it. The claimant is not expected to know to which dept the claim should be directed. pr

It appears from your post that either he had a temporary 100% or was reduced? Was he reduced and if so from what, and why?????? pr

Carlie, just to clarify something: One cannot reconsider something they have never seen, so I would change the word reconsideration to consideration. It's like an allergy, you cannot be allergic to something you've never been exposed to(except maybe work but then I don't think it's really an allergy, lol). Other than that I think it's very well written. pr

This is just my opinion, but, as pete992 pointed out, the VA will consider the new evidence. That being stated, I believe a reconsideration would be the exact same evidence but reconsidered, which I believe will be rubber stamped, for the reasons I previously stated. If new evidence is added it is no longer a reconsideration, it would technically be a NOD, w/new evidence. The VA is supposed to consider the new evidence and either approve the claim or issue an SSOC. What I've found is the VA routinely denies it, again, and issues an SSOC, thereby sending it to appeal hell and getting credit for completing another claim, for the rater. Again, jmo. pr

Okay, Carlie & Berta, whatever you say. I'm not trying to argue w/either of you. I was not so much concerned w/whether it is allowed, as I was that it's probably a waste of time. Over the past 21 yrs, of my dealing w/the VARO's, I've found that most, if not all, raters, assume the previous rater did their job properly and almost never review a file prior to the previous decision. So, if something is missed, it continues to be missed. This even happens w/DRO's sometimes. Since they are not penalized for their errors what would be their reason to reconsider a claim??? Raters are evaluated on the basis of claims completed, not claims completed "properly." To me, it makes no sense to properly reconsider a claim when it can be just rubber stamped and sent on and hopefully the BVA will catch the error and remand it but, by then, it's been delayed 2-5 yrs. If you'd like I can delete my post. jmo pr Also, if it's such a great idea don't you think the VBM would recommend it??? just sayin'

There's been recent talk about a "reconsideration" at the VARO level. I, for one, disagree with the thought of it, at the VARO(RO) level. I cannot find anywhere where it's allowed/considered. Please correct me if I'm wrong or have missed something. I do know, and I say that because a wonderful poster here, the late Alex Humphrey, Esq., 5th SFGA, 1964-65, and a great friend to veterans, here, would always recommend that any reconsideration be avoided because, if it were done, it would be routinely rubber stamped, by the same person, although illegal, as valid and if disagreed with sent to "appeal hell"(my wording), thus causing a 3-5 yr delay. I only regret not meeting Alex, in person! jmo pr

My feeling is you should file, a NOD, on you current rating, and file for TDIU and/or 100%. Why file for an increase, when you can increase your present rating, thus preserving you initial award date and perhaps getting more retro money. Remember the VA is supposed to consider TDIU(38 CFR 4.16b) anytime they see the word unemployable. I believe failure to do so would be a CUE. jmo pr

Hey, John, when ya win, I think you should buy us all lunch, at a golden corral, near you. I'll help w/the bill, if ya want! Go get the bastards!!!!! pr

It's a shell game and they hope you'll give up. They just denied my 4 day hospital stay, in Nov. I had the hospital's social worker call within 72 hrs and get it approved, which she did. Now, they're denying it. Just more BS!!!! pr

Has your spouse applied?? It's their claim and she/he needs to apply, not you. Be sure it goes to the regional office that handles educational claims and will probably need to submit copies of marriage license, birth certificate, divorce papers(if any previous marriages), along w/copy of your award. As for the date, for DEA benefits, it can be date of marriage, if marriage took place after the award of the P&T. You'll have to check the rules here otherwise, as they've been posted many times. pr

To the best of my knowledge, your wife cannot file a claim for you, unless she has your POA and the POA is acceptable to the VA. pr

capted - is there any mention of the buddy letters, in the evidence section of the decision??? The only thing I can see that would be better is if the letter(s) was sworn/attested to. It sounds like they either don't have them or just outright ignored them. pr

I agree w/Bonzai, sounds like a rumor. I, personally wouldn't ride w/them unless I had no other choice. First off, you're stuck at the VA until they're ready to leave. pr

hedgey - I believe that if your husband became TDIU, w/P&T, you'd be eligible for ChampVA. pr

carlie - look up "reconsideration" in the VBM. You are correct, everytime the VA receives additional/new evidence they are supposed to consider it and render a subsequent decision.

capted - please delete your posted decision and re-scan and post it without the personal info, such as name SSN, claim number, etc on present. This is for your protection. pr

To the best of my knowledge there is no reconsideration procedure at the RO level. If you are submitting additional evidence, after a decision is made, you must be disagreeing w/their decision (so it would be considered a NOD). pr

Yes, but it's not called a reconsideration, it's called a de novo review. Remember an SOC is not a decision but is just a statement of the case as the VA sees it. You could refute aspects of the SOC and request an additional decision, prior to the BVA appeal, but I feel they would probably just ship it to the BVA, where it would probably be remanded causing you a 2-4yr delay. jmo

I suspect that if the VA new you ran a sports memorabilia store they'd take back the TDIU and pursue a fraud claim against you, especially w/an adjustment disorder rating of 50%. jmo pr