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Philip Rogers

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Everything posted by Philip Rogers

  1. I believe, reconsiderations are only done at the BVA level, after a claim has been denied by the BVA. Generally, a reconsideration is having another individual look at the "same evidence" (not new or additional evidence) to see if they come up with a different decision. Anytime the VA receives additional evidence, prior to an appeal, they are supposed to make a subsequent decision. They rarely do. pr
  2. No, you are not entitled to receive travel pay if you use the DAV van. Additionally, you are not supposed to receive travel pay if you car pool w/another person/vet. Only the person who's vehicle is being used is entitled to travel pay. The VA wants you to turn in offending vets for defrauding the travel pay section. pr
  3. I am not a naval aviator but from what I understand each aircraft had a log and it included flight info and who was aboard. You should be able to get tha info and probably get it online. I believe at the point where you submitted "buddy statements" it became the VA's duty to disprove those statements. It sounds like you had credible evidence of your service in VN. jmo pr
  4. jmo but I'd use the other in-service stressors. My feeling is the VA adjudicator will feel/say "your brother died, live w/it." We all lose family, friends, etc., so it's not out of the normal range of events. You weren't there, you didn't witness his drowning, so I don't feel it would reach a stressor level. On the other hand, as a firefighter, responding to MV accidents, aircraft(a/c) crashes or potential a/c crashes, drownings or possible drownings, I feel they would qualify better. As a former firefighter/emt, myself, I can remember the things going thru my mind responding to an event. You must be prepared for everything and the adrenaline in your bloodstream had you so hyped, that you couldn't start to calm down until you'd done your own assessment or had a conformation of whatever the event is. Check the VA's PTSD criteria for stressors for the period you were in the service. I believe you need to have witnessed or feared the loss of life, yours or someone else's, or something along that line. I believe, a brother dying doesn't cut it. Sorry you lost him!! pr
  5. Yes, it does and no it doesn't help one another. It should help, provided it's for the same conditions, but the VA sometimes, probably more often than not, ignores it and sends you to appeal hell, anyway, as a delaying technique. jmo pr
  6. You stated "she purposely ignored them" but you also state they were discussed. What exactly were her comments??? Were they discussed or ignored??? If they were ignored she would need to discuss or make a statement as to why she felt they had no probative value. When they ignored some of my evidence they stated that the statements weren't sworn, or attested to, so they held little probative value. Please let us know. pr
  7. I always ask for a discount, whether it be senior, veteran or military. I generally ask about a military discount and find most will give you one. I show them my DoD tan DAV ID card and get the discount. Hey, 10% covers the sales tax. jmo pr
  8. stretch - get a second opinion! Generally, I believe they put a sleeve over these. My pcp, at my VA clinic, has stated that they are ordering these on all nam vets over age 50. Think of it as a radiator hose or inner tube w/a huge bubble in it. It can blow at any time. I wouldn't wait. When they go you generally have minutes, depending on the size of the blowout. I, for one, will miss you!! jmo pr
  9. "It's at the rating board." Just so you know, there is no rating board, these days. The rating board used to be three poeple but it has now been reduced to one person, usually a senior rater. Do not fret. pr
  10. The VA would probably use 1/13/11, the date received or the date you signed the TDIU claim. They may use 7/16/10 but I feel it's highly unlikely. pr
  11. If you haven't contacted one of the asbestos attorneys, that advertises on TV, I'd contact one now. They probably have more info on military exposure than the govt. I'd personally recommend Simmons Law Firm, Alton, IL. http://www.simmonsfirm.com jmo pr
  12. Can anyone tell me why you couldn't change RO's??? The VA can send your claim else where, so why not you? pr
  13. I'd stay away from Wacko(Waco), TX. But no suggestions, these days, as everyone is backlogged. pr
  14. Philip Rogers

    Als

    Berta - I think they need to be in-country vets for proof of exposure not to matter. In his case, I believe, he may need to prove exposure. jmo pr
  15. Carlie strikes again!!! Good on you, girl!!! pr
  16. yulooking - if you became disabled before age 22 you would collect against your father's account. If they denied you, due to lack of quarters, it would seem they made the equivilent of a CUE but for SSDI, not VA. Check w/your lawyer on that. You could have a large retro due, if they did. As for the pre-existing condition the army accepted you so they can't deny now. jmo pr
  17. halos2 - they can't legally do that. You may want to check with an attorney. pr
  18. Ya know John, if it were me I'd appeal the guitar. I'd become such a thorn in their side!! That's such BS!!! It only has to make your life more satisfying, not cure your condition. When I get back to NC, I'm going to start asking for my deck to be enclosed, probably a small greenhouse and maybe a hot tub. pr
  19. hedgey - a couple of reasons vets file additional claims are 1) to try to ensure that if they die their spouse will get DIC, 2) to get the service disabled life insurance, if they didn't purchase it initially, and 3) because additional disabilities can pay Special Monthly Compensation (SMC), which is additional to the 100% payment you are receiving. pr
  20. David - I hope you don't mind me correcting you but the VA will not pay if any other insurance pays. If medicare pays the veteran is stuck making the coins payment, unless they have other insurance. The VA requires that they be notified within 72 hrs of the service or admission and even then they usually deny payment. Claimants should be prepared for a long battle w/the VA to get them to pay. I am just staring one now. pr
  21. To the best of my knowledge, there is no reason why you can't move it. Remember that moving it may cause you the need to travel to that RO for more C&P's or hearings, should the need arise, and they won't pay travel to the new RO. pr
  22. My claim started w/the Manchester, NH, VARO and they were dragging their feet so bad that I got a mailbox, in VT, so I could have them do my claim. I found out later I didn't need to do that, I coulda just requested the VT VARO do my claim. I eventually won steady increases, that were moot when I won 100% thru the BVA, retro to day one. pr
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