Philip Rogers

Roly - I see the C&P as a good thing. Technically, you shouldn't be going to the BVA yet. When that evidence submitted by your wife, only friend and vet center counselor was received, I believe, the VA was required to re-evaluate your claim and make a subsequent decision, which they rarely do. You can apply for TDIU at any age. pr

grent - where did you find this?? There used to be a regulation, 38 CFR 4.16c, that stated basically this but it was rescinded 10/8/96. As others have stated, you should apply for an increase to 100% or TDIU. In that TDIU request I would add the following statement: If for any reason I am found not qualified for TDIU, based on 38 CFR 4.16a, then I request "extra-schedular" consideration, under 38 CFR 4.16b, as I am unable to work due to my service-connected PTSD. pr

So, are you still on Active Duty, awaiting discharge?? What are your dates of service?? Thanks! pr

I can't figure out what you posted with all the crap that's in it. Please re-post. Thanks! pr

You won't get an SOC until after the DRO issues her decision and then only if denied. pr

retiredat44 - didn't you just recently get your decision or am I confusing you w/someone else?? CUE is reserved for claims that are final, in which the 1 year appeal period has passed. pr

I'd file a CUE on the 1972 rating that doesn't rate the scars. It's never too late to file a CUE. jmo pr

You have 30 days, from the date of the proposed reduction, to request a hearing. Failure to request the hearing "will" result in the reduction happening. At that point you would file the NOD. If you are still within the 30 days you should request the hearing and bring all your evidence, that would be in your NOD, to the hearing. If you're successful there won't be a reduction. Also, I would request an increase at the hearing. Sometimes the best defense is an attack. Having a hearing will stall the reduction, a couple of months, even if you lose. pr

I expect nothing more from any industry, these days. All honor is gone and now profit rules, but I think our society should carry some of the blame. We've allowed it to happen. The mores of our society have diminished. I see us as the current day Romans and we know what happened to them. They're gone. Sad but true! jmo pr

jmo but, since the surgery wasn't done at the VA and you never filed a claim . . . you lose - no CUE, no retro. You should fair well on your IHD claim but it's your mistake, according to the VA. Sorry!!!! pr

jmo but, I believe, if the VA didn't consider those scars in the original decision in 1991, then you have a CUE for either 10% at minimum or possibly 20% retro to 1991. Was the surgery done at the VA?? pr

You should be allowed to get the famous MWR tan ID card for both you, your spouse and minor children but it will have an expiration date on them. This allows you to use base facilities. pr

Here's a link to the exam worksheet: http://www.vba.va.gov/bln/21/Benefits/exams/disexm43.htm You should you review it. Be sure to tell the truth. Don't hold back. Be sure to let them know exactly what's going on and you'll do fine. pr

Having been thru what you are going thru, I suggest using an attorney. 75% of something is better than 100% of nothing. Took me over 7 yrs to win SSDI. The first 6.5 yrs I did myself and kept losing. The last 6 months was w/an attorney and she won all the way back. Best money I ever spent!!! It's your choice, tho. jmo pr

I'm w/Larry. ???? If you're receiving 100% pay what's the difference? If you're receiving TDIU it is unlikely you'll get increased from 70% to 100%, for PTSD, as the pay is the same. jmo pr

Timely = sometime in the future (hopely before you die). roflmao sorry! pr

The navy ship logs will have all that info. I believe the navy keeps those down in the DC area. One of our swabbies (term of endearment) will respond, w/more, shortly. pr

Good on him!!! It'll tide him over while he appeals! pr

Keep calling 1-800-827-1000 (aka 1-800-more-BS) and keep us posted as to how you make out. I hope "what you believe is true" but . . . . and I don't know if you're interested but I have some ocean front property, in Nevada, I'd like to get rid of and I'm only asking $109 an acre. How many acres can I sign you up for?? jmo pr

Bonzai - she has a choice of the date of notification of award, your effective date or any date in between. You'd better explain to your daughter that life is full of disappointments and the VA is the first of many. She will win but it takes time. Also, as SLEDGE stated, it's her claim and the VA won't/shouldn't discuss it, w/you, unless she's authorized it, w/a release. pr

Not really sure but you could fly home, for the exam, if need be, or ask them to do the exam thru the state dept. I would think the latter could cause you further delay. jmo pr

If I were you I'd file for SMC, for ED, tomorrow. It shouldn't cause you any problem. jmo pr

Are you implying that because you had a heart attack you had heart disease?? I'm not sure but must heart disease come before a heart attack?? Or is it possible to just have a heart attack w/o heart disease?? pr

I would think it could/would be now rated as direct service connection. pr

I would think if someone applied for IHD, earlier, and was denied the VA would use that date. jmo pr