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Philip Rogers

HadIt.com Elder
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Everything posted by Philip Rogers

  1. I'm currently 100% P&T, for PTSD, for over 20 yrs. I was discharged in 1968, having served 2 consecutive years as a combat infantryman, w/the 1st Cav (65-67). In 1971 I was in a serious motorcycle accident w/multiple fracures of leg/arm and body, etc. I spent 5 days in a coma, 2yrs in and out of surgery, and have no recollection of the accident. In '73 I applied for VA assistance and was awarded NSC pension for the injuries. Through my counseling over the years, I now believe my "accident," and have for about 15 yrs, was an attempted suicide. The description in the accident report shows a high speed collision with a parked car, at a curve in the road, of which I was very familiar. It appears I accelerated directly into the car, intentionally failing to make the turn. No alcohol or drugs were involved. Now, looking back over my life and how I believe I've had PTSD since my return from VN, I would like to rectify the NSC award and have it changed to SC. The additional awards would mean SMC for me. At that time a claim for NSC was a claim for SC. I'm thinking about filing a CUE for the VA's failure to consider SC. What are your thoughts and do you feel there is any way to correct this. Thank you, I appreciate your time!!! I feel I could get a Forensic Phyciatrist to give an positive IMO on this. pr
  2. Yeah but I think if you want to use Officer's club & BOQ or NCO club you may need rank on your card. Below E-5 I don't think it matters. jmo pr
  3. I was curious cuz I've just been diagnosed w/PN, in both feet, and was trying to figure out if that'll raise my DB-II rating or if it will be a separate rating. pr
  4. Could someone please post the ratings code number that PN is rated under? Thanks! pr
  5. You might try hiring a lawyer, specializing in VA law. jmo pr
  6. Why do you feel it should be service connected?? Does it fall under one of the presumptive diseases?? How much active duty(AD) time did you have, before you went AWOL and received the OTH?? What are the dates of AD?? You stated two different periods, is why I ask. Could it be you are just trying to blame it on the service?? Could it have been pre-existing but undiagnosed?? Thanks! pr
  7. It's not unusual for them to request you to cover out of pocket expenses. Generally items such as routine phone calls and copies are included in their fee. They should be the one's getting your records but you could assist, which could expedite them receiving them. I recommend you go to www.nosscr.org and find someone, in your area, certified by NOSSCR. I had excellent service w/the atty I found thru them. Less than 8 months from the time I signed until the ALJ awarded my claim but this was back in 1999, and I was awarded 7 yrs retro. pr
  8. grasshopper - you have so much to learn and much time to learn it. The object is not to pay you! That being said, you must prove your claim. Seeing a doc, taking meds, is not proof. Please post their "reasons and bases" for denial, as carlie requested and perhaps we can point you in the correct direction. Welcome! pr
  9. Thanks, Pete, Don and Adora!!! That should take care of that aspect, now. Double thanks!!! I needed a letter from my Trust atty and that cost me $211 extra. Trying to save where I can. pr
  10. I'm dealing w/a bank and they are requesting proof that I need not file Federal income tax for 2009. My gross & net income for 2009 was $43,860. The $32,076 was from VA Comp and $11,784 from SSDI. I'm looking for an official link that states that VA comp is not taxable. Thanks!!! pr
  11. I've got 2 Acers and I love them. They're about a yr old and I only paid about $300-$400 each. I'll never pay more than $400, again, for a laptop. jmo pr
  12. It could have been made in error. VA comp has nothing to do w/means, unless he's being paid for TDIU. I'd call and check on it or send an iris inquiry. jmo pr
  13. I believe the VA won't raise you from TDIU to 100%. I seem to recall reading that since the pay rate is the same, either the BVA or the CAVC ruled that it's a moot issue. Unfortunately, I don't recall the case where I read that. As for P&T you can just write them a request, in letter form or use the "Statement in Support of Claim form," not sure of the number, it on that. Any evidence you have should be submitted w/it. Remember being 55yo or older or having a static condition(no improvement in five yrs) are two elements used deciding whether you're P&T. pr
  14. I'm thinking it's because it's a CUE and they have to go on the evidence of record, at that time. A new C&P would be evidence of how you are now, not then. jmo pr
  15. We lost our Mom due to asbestos. Not service related. She had mesothelioma as her cause of death(COD). I'll try to be there, for the show. pr
  16. Yeah, right, it's curable. I sincerely doubt it but congrads on the award. Stay on it! pr
  17. Generally I would say he's been awarded 100% or TDIU, w/P&T, however it could be an error, as I've also heard of those recently. Call the 800 number and have him ask what his current rating is. It's usually in the computer if that's the case. Don't ask if he's won, just what his current rating is. pr
  18. prietosky - I don't know. For you to appeal you need to have been denied. What did they deny and why??? Please post the decision and the explanation from the "reasons and bases" section of the decision, so we can offer you an informed answer. Thanks! pr quote name='prietosky' timestamp='1280760401' post='211913'] My appeal is with the DRO, he request a PTSD C & P exam which will be the next week, been in PTSD clinic for Treatment by this condition and with a diagnostic for PTSD since 2008 and still in monthly appoiments.CAB was awarded for receiving multiple blows with IED and RPG attacks in which I was wounded while conducting route clearance missions.My last appointment last week my gaf score was 50, based on this information, what are the chances of winning my appeall? Comments will be welcome
  19. JOHN1 - they could request another C&P, if your last C&P is over a year old. However they aren't supposed to submit you to another C&P if you're over 55yo. If the ChampVA insurance would be helpful to your family, you might consider requesting P&T. If not and waiting a few more years would make you more comfortable, go with that. If you're 100%, now, I doubt they'll take it away. It's your call. pr
  20. LarryJ - sounds good to me, if VA form #21-4138 is the "Statement in Support of Claim" form. A simple request on that form usually suffices. pr
  21. Oops!!! Stuff happens. Please keep up your great work and know that all us veterans who come in contact w/Hadit appreciate all you and everyone does here!!! Thanks!!!!!!!!!!!!!!!!! pr
  22. JOHN1 - it's up to you, on the P&T. You can request it now or wait. The VA policy states that if you are 55yo or older there should be no future exams, so you might want to request it now, especially if you have young or college age children or if your spouse would like to return to college. Also, if the ChampVA insurance would help now would be a good time to file for P&T. Be sure to pickup the life insurance and waiver, now, if you can. SSDI generally re-examines the file at 2 or 3yrs (I think it's 3yrs) the first time and 7yrs after that, if ever again. I think due to your age they may waive that requirement. They may or may not send you a questionaire. I wouldn't worry about now. You should be free and clear on both. Try to enjoy your retirement and live a long and healthy life, w/the VA paying you as they well should!!! jmo pr
  23. halos2 - don't be disgusted, as it was your choice. They never offered me a deal but I may have taken one, if it had been offered. I lost a house, a marriage, eventually had to file bankruptcy and ended up homeless, for a while, living in my van, while dealing w/my claim. I have a 20yr claim going now that I'd settle for half, if offered. You did what you had to do to survive. You can always try again later, after the dust settles should you feel that strongly about it. As they say, cash talks and BS walks. Enjoy the win, for now!!!!! jmo pr
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