Philip Rogers

JOHN1 - bump is just moving it to the top of the pile, as no one has responded yet. Yes, it's normal for another C&P exam to be scheduled, in about 2 yrs. There shouldn't be another, before then, unless you file a claim for an additional disability. pr

They may not always do bloodwork but I believe it's a required part of the C&P, for ED. It's possible to use recent bloodwork results to assist in their denial. The goal of the bloodwork is to blame it on anything but your meds or PTSD/depression. pr

Yes, but the award would be for PTSD or some other psychological disorder. pr

You don't need to prove it as they take you word for it, after they do some bloodwork, to make sure it's not organic. pr

I thought, and I may be wrong, that only applied to spouses of veterans rated 100% or TDIU and receiving 100% rate, at the time of their death. Here's a link to the Precedent Opinion for that subject: http://www4.va.gov/ogc/opinions/2009precedentopinions.asp pr

I used Chisholm, Chisholm & Kilpatrick. They won me a remand and were paid thru the EAJA, so no costs to me. pr

I would request a DRO hearing and present the Cypert v. Peake case at the hearing. I agree, you became an eligible person in 2009 and it should expire 2019. pr

Yup, do just what Pete53 said. pr

When did you marry the vet, thereby becoming an eligible person?? pr

I'd go after it. I'd also substitute completely for totally. pr

No!! "No openings" doesn't equate to you being unemployable, period. pr

broncovet - okay, we can agree to disagree. He filed a timely NOD which was acted upon. I see no other way to get it changed. Hey . . . whatever! I feel to win it, it calls for a CUE. CUEs aren't that hard to win. You just need to prove the error. jmo pr

http://news.yahoo.com/s/ap/20100419/ap_on_...coward_abridged pr

broncovet - I fail to see how a new claim will work. I strongly feel he can get it corrected with a CUE claim. In 1985 the awarded him SC at 0%. So now he needs to CUE it for an earlier effective date, thereby correcting the NSC error. He could always claim "grave error" and use Bell v Derwinski (tho I haven't read it lately). CUE isn't that hard to win. jmo pr

Yesterday. pr

It would sure make the case easier for them but they usually want you to have been denied by SSA first, so they can get the max amount for their work. pr

I'm going to agree w/Berta in that death brings out the worst and best in all families. I also agree that you should hire an attorney, to handle the will. Actually, I suggest, if you own anything of value, outright, such as real property, you consider a revokable living trust, as it allows your beneficiary(s) immediate control, upon your death. Trying to avoid attorneys fees can cost in a long run. While purchasing online or general will forms online, unless they've been reviewed and approved by an attorney they could be invalid, causing your beneficairy(s) long delays in providing the benefits you desired. jmo pr

nsallies - you should check your c-file and see if that letter is there and, if so, it would be the VA's fault and you could probably get a waiver. pr

hedgey - I'm saying use a professional because it's been so long and because you have problems dealing with this stuff. It's been long enough that you'll pay the max allowed and a good rep will jump on it. They get paid if you win and the max allowed is about $5300. Additionally they'll know how to develope evidence for your claim. Well worth it! ! ! They won me over $51k, retro, and I paid the max, at the time, which was $4k, then. I'd been fighting my SSDI claim for 7 yrs. pr

nsallies - thank you for the following IM from you: "This forum is for constructive advice. Veterans helping Veterans. If you feel the need to accuse someone of something or reply negatively on a personel level then open your own website." I've reread your post. This was not an attack! My point was "you continued accept payment from the VA, w/no reduction, so "I feel" you obviously "knew" they hadn't removed your 1st wife as a dependent. You probably did notify the VA but you also had a "duty" to follow up when the amount of your payment wasn't reduced. In my opinion, it's obviously your fault, so don't claim innocence. Hey, you just got caught - no biggie. Also, I gave you my opinion as to what "I thought" you could do. In dealing w/the VA or anyone, you might want to consider the following quote: "If it can't be read, it wasn't said!" jmo If anyone here feels my post was an attack, please feel free to jump in and let me know. Thanks!!! pr

At this point I'd contact someone specializing in SSDI claims. You can choose anyone you want. I recommend going to http://www.nosscr.org/ to find someone in your area. You'll probably need to go to the ALJ appeal level and it'll probably take about 2yrs to get it awarded but it'll be a nice retro check when it comes. Every day you waste is lost money that could help you and your family. jmo pr

j - thanks, that's my opinion also!!! pr

Berta - My successful CUE(6/09) awarded her DEA benefits but she had first applied in '03 and now they are saying her award can only be from '02, if she wants to use them. They say she could claim an earlier date and they would allow it but not pay any money. I feel the successful CUE wiped out/voided the '03 application and she has a choice of my original claim/award date, the date of her notification, of the award from my CUE, or any date, in between, she chooses. She's tired of the fight, at this point. On your claim, did you get DEA from both spouses? In my 6/09 successful CUE they failed to award my ex DEA benefits, so I feel I have another appeal to process. She should be able to collect for classes, we paid for, from '91-'94. Thanks! pr

Wasn't the "Reconsideration" sort of just a delaying tactic while you decided whether or how to go to the CAVC??? Also, you can still file a CUE on the 1999 decision. There doesn't have to be just one CUE claim. pr

Do what Larry said!!! pr