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Philip Rogers

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Everything posted by Philip Rogers

  1. If the claim was never closed, then the claim remains open and it is not CUE. If they made a decision and you failed to NOD it within the one yr appeals period the claim is closed. I need a specific time line, as to their and your actions in order to provide you w/an informed answer. Otherwise it's just guessing. pr
  2. Venturing an educated guess, I'd figure on 18-30 months before hear anything from the CAVC. jmo pr
  3. navydoc2 - thanks, I guess I'm wrong. I did some checking. Thanks for the heads up, as I hate to mislead anyone. That's the second time I've been wrong. The first was one time when I thought I was wrong and I wasn't!!! ;-) pr
  4. As far as I know, VA stops paying, for children, on their 18th birthday, unless they are still attending high school. If the child is attending college prior to age 18 the VA still pays until the 18th birthday. If I'm wrong someone please correct me. pr
  5. What happened between 1998 and re-opening the claim in 2002??? Did you file any notices of disagreement (NOD) or appeals??? pr
  6. Ya know, you can always just mail in your travel pay requests and avoid the standing in line. Personally, I wouldn't be surprised if travel personnel are embezzling money from the travel pay office, by submitting pay slips for vets they deny or that don't pickup their pay. It would be so easy to do. Could be split w/the agent cashier. jmo pr
  7. jbasser - as far as I remember the VA doesn't pay for children over 18 unless they are still attending high school. Am I wrong???? pr
  8. You should be able to get your travel pay for the trip, to the VA, that day. You should get travel pay for the trip home the day you return home. As for her, she ain't worth your time!!!!! pr
  9. John, she was probably exposed thru various jobs she had. From when I figure the original exposure was it took about 49 yrs for it to show up. She died within a yr. There was a cigarette manufacturer that used asbestos, in it's filters, during the mid 50's and it has been responsible for meso in many patients. If you think about it we were all exposed in the 50's, while attending school. Most schools had their heating pipes wrapped in asbestos insulation. pr
  10. John - where did you find asbestosis can turn to mesothelioma??? It's my understanding that mesothelioma comes from exposure to a very specific type of asbestos and it can only be diagnosed w/a biopsy. I lost my Mom to meso. pr
  11. Thanks Carlie, but you give me way more credit than I deserve, if I deserve any at all! pr
  12. Nothing surprises me, at the VA. pr
  13. What better people to handle your claim!!! They know exactly how to get a claim approved and probably in the shortest amount of time. Plus they probably have friends inside the VA. Think about it. Claims filed by them would be properly prepared and could be adjucated quickly, earning the adjudicator work product credits, with little work. Sweet!!! jmo pr
  14. Sure, it can help "nip it in the bud." pr
  15. I received the following PM from ReconRon: "I started this threat, how did my name get after everybody else, when it was my orgianl who started it... I can go to berta and ask why this happened and why my name at the end of the list when i was the once starting it not you ? ? ? I want this to check the orginal time and date of this from reconron thank you" Could someone please explain this to him, if you understand what he's asking, cuz I don't. Thanks, pr
  16. Berta - you can apply to have that CAR award added to his records and get an updated dd215. They will also re-issue his awards, a 2nd time, free of charge, if requested. I received mine a few months ago. pr
  17. If the evidence wasn't listed, in the evidence portion, of the decision, it wasn't considered. Never make the assumption that because you submitted evidence, to the VA, that it is in your c-file. Also, if your evidence is discounted it must be discussed in the "reasons and bases" section as to why it was discounted. pr
  18. http://www.moguard.com/veterans/VeteranAwards.aspx pr
  19. The main problem I see is that VA requires that the chloracne be 10% disabling within one year of exposure to AO and it's now some 40yrs later. pr
  20. As I see it, and I don't know you're effective date but if IHD is noted in your VA medical records, previously, the VA could(but not likely, my opinion) go back to that date(ie: 1994), based on Nehmer. They'll probably go back to 9/09 but I believe IHD claims are being held up while the VA drags it feet trying to (delay/deny) I mean figure out how to process these claims. I believe they are currently being bombarded w/IHD claims. I personally think you'll have a long appeal process trying to get 1994. pr
  21. This is SOP. You made the same error I did about, 15 yrs ago, by not waiving the original RO reviewing the new evidence. As such the RO will review, probably deny(jmo), issue a decision and send it back to the BVA. Should be another 2-3 yrs before the BVA makes a decision and that'll probably be another remand. Sorry!!! Again jmo pr
  22. I believe they are talking about a veteran being disability retired from active duty military, w/30% or greater. Those who are retired w/30% or greater receive Tricare for life for them, their spouse and free care for minor children. They are not talking about regular disabled vets. Go to http://nvlsp.org/ and read the news on the settlement. pr
  23. I sincerely doubt it, unless it carried over from active duty. jmo pr
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