Philip Rogers

Jeff, you'll learn that you never use VA and logic in the same sentence. jmo pr

Thanks, Don! pr

Thanks, jerr, you're right, that shoulda been $20k annually!!! Oooops! pr

I'm not sure but I don't think he can do that. My atty won me a remand from the CAVC and is still w/me, even tho I'll probably lose. pr

Thanks, Berta but, no, that's not it. Now I'm thinking I dreamt it. He went on & on about how TSN had been hit 30+ times, while he was there, and how bad he had it. Oh well, not important but thanks all for trying. I hate losing my mind!! pr

Thanks, jb & John V! Still can't find it. Not important, just wondering where he got those figures? pr

Sorry, hawkfire27! I just said "if" that's the case. "If" he went back to work he "apparently" wasn't disabled anymore, especially TDIU, which is what you first stated. He also apparently decided not to fight the reduction or lost, if he did. Remember, I'm saying "apparently" because I haven't seen any evidence but am going based on what you've stated and if he continued to receive TDIU while working "it is fraud." Sorry, but it bothers me when claimants claim to be "disabled and can't work" and then when they win, want to, or expect to be allowed to, continue to draw full disability pay and still work. These are not lottery winnings, although approximately 2673, tax free, monthly, dollars is pretty good and may seem like it. That works out to roughly $15.43 an hr or $614 a wk (tax free), for not working. Not too shabby! With SSDI that's even more! I live in northern VT where $20k annually is a fairly good income and average take home, for a single person, is more like $15k, w/overtime. jmo pr

Sounds to me like he may not have reported his employment, which would be fraud and cause a loss of TDIU. Probably forever, if that was the case. pr

Copays can be waived, w/pension, due to hardship, and I believe the VARO Director is the one to whom the waiver request is made. pr

Someone posted that they were at Tan Son Nhut AFB 1968 and discussed many attacks recently and I can't find the post. Help! Thanks! pr

Pete, for you I'm sad but for him, his battle is over. He's at peace now. I hope you can find some comfort in that. I know when I lost my younger brother, a couple of months ago, I was happy for him that the pain was now over. pr

Yes, you can make money but no you cannot work. If it can be considered employment, you can't do it. pr

nomochow - since they are gov't held records I don't believe a release needs to be signed, however, if you really want to use SSDI records for your VA claim, I suggest getting copies yourself and submitting them to the VA. It took the VA over 5 yrs to get mine and they were in the same bldg, one floor down. You can view your SSDI records at anytime. You just need to have your local SS office request them, if they are not already onsite, and they'll schedule an appt for you. You'll be able to go thru them and make any copies you want, at no cost to you. pr

John - I had one back in '94 and it was just a glorified DRO or hearings officer hearing. It'll be recorded and, if I recall correctly, sworn testimony. They shut the tape off for anything they don't want on it. Back then I had to wait a yr or two for the results and in my case it was, oh what a surprise . . . remanded. But 4 yrs later I won, due to the same BVA judge/board member, all the way back to '89, because it was continously prosecuted. It is kinda casual tho. pr

Probably, yes and I believe it can take 3-7 days to leave the VA and enter the USPS mail system. jmo pr

John - Yes, it would be a CUE, "if" the claim was under continuous prosecution. Technically, anytime the VA receives new evidence, they are supposed to make a subsequent decision but they never do, unless the claimant/veteran continues to prosecute the claim. I'm sure many claims are lost due to this procedural error. pr

broncovet - I believe that is correct, when you file a claim against the VA you are prosecuting a claim against them. One can be the prosecutor/claimant or the prosecutee/VA. I'd say it's only negative if you're on the receiving end. I believe, sometime back, the CAVC ruled that the claimant is pressumed to be seeking the maximum award and any claim awarding less leaves the claim open, or something to that effect. Don't remember exactly. pr

As "J" and Pete say, it starts on 8/1 but since the VA pays after the month has past, the first monthly payment will start on 9/1. pr

I believe that "deemed denied" issue only relates to decisions made after the CAVC made that decision. Older claims that haven't been decided should remain open. pr

I don't think it's treated any differently, it just maintains that original filing/effective date, same as original claim date. New and material starts a new date. pr

Don't you think we get enough? I do. It's a darn nice retirement pkg. We should all be thankful for what we do get! pr

To the best of my knowledge it's always been that way. It would be too easy for a couple of VA employees, to work together, and get fraudelent claims approved. pr

Technically, you can, but I wouldn't do it, if I were you. SSDI requires that you be able to work 8 hrs a day, 5 days a week or 40 hrs a week. If you are unable to work, a 40 hr week. due to your disability then you are considered disabled. pr

I suggest using those electric radiator-style heaters. They run about $35-$50 each. I used them last winter to heat my remodeled 385 sq ft garage, that I lived in and they kept it at 70 degrees, easily. Usually only needed one, except when it got below zero, here in VT. I found the ceramic type heaters, w/blowers, to be too expensive to run and annoyingly loud. That should easily sustain a livable temperature in GA. Also, most electric companies can't shut you off in the winter. As for an SSDI atty you may want to check <http://www.nosscr.org/> for an atty in you area. pr

It sounds too good to be true, so I doubt seriously it is. Nice way for someone to get your presonal info though. jmo pr