Philip Rogers

supportmyfellowvet - this post is incorrect. 38CFR4.16(b) states this. Please correct or delete this post. Thanks! pr

I'm suspect of this claim. Nothing I can see is to be gained. I shipped out w/the 1st Cav in August of 1965. We arrived in September 1965. Some advance units may have arrived in August 1965. The SOG, w/stabbing and no record, makes me suspect. Send for a DD215. It can't hurt. pr

No offense, J, but a veteran should always request the maximum allowed, for that disability/condition and it should be stated that they are requesting the maximum allowed by law. How can the veteran be expected to rate himself??? He has no experience. pr

Good on you!!!!!!!!!! Great idea!!!! More than one way to beat 'em. pr

I just remembered, if you are requesting an increase, the VA is required to give you a C&P. Also, there used to be CAVC case law that may help you get around the one yr NOD thing. It had to do w/something like the assumption that the claimant was seeking the highest rating possible and if it wasn't awarded it was automatically considered appealed, or something like that. Someone else may be able to quote the case. pr

http://www.usa-federal-forms.com/usa-fedfo...nonfillable.pdf Remember, travel forms for "authorized travel" should be submitted within 30 days of travel date, or face probable denial. You can submit travel for any other dates, which must be considered and can be appealed, as with any VA decision. pr

'Bill (USAF Retired) - just download another travel form, fill it out and mail it in. They should pay it. pr

sandboxsquid - I don't recall your award date but why would you request an increase over a appeal(NOD) of the original award?? They'll probably do another C&P, if it's been a yr or more since the previous exam. You should read the ratings criteria to see what level of award you meet. Remember you need not meet all the criteria at a particular percentage to receive that award. pr

Hi Grent and welcome! I'm in VT and doubt seriously you'll find a doc who'll do an IMO for free. To the best of my knowledge Medicare doesn't pay for IMO's. pr

I don't doubt it "may" happen, but probably only to the newly disabled. jmo pr

Yup, I believe the ID comes w/100%. The card will just have an expiration date, rather than indefinite on it. pr

Gary, the hospital was supposed to immediately notify the VA that a veteran was in "their care." The hospital wrongly billed Medicare, because it's easier and faster to get paid by Medicare. The hospital should refund the monies collected from Medicare and now bill the VA. The VA won't pay as long as Medicare has paid. Hospitals routinely bill Medicare, over the VA, because VA pays so slowly. Good luck, you'll need it. pr

Nooooooooooooooooo!!!!!!!!!! The VA will never be a secondary payer. The VA will pickup the whole cost or nothing. pr

I'd go after the CUE. They aren't that hard to win. I helped my late friend, TM, win a CUE back to 1955, for prostatitis(sp), a couple of yrs ago. pr

Yes, I believe they do for pension. I believe the VA considers all veterans disabled for pension, at age 65, tho I can't quote the CFR at this time. pr

Thanks, I will but probably not until mid week. pr

Thanks, Pete!!! Sad thing is he's 6 yrs younger than me. pr

Thanks, everyone! The other driver was hurt but survived. I don't know why it happened. His wife states he used to have flashbacks when driving and would swerve towards the middle of the road, while driving, saying something like that's what we're trained to do. She's a terrible historian, as she is disabled also and doesn't understand much. I think she's mentally challenged. I'm just trying to help. He's not a VN vet. Shamrock, I'm sorry this upset you but this about getting her benefits. There were no witnesses. We'll never really know what happened. I know he wouldn't have intentionally injured another. I'm working on getting the accident reports and medical records. I know he had suicidal ideations. Thanks all for any input. I may not be able to post, as frequently, as right now I'm dealing w/my non-vet brother, who's being discharged, Monday, from the hospital, to me, for palative/end of life care. I have a lot going on, right now. Thanks again!!! pr

A friend was killed, about 6 months ago, when his pickup swerved into an on-coming vehicle. He had been rated 100% P&T, in '08, for PTSD. He had active duty from 9/77-9/80, 3/03-6/03, 6/03-1/04 and Army NG from 3/03-4/04. He'd been to Iraq where he operated trucks, in convoys. His wife put in for DIC, stating his death was caused by him falling asleep due to his VA meds, but it was denied. No surprise. Death certificate states basically multiple trauma due to MVA. Myself and other friends feel he either committed suicide or perhaps was having a flashback to when he was driving in a convoy. He was receiving dialysis and was on his way home, from that, when he crashed. Need to help her win DIC claim. I need to find out what was SOP when operating in convoys at the time. Thanks!! pr

jjrbus: jmo but I feel you should pursue a claim against the VA, possibly a CUE, on your previous claims, especially the gun shot wound & the ptsd. You have a better chance of winning that than the lottery. jmo pr

I sincerely doubt the VA does autopsies but if they do they would be kept secret. Think of what it could cost the VA if they did them and published them. It would be like a PD investigating themselves. They're always found innocent. Better not to chance it. jmo pr

I would have her apply. She probably isn't qualified but ya never know . . . . Your TDIU usually needs to be P&T to receive chap 35 bennies. It should be in your award letter. It'll usually states chap 35 awarded or no future exams. If it states future exams will be scheduled, you are not P&T. If not you should apply. jmo pr

I agree, poolguy11550, but that's like saying you have medication or a prosthesis and you are now better. I think there's a good argument for that, plus the one C&P exam theory. jmo pr

Just my thoughts but since he's been rated 100% over 10 yrs, even tho it's an error, the VA still can't reduce him on the basis of one C&P exam but needs to base any reduction on the complete history. I think he can stall it for at least 6-12 months, if not permanently. That being the case they'll need to explain the reason and bases for the reduction, in detail. pr

Try this link: http://dva.state.wi.us/benefits.asp pr