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Philip Rogers

HadIt.com Elder
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Everything posted by Philip Rogers

  1. The late Alex Humphrey, Esq, used to post here that he could get any vet w/a gaf of 50 or below, TDIU or 100%. pr
  2. Cavtrooper088, yes, I'm saying I don't believe him. Sorry, but that's just the way I feel. I won't say anything more about it or him. pr
  3. There's a saying that says it all: Who in their right mind would commit suicide. pr
  4. When I did mine, around 1999, I had a psychiatrist sign but a psychiatrist is an MD. The Vermont system accepted that and wrote off about $29k, in student loans, that I had used, to survive on, while prosecuting my VA claim. Try having the doc who signs your scripts, do it. pr
  5. The VA can award TDIU based on the evidence of record but they usually like to have a fairly current C&P report to support their decision. pr
  6. Yes! My late friend Tom McNell, won 37 yrs of 20%, retro, about 4 yrs ago. pr
  7. I would file a CUE claim. You will probably need an IMO to present as evidence. I assisted a friend, now deceased, win his CUE claim, a few yrs back, for the same thing and he won 20% back to 1955. jmo pr
  8. I always use the "statement of the case" form. I think that's what it's called. It's a form w/lots of blank lines on it that you write your request on. Don't know the number. You can just write a simple memo, also. Either should work. pr
  9. Thanks CG! I ordered mine today and it should be here next week. I can always use another resource. pr
  10. If you are SC for back and knees, I'd file an appeal w/the prosthetics dept, in addition to filing for a second CA, for the knees, or back. Since they each wearout different clothing, you should be able to get two awards. I believe the appeal process is the same, as for standard comp claims. pr
  11. James, okay, if all the evidence is in, you can request the VA make a decision on the "evidence of record" and that the PTSD be deferred, until the JSRRC evidence is secured. If you have evidence in the VAMC records, you should be sure the VA knows and they have them. Remember, VSC (ie: claims) and VAMC are two different divisions and they don't routinely share records. pr
  12. Matt, why ask for an increase in the PTSD - why not send a NOD, disagreeing w/their decision, on the PTSD rating, rather than asking for an increase??? pr
  13. James: you stated that you filed a claim for an increase. What are you service connected (sc) for, already?? You can request the VA defer a decision on the PTSD and make a decision on the others but they don't have to do it and I don't know that they will. pr
  14. It's just a screening tool. Later they may use them to weed out those who may actually have adjustment disorder, or some other malady, in an effort to cut their budget but for now I wouldn't worry about it. Just keep going and telling the truth. jmo pr
  15. I'm not understanding your question about the 'one year?' Please post more. pr
  16. Better to file a NOD, as to do otherwise would lose the retro date. jmo pr
  17. You should wait for the official letter before doing anything. You have a yr to file your NOD. Your letter will give "reasons and bases" for their decisions. From that you can decide what you need. During your claims process you should've received a VCAA letter explaining what you need to prove your claim(s). The NOD should have no affect/effect on your 30% rating. If you feel your PTSD should be rated higher you should appeal that, also. The VA will not hold up your claim until all is settled. pr
  18. Since you are already SC, for your cervical arthritis, the VA is required to schedule a new C&P exam for that condition, when you request an increase. It is assumed to have gotten worse, just by your request, and now they must evaluate your present condition. If you have been being seen by the VAMC, you should advise the claims people or they won't request that evidence. The VAMC and the VBA don't usually share records unless told about them. You have a yr to gather and submit your evidence, which you should gather, if you expect to receive an increase. They generally make a decision earlier based on any evidence of record, a new C&P and any that you've submitted. Their general feeling is that if you are not being treated, you are either better or your condition has stabilized. If you are not being treated by the VAMC you should enroll. pr
  19. Judging by the 8/1 date, I'd guess that they've included the 5 month waiting preiod that went w/your husband's award. SSDI doesn't start paying until the sixth month after we become disabled. I'm assuming that's what happened but you should call to verify. Please post their response. pr
  20. I'm not sure on the retirement but I believe it depends on how he set up his pension. As to the VA, I believe, she would be entitled to the DIC, plus if she was married to him the 8 yrs just prior to his death, an additional sum of about $300 a month, so her total would be somewhere between $1300 - $1400 a month. pr
  21. Not that I know of but it never hurts to ask. You can use your DoD ID card and get the Gov't rate, which can be up to 50% off, at the major chains. The smaller motels, which appear to be owned by persons from 3rd world countries(ie: India, Bangaladesh(sp), etc.) these days, almost never give a discount. If you have the DoD ID you can find good deals on many bases, in transient enlisted or officer housing, depending on your last pay grade. pr
  22. Allan, as far as I know you can get compensated for Mesothelioma and Asbestosis, from outside sources. I don't know what the VA does for it. Meso is fatal and it's not nice. It doesn't show up until yrs later. My mom died of it and that was 48-50 yrs after her exposure. They can tell by a biopsy what kind of asbestos it was and I believe meso is very specific to one or two types of asbestos. I believe plueral thickening can also be caused by TB and pleursy. I show positive, for exposure to TB, which I'm sure occurred in VN. pr
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