Philip Rogers

purple - first, I have no "personal" beef w/you. I also don't advocate lying here on Hadit, nor anywhere else. I did read your posts on the other subject and see what you intend to do and is that not, in effect, lying? I'm saying accepting payments from two entities w/o explaining to each what you are doing, could be considered lying or dishonest. On the other hand it's merely withholding information. jmo None of this is meant to be an attack on you, in any way. pr

I disagree. "I did not have sexual relations with that woman, Miss Lewinski." I don't believe omitting something is lying. Just like you think there's nothing wrong w/settling a claim that an insurance carrier should be reimbursed on and don't think they should be. We each have our own mores. jmo pr

I would say it's just withholding evidence, that may or may not be pertinent or relevant. The VA does it all the time. jmo pr

TDIU counts! You get it all. pr

Yup, you generally get it when you have no future exams. If you get ChampVA you can get your card. pr

iraqx2 - I understand the 11/07 thing was an attempt to reduce your award. They do that sometimes and sometimes it costs them for trying. You'll need to refute their rating by showing that you should have been rated higher, at that time. Inferring that you are worse now only confuses the issue. I'll be waiting for those documents. pr

iraqx2 - I agree you should get the retro, if the 11/07 exam showed you were worse and that you should not give up! $10k is big bucks to most vets. Could you clarify a few things? You originally stated the VA called you in for a re-evaluation in 12/07 and also state that the C&P exam was done in 11/07. This is somewhat confusing as I've never heard of them doing an exam before they decide to re-evaluate someone. You also stated that "you filed another C&P stating that the retro"- did you mean NOD? In the 70% award what did they say about TDIU?? They were required to state something about TDIU. You stated "On the TDIU, it is active and they are working on it" but I need to know exactly what they said about it. Any way you can black out the personal info and post your award letters?? We only need the critical stuff, such as Introduction, Decision, Evidence and Reasons. It sure would help to see all the decisions. pr

It means the claimant is 100% service connected disabled and it is permanent and total in nature. It basically means the claimant should have no future C&P exams and carries w/it additional benefits for family members, such as Chap 35 education benefits and ChampVA insurance. pr

I would file another NOD, correcting info in previous NOD's, stating that they made a grave procedural error and that since your claim has been under continous prosecution and that the award date should actually go back to Nov 2007, the date of the C&P exam. Also state that your submission of addition evidence in Nov 2008 was just a submission of additional evidence and was not meant to establish an increase in disability date but was verification that your disability was actually worse than they rated it, previously, in Jan 2008. I think you need to correct some of your claim. You can't agrue for an EED, by arguing that you are worse now. You must argue you were worse than they rated you, then, in Jan 2008. I'd also request a DRO hearing. With the 70% rating, they awarded, did they consider and deny TDIU and if so why?????? pr

They are not supposed to do any more C&P exams once the claimant reaches age 55 or has had the illness/injury/disability for 5yrs or more w/o improvement and there is one more I can't currently think of. They can and sometimes do review claims and order new C&P exams under the pretense that "the Claimant may have worsened" but I believe that's just a ruse to try and lower the rating, thus saving the VA money. Other than that it's protected at 20yrs, unless fraud is/was involved. pr

mags1023 - sorry, I got this confused w/an earlier post, by dingo. Getting old sux! pr

cg - yup, really!!! The docs are given instructions, especially what to look for. They observe everything about you. I had an exam for my back and when the exam was over the lady doc directed me to travel, for payment, up some back stairs(a short cut according to her), cuz she wanted to see how I handled stairs, even tho the exam was, "allegedly," over(my opinion, from the C&P exam report). In law school future lawyers are taugh never ask a question that you don't already know the answer to. Look at how the VA handles TDIU (supposedly IU by VA insiders) and quotes only 38 CFR 4.16(a), to the claimants. pr

jbasser - did I miss something? Where did it say he was awarded in February? I read he retired on Feb 28th and the rules state if a claim is filed within one year of discharge, the claim goes back to the day after discharge. If you file on 2/28 and win that award you will get your first check, which will be for March, on April 1st. If you file on 3/1 you will receive your first check, which will be for April, on May 1st. Now, I'm assuming he's retired from active duty. Let me know what you find. I'm happy to be corrected, if necessary. pr

CG - I have rarely seen a C&P doctor do anything but confirm the last exam, unless the VA has "suggested" to them, in advance, that you have improved and that is usually done w/their instructions that the exam is looking for any improvement. As Carlie stated, bring any copies(not originals), of evidence, of your disability/condition worsening, w/you, for the examiner. You might even ask to see the docs exam instructions. pr

Berta, I think the March 09 is March, 2009, not March 9th. Dingo - As Berta wrote, the date of your claim, if filed within one yr of discharge, is the day after discharge. VA's policy is you get the first full month after the date of your claim. Your claim date was March 1, 2009. In order to get paid for March your claim would have needed to be filed on February 28, 2009 or by the rules you needed to be discharged on February 27, 2009. Berta - I don't believe they owe him March. It sux but that's another way the VA saves money. Not to get off subject but the VA pays it's employees the true mileage actually traveled and takes their word for it. We vets get city to city and not what we really traveled. Just another way they screw us. And employees were getting about 10 cents more a mile. Not sure of current rate. pr

And I dislike being an alcoholic but we all have our crosses to bear. I try daily - sometimes I'm successful, sometimes not. I do know I'm way better than I was 2 yrs ago. I think I'll "toast" myself!!!! LOL pr

If I recall correctly, ChampVA only pays 75% of the allowed charge, which to me is very reasonable. Why should they pay everything????? You were the one that was injured, not your child(ren). jmo pr

Hey wings - sorry about my post!!! It was uncalled for . . . but like you, who hates drinkers, I hate smokers. I was fortunate enough to quit smoking in '77 and you know reformed smokers are the worst. I wish they would stop making cigarettes and alcohol products but as you know they're both legal businesses. And, I won't even discuss Californians!!!! Hugs, fine lady!!! And as for McBride - haven't heard from him. I miss PTSD 101 but not freefire zone - never went there much. Too crazy for me!!!! pr

Hey wings, what are the statistics for PTSD & smoking, even "organic" tobbaco(sp)??? I found it interesting that only alcohol is mentioned. I am S/C for alcoholism/abuse, secondary to PTSD. I never grew up and said hey, let me be an alcoholic, but I am. I have weekly battles w/it and am doing better but not winning. We both know it will kill us and yet Ted Kennedy, from, I believe, your former state, is dying from a brain tumor, not cirrosis(sp). Cheers to you for your 20yrs but what about . . . jmo As for your kids, I won't get into that, let alone California . . . jmo but I still luv ya!! pr

Barb, if I may call you that - all units had the equivalent of a daily journal. Each company, battalion, brigade, squadron, unit, kept a 24hr journal of what went on. The officer of the day (OD) reported everything that happened during their shift. Check on the USAF. I can only tell you about the Army but I do know the military is anal, so all services did it. pr

Interesting question, Judy. I would think that state law would have nothing to do with it because VAMC's are on federal property and state laws shouldn't apply. I would think the FTCA claim would be filed w/that VA's general counsel or in the local Federal court. Someone who's had one should respond soon. pr

The major three have been soliciting for part of our estates - stating that they can be written in our wills, if we desire. They can all, except the VVA, kiss me where the sun doesn't shine and I don't mean Alaska. pr

jecsb4 - I would just hand deliver a signed statement stating "that you are rescinding the release authorization, dated whatever the date was, authoring whomever to release your medical records to the VA," and deliver it to the provider, that the release was going to. You could give the VA a copy but I don't know that it would be wise. pr

I'd do what Betty did. Bring your evidence to the VARO, get a date stamped received copy and bring a copy of that, w/you, to the C&P exam, for the examiner. This way you know the VA received it and you know the examiner received it also. It probably won't make it to your c-file before the exam. jmo pr

Barbara, The only attack, I found documented, on Cam Ranh Bay AFB, in 1968, happened on March 4, 1968. The base received 27 standoff rounds (rocket/mortar) with no loses of aircraft and no injured or killed personnel. Here's a link to all AFB attacks in VN for the whole war. http://www.scribd.com/doc/1446931/US-Air-Force-AFD070228023 pr