Philip Rogers

Meddac, I've been dealing w/this "sensitive" issue since hiring my atty and the CAVC issue. As for who handles my file, I don't know who can handle it. It's just what I was told by VA personnel. The fact that others handle the file doesn't mean that's as it should be. Wouldn't be the first time the VA didn't adhere to it's rules. As for the current address issue, I have date stamped received copies of all address changes. I always deliver them in person but they routinely send their correspondence to an old address. Hey, maybe I pissed someone off, at one time. pr

I needed a letter, from the VA, for my veteran disability discount, on my property taxes and the regular annual letters haven't been mailed yet. So, today, I stopped in and requested just a simple letter stating that I'm service connected at 100%. Unfortunately, I forgot to bring my glasses in w/me . . . duh, stupid me! The letter has today's date and my address from 3 moves ago. Anyway, the letter states: "The records of the DVA indicate that the veteran, Philip Rogers, at one time prior to death was in receipt of service connected compensation for a disability or disabilities rated at 100%." Now, bear in mind, that my c-file is classified as "level seven, sensitive," which means only management can access my file. This is due to me having a lawyer and having been at the CAVC, on an appeal. This is to prevent errors. Yeah, right!!! Anyway, just had to share! pr

Thanks, knifestuff, I'd forgotten about that! pr

If the claim is valid I'd go for it. jmo pr

Sorry, Berta, but and it's just my opinion, I think it's just more smoke & mirrors. We've had a supposed state of the art mobile medical care bus (MCI Coach, I think) sitting at our VT VARO for well over 15 yr's and the last time, I believe, it moved was when Clinton came to the area and was running for re-election. The reason - the driver who had the license retired. More waste of money but looking like they're really concerned and are doing something, for vets. My counseling is rural and my counselor comes to our area from the VAMC weekly and gets free space, at the local mental health facility. We used to have a Vet Center counselor but they discontinued that. JMO pr

Charleese, just guessing but I estimate your husbands age at around 72yo and I can see the VA fighting this, just based on age. Not that they should. jmo pr

Thanks, Delta! I've recently filed a CUE on my original award, stating that Chapter 35 should have been awarded, with it, and if not should have been awarded at the 5 yr mark, as P&T is met when the condition/disability has been in effect 5 yrs, without improvement. Just waiting to hear. Thanks, again! pr

I believe this is the regulation that covers travel pay: 38 CFR 17.126 pr Title 38: Pensions, Bonuses, and Veterans' Relief PART 17—MEDICAL Payment and Reimbursement of the Expenses of Medical Services Not Previously Authorized Browse Previous | Browse Next § 17.126 Timely filing. Claims for payment or reimbursement of the expenses of medical care or services not previously authorized must be filed within the following time limits: (a) A claim must be filed within 2 years after the date the care or services were rendered (and in the case of continuous care, payment will not be made for any part of the care rendered more than 2 years prior to filing claim), or (:) In the case of case or services rendered prior to a VA adjudication allowing service-connection: (1) The claim must be filed within 2 years of the date the veteran was notified by VA of the allowance of the award of service-connection. (2) VA payment may be made for care related to the service-connected disability received only within a 2-year period prior to the date the veteran filed the original or reopened claim which resulted in the award of service-connection but never prior to the effective date of the award of service-connection within that 2-year period. (3) VA payment will never be made for any care received beyond this 2-year period whether service connected or not. (Authority: 38 U.S.C. 7304) [33 FR 19012, Dec. 20, 1968, as amended at 39 FR 1844, Jan. 15, 1974; 45 FR 53807, Aug. 13, 1980; 51 FR 8673, Mar. 13, 1986. Redesignated at 61 FR 21966, May 13, 1996] Browse Previous | Browse Next -------------------------------------------------------------------------------- For questions or comments regarding e-CFR editorial content, features, or design, email ecfr@nara.gov. For questions concerning e-CFR programming and delivery issues, email webteam@gpo.gov. Section 508 / Accessibility

Hurryupnwait - I'd apply for the mileage for the June date and if denied, run it thru the appeal process. If you state your case they may approve it. If you don't, they win and you lose, automatically. It's a no brainer!!! jmo pr

The form number is 3542. The current VA travel pay rate is 41.5 cents per mile. The first 3 trips, each month, have deductable of $6 per round trip and then the full amount is paid, for all other trips that month. pr

Thanks, Berta, you saved me posting that info! Just so folks don't get confused, DIC and wartime death pension are two different benefits. Currently DIC pays a minimum of $1154 and if the vet was receiving or was qualified for 100% in the 8yrs prior to their death and the spouse was married to them that immediate 8yrs prior, there is an additional $246. I believe the rates are different, depending on paygrade attained in service. Also, if surviving spouse is eligible for A&A, there's an additional $286 and if eligible for housebound an additional $135. pr

An extra-schedular rating must be requested when applying for TDIU, when not meeting the required minimum percentages of 38 CFR 4.16(a). The request can be attached to the TDIU form. I usually use the "Statement In Support Form," VA form 21-4138, for most requests. I believe requesting a reconsideration is a complete waste of time. jmo pr

Thanks, Sharon! I'll try to hyperlink here but probably won't do any better than you. ;-) http://www.cdva.ca.gov/VetService/DocsAndI...ppendix%20A.pdf pr

Charleese, file the TDIU form now and request an extra-schedular rating. As for the increase, in his SC knee condition, did the VA do a comp exam after the request for increase or did they rate on the existing evidence of record? Anytime a claimant files for an increase, in an already SC condition, the VA is required to do an exam. Something to bear in mind is when the VA does a reconsideration, the examiner rarely looks beyond the current decision and generally affirms the current decision. A DRO hearing would be a better way to go. Bear in mind raters are paid based on work product, not work product done correctly. Therefore it's easier to affirm the current decision. jmo pr

Hi Sharon - the link doesn't work and cutting and pasting didn't work either. Could you please repost? Thanks! pr

Wings, any green slips not properly signed or with the proper number on them should be returned to the USPS for proper handling. I had one come thru w/a illegible(sp) signature and returned it for proper handling. About 10 days later I received my green return receipt w/the signers printed name where it should have been. I always recommend photocopying whatever is sent w/the certified label w/number photocopied on it. This way they can't say "something was sent" but we don't know what. Also, if they can't get the proper documentation you are entitled to a refund for that service. jmo pr

If it were me. I'd go. jmo pr

Just to clarify, they gave him a disability onset date of 1987 and the claimant's date last insured they stated was December 31,1990. Since he never applied, prior to 2006, he probably won't get retro to 1987 but for those of you who have been told you won't get SSDI due to your last insured date being over 5 yrs, this shows it can be done. He showed he was disabled since 1987. He hasn't worked since 1987. He has met the SS disabled criteria since 1987. He'll probably be awarded 17 months prior to his application date, with 5 months of that unpaid. I will suggest he appeal for the retro and see where it goes. pr

He won't let me post his name, until the money arrives (doesn't want to jinx it) but the ALJ awarded him back to "1987." Guess things are looking good financially for him these days. I should be back on-line steadily on Friday, if they finally install my phone line and DSL. pr

Berta, I have the current 2008, VBM. I've given my old volumes away. I'll check that when I get home. Thanks!! pr

Thanks Berta & Carlie!!! I'm on a public link right now and can't print what you've posted. I'm preparing the CUE, for the BVA(thanks for that insight, Berta), in the meantime, to deliver at the hearing, if necessary. Over the next few days I'll try to post the supplimental NOD we submitted. The CUE is just an afterthought, should we lose. My basic argument is that all subsequent exams and awards are moot as the retro award to the original claim date trumps anything after it. If I can locate that precedent, she'll win. My NOD covered her Chap 35 rights and dates, extensively. Thanks again! pr

Sounds to me like you're not Chapter 35. Maybe Chapter 31? With Chapter 35 the VA doesn't usually pay tuition, just the $915 a month stipend and it's up to you to pay tuition. pr

Carlie, sorry I don't have time to read it, right now, but the VA routinely directs examiners where they want them to go. You might could get that changed, tho it could take some time. jmo pr

It took me 10 yrs to win 100% P&T, and on the way I won increases at each step, but in the end, the BVA awarded me 100%, P&T, retro to 1989, w/Chap 35 for my wife, at the time but they failed to award my daughter, Chap 35, then, and she was 19yo. As my daughter and I were/are estranged I didn't pursue the error. The VA is saying that the exam that awarded me P&T was done in 1997 and therefore my daughter was over the age. I'm saying that since I was awarded P&T, in 1999, retro to 1989, all the additional awards after the initial exam and award, which, btw, were for PTSD, are moot, as the original claim was under constant appeal and was eventually won, thereby voiding all subsequent claims/awards. I was awarded TDIU, w/P&T, in 1997 but the 100%, w/P&T, that was awarded in 1999 retro to 1989 voided that award. I need a precedent that establishes that when the original claim is won, all subsequently awards/claims are moot or voided. I'm sure there's one out there, it's just that I'm not a good researcher. We have a DRO hearing in about 2 wks, on her appeal. I'm thinking I should also file a CUE on the original BVA award, based on the failure to award my daughter, in the original decision. It's definitely a CUE. Thanks, all! pr

Hey, Wings: the VA considers the day that it was mailed as the date in their custody, because they are a government entity. So if you had until 2/12/09, at midnight, to respond and mailed it at 4:59pm, it would be considered as timely. pr