Philip Rogers

tssnave, I don't have a rule or ruling. You may be able to find a case in the acquiescence rulings. Here's the link: http://www.ssa.gov/OP_Home/rulings/rulings-idx.html I know of two people who have won their claims who were past the 5 yr period. My sister who last worked in 2001 and applied in 2006, won in 2008, and the ALJ awarded her with a disibility onset date of 2001, qualifying her for SSDI. It's much like when the VA uses 38 CFR 4.16a and doesn't tell you about part "b." Or in a case that I helped a vet win, where the VA told him he was receiving the max allowed by law, for his skin condition, which was 50% but failed to mention TDIU. In that case his congressman helped him and was told the same thing. I got him 3 yrs retro and TDIU w/P&T. They tell you you don't qualify and you give up. It needs to be appealled all the way to the ALJ, for a correct decision. You stated you've been "told" by SSDI but remember nothing they "say" should be considered the truth. They are like a big insurance company that doesn't want to pay. pr

dav_marine72; if anyone owes an apology it's me. I wanted to retaliate but didn't and for me it would've been harmless interservice banter but I knew you wouldn't have taken it that way. So I chose not to comment. Life is not fair. The VA is corrupt. Yes, you should get what you deserve and were "promised." I'm sorry Chisholm didn't do right by you. I don't know why. I feel paying 20%-25% for something is better than paying 0% and getting nothing. My SSDI cost me $4k but I won. Without my atty I was getting zip. Money well spent. Again, I'm sorry I flew off the handle !!! BTW, 9yrs is nothing, it took me 10yrs! ;-) pr

No comment, for it's better to say nothing than to respond the way I feel now. Good luck! pr

I recommended Robert Chisholm. He did my CAVC appeal and won a remand. There was no cash award so he was paid under the EAJA and I didn't need to pay anything. Berta is right. Once it's assigned to the CAVC there can be no more evidence added. The case is decided on the evidence of record. I don't know why he requested $1500, plus the percentage but I do want to make a point. He's entitled to be paid. I've used lawyers before and usually have had them take a percentage. That's how they work. Why should you get free services? pr

deltaj, a slight correction - you must have work credits in 5 of the 10 yrs before you became disabled, not before you applied. pr

"NO FUTURE EXAMS" means you are P&T but the VA can and sometimes, but rarely, does schedule another exam. They start off under the pretense that they are "looking out for you" and schedule an exam to see if your condition has "worsened." You think "isn't that nice they're looking out for me" but in reality they're looking to reduce your award. Just make sure you attend all appointments, as required, and keep records of the appointments and you should be okay. pr

If you are P&T, it will last until you improve or you "foolishly" go back to work. Since you are unlikely to improve it should last the remainder of your life. It certainly is a nice retirement package/income. With SSDI added to that a person can have a fairly comfortable life. Why can't your wife get SSDI? She didn't work? pr

Most likely he won't have to pay, unless he's rich. He can and most likely will apply for payment thru the equal access to justice act (EAJA), the fund that pays lawyers when claimants can't. The court will need to approve the payment but that's how attys who take cases to the CAVC are paid when they lose. jmo pr

Medicare(M/C) pays 80% of the allowed amount. In other words, if your provider accepts "assignment," meaning direct payment from M/C, and your medical provider charges $200 and M/C allows $100, M/C would pay $80 and ChampVA would pay the $20 copay. The $100 dollars is written off or lost in payment pergatory, never to be seen again. If the provider doesn't accept assignment and the payments are sent to you, you will owe the full $200. It's best to have your provider accept assignment, if possible. They usually accept assignment as they are more or less guaranteed to receive something. If the payment is sent to the patient the patient may not pay the bill. pr

Medicare never covers children unless the "child" is receiving disability and then wouldn't be eligible until after 2 yrs on disability. Children generally get coverage thru Medicaid or some other state program. In all cases, Medicare will be the primary payor and ChampVA the secondary, picking up the copay. Most of times Medicare or ChampVA deny claims it's due to a coding or other error caused by the practioner's billing or coding personnel. Personally, as always, I feel I am very fortunate with what the VA & SSDI pay me. Could it be more . . . sure but I'm a fairly thrifty person and don't need much. Yes, they should have paid from the get-go but a long time ago I realized that life "isn't fair" and in reality why should it be? From what I've seen most are living above their means, which is why so many are in trouble, in today's economy. That and the fact that many spend their meager incomes on the lottery, beer/alcohol, cigarettes, soda, chips, eating out or premade meals and over-priced clothing. Many confuse wants with needs. Sorry but I don't believe in helping those folks. I think we should do away with all subsidies after 90 days. Let 'em collect cans, I have and will again, should the need arise. Sorry for the rant! I'll get of my soapbox now! jmo pr

Hey Wings, I agree. I know how much time went into your appeal. pr

ChampVA doesn't pay for witch doctors, either, whom I feel are much the same. Personally I believe they are a fraud but there are those that believe in them. The one I used helped me w/my back. The strain was lightened after each visit as my wallet was lighter and I felt better for about 20 minutes, after each visit. jmo pr

Carla, I know you're trying to save money but "parcel post" even w/certified and returned receipt is still slow. Next time spend the extra. hahahaha Seriously, you'll be okay, even if they try to use the date thing. I had it happen to me and I won, it just delayed my claim. It's just another delaying/denying technique. Just a way to get you to give up. pr

You go girl!!!! You got it goin' on!!! Big hugs, me pr

Wings, the student has finally surpassed the master!!!! ;-) You may now take over the class. "I'd" just change the final sentence, in the conclusion paragraph, to read: "On Appeal, the veteran continues the Claimed Earlier Effective Date for Post Traumatic Stress Disorder (PTSD), and Total Disability based on Individual Unemployability(TDIU), as can be confirmed by Social Security employment records, of record." jmo pr

I agree w/Berta. Just two points. You stated "But, I know they have the info that I would be providing." How do you know?? Have you seen your c-file and it's there?? Or you know you've previously submitted it?? If it's the latter, then send in the additional evidence, even tho it may be duplicate, and list the evidence in your statement. Also, if you have a DRO request in, for the same claim, it "must" be heard prior to the traveling board. If it is not heard, prior, the board will remand it for the DRO decision, which will add an extra 2-4 yrs to your claim decision. If you haven't viewed your c-file recently I strongly suggest you do, so as to verify what evidence they do have. Remember just because you've submitted it doesn't mean it's there. Also if you are assuming the claims people have evidence from your VA medical file, DON'T! The various entities within the VA don't talk to each other unless you mention where the evidence is and request that they get it. jmo pr

Ruby, try the independent living program/service. It's the same program that gets tools, computers, cameras, all quality of life issues. pr

Testvet: you stated "I am sure my case is being expedited due to my severe heart disease...." I have some oceanfront property, in NV, I'd like you to purchase. Give ya a great deal??? No, they probably are expediting your claim. It'll probably be 725 days, instead of the usual 729 days. I've never seen the VA expedite any claim as required by the BVA. Good luck!! pr

mrsvet28, please link me to "titled Got the envelope." Thanks, pr

ausgmblr: If you've been on SSDI, previously, the rules are different. You may be able to get SSDI again, from '97 date of Fed disability, w/o having to take the reduced 62yo rate. Check into it and get whatever they "say" in writing. Remember, "if it can't be read, it wasn't said!" pr quote name='ausgmblr' date='Jan 25 2009, 03:41 PM' post='126536'] cowgirl, I ritered on disability from the fed. in97. the ss sent me a ltr. annualy telling me I didn"t qualify for ss. I knew that I didn't pay any last 21 yrs. was on SSDI 6 before that 6 in svc. before that so no 40 qtrs. hit 62 now ltr says I can retire if I want. cause I qualify don't need 40 qtrs I'm on disability. Suggest u research Social Security Title of Law because they are just like VA they even swap records annually.

Mcafee, to answer your question, there are no criteria to meet, however there are some criteria to "win" an award. Also there are various types and levels of SMC. A basic letter requesting SMC is all that's necessary to apply. Good luck! pr

Wings, as I responded to you, I feel it is "most excellent," however I didn't confirm the citations. My personal feeling is that the AMC will just refer it back to the BVA, as it's to "legalese" for the AMC. I feel the only time the file is completely reviewed is at the BVA and in your case, most would be overwhelmed by your expertise. BTW, being a perfectionist, everytime you read it you will find room for improvement. Sometimes ya just gotta let go. I feel it's an absolute winner and I'd request TDIU back to the original date of claim or day following discharge, if claim was within one yr, which if I recall correctly it was. jmo pr

Thanks again, everyone! I don't know the answers as I'm dealing thru a 3rd party, my counselor. I've passed the info on. I refuse to get personally involved in another claim. I'll point them in the right direction and give them guidance but I refuse to do the work, anymore. pr

Thanks everyone!! That should do it. I'll find out more next week at group. Berta: It would certainly be worth the fee to get the info online. I think much of the VN records are available on DVD now from, the NARA. pr

My counselor is trying to help a claimant w/his PTSD claim. Guy served in Vietnam, in the Army but was attached to Marines, his whole tour. Needs to find where the Marine Corps keeps it daily journals, after action reports, etc, to verify his stressors. Can anyone out there help me??? Thanks, pr