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Philip Rogers

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Everything posted by Philip Rogers

  1. It won't let me search for "Had My Hearing For Ptsd Proposal To Reduce." Would you please post? Thanks! pr
  2. Ruby - cremation is not expensive. Anyone being charged more than $1250 is being ripped off by the funeral director. What costs are all those extra expenses or add-ons, that we purchase out of guilt, such as embalming, calling hrs, casket, etc. Funeral Directors know this and that's why they do it. A direct cremation is the least expensive and shouldn't cost more than $1250 at best. pr
  3. Free - apparently you felt the need to justify it because you did. You needn't explain it to me or anyone else. I won't say anymore because you would probably disagree and wouldn't appreciate my thoughts on the subject. I certainly didn't ask to upset you! I appologize, not for my asking but for the way you interpreted my question. pr
  4. Generally, they are vet favorable and give the claimant another chance, prior to, and possibly avoiding, the lengthy BVA process. Generally, no one reviews the c-file, any further than the previous reviewer, because they assume that party did a proper job. Also, since VA employees are rated on work product and not properly done work product, it's beneficial to the employee not to look too deep. The DRO hearing gives the claimant a chance to present his/her case and evidence that may have been previously overlooked. pr
  5. $10k for burial . . . . what were you thinking! jmo pr
  6. I think you'll get it. Both the OCD and the fibromyalgia should get it for ya. Might take an appeal or 2 but you should win just on the OCD. jmo pr
  7. Ricky (and everyone) - yes, that's what she should do. In this case, the ALJ looked at her SS records, saw she hadn't worked since 2002 and decided that that confirmed she was disabled since then. It was probative evidence she was disabled. By using the last date the claimant worked, most claimants would have the qualifying quarters. Wings - in your case (as I've stated all along), you would've had the credits needed, at that time. For the umteenth time file that claim. The ALJ rules!!! Your claim will initially be denied but on appeal the ALJ should decide in your favor. pr
  8. Last I knew government employees receive .485 cents per mile, for using personally owned vehicle (POV).
  9. A friend's sister just received a fully favorable decision, from the ALJ, on her SSDI claim. She hasn't worked since 2002 and didn't file her claim until 2006. ALLSUP refused her case, so she found a local atty specializing in SSDI law. The ALJ ruled her disabled since 2002 and she should receive disability payments from then. The intake personnel tried to have her use her application date as her disability onset date. I've stated here before that applicants should use the last date they actually worked as their onset date, no matter how many yrs ago that was because they probably had the qualifying quarters at that time. I'll update when local office sends statement. pr
  10. I don't think, nowadays, anyone should register their DD214, at the courthouse, as documents registered there are open to the public, which is inviting identity theft. jmo pr
  11. I just checked the pension rate and it's a little over $7400, annually, so it sounds like she's getting her full benefit. Pension is means based, which means it's offset by SS retirement income. Chances are she's receiving a little over $550 monthly from SSA and $50 a month from the VA. Since your mom helps w/her care she may be eligible for Aid & Attendance, so she should apply ASAP. If she hasn't received the burial allowance, I believe she can apply now, and still get it. pr
  12. Williamn - yes, they should/could/may. pr
  13. Not sure I understand your question?? If you're disabled w/a NSC disability, you are still entitled to SSDI, if you meet their requirements. The problem is that NSC pension is offset by SSDI. If you were to receive a $1600 monthly SSDI check, the NSC pension check would stop. If you received a $500 monthly SSDI check, your NSC pension check would be reduced, so that the total of the 2 combined checks would equal what your NSC pension check is now. I'm not sure of the exact amount but NSC pension is around $900 a month, currently. So if SSDI pays more than that amount, NSC pension is discontinued. The key is to get S/C and then you can collect both SSDI and S/C compensation, w/o any offset, if you meet the requirements. pr
  14. Vermont's the only state I know of that requires payment within 30 days of the SSDI's or the ALJ's decision. They sued for that requirement, some yrs back. pr
  15. Betty - Free already posted it, in the post just before mine. I was rated under 4.16©, in 1999 (even though the reg had changed), because the reg had changed, during my appeal, and by VA rules the rule that was most favorable, to the veteran, must be used. pr
  16. No offense guys, but I believe, some years back, Congress authorized the VA to recover the cost of medical care, from insurance carriers, even for S/C conditions. The VA used to charge an emergency rate of $235 per visit, even for routine scheduled appointments. If I recall correctly, they waive the co-insurance fee from the vet. I suspect it still the same or even more. pr
  17. Ryan - I don't know what your conditions are but if one is PTSD, given your age, I'd recommend you go thru with Voc Rehab. I've had PTSD for about 41 yrs and as such I don't believe they can help me, other than to support me financially. Too late at this point to "cure" me(if there ever is a cure), as old habits can't be changed. But for you I think you have a great chance! It's ingrained in humans to be productive and successful. Even at my age, I still dream of ways to work but they come between frequent suicidal thoughts. If I were you I'd pursue flight school and whatever else you can do. Voc Rehab will do a battery of tests and then some counseling sessions, usually 3 in all, and will tell you what they feel you're capable of. Obviously, your goal shoud be something they see attainable but the choice is yours. In the mean time I'd pursue TDIU. You can receive TDIU while attending school, because the ability to attend and do well, in an educational environment, does not equate to an ability to work. As for your lack of motivation, it could be caused by over medication. I generally don't use the drugs the VA prescribes, as I find being medicated is like ground hog day - same stuff different day. I want to feel lifes up & downs. Exercise is a good thing to help with your wellbeing and a good counselor can help also. Choosing attainable goals improves our quality of life and success rate substantialy. I get overwhelmed when trying to take on too much, so I break down the tasks into smaller units and congratulate myself when I've completed each one. Even the longest hike can be broken down into many short trips/successes. Sorry I've rambled on!!! Good luck!!! Also, I believe the VA will pay your comp, plus tuition & books and a stipend while you're attending school. pr
  18. I'm with you John and would love to do this, also. I took the NVLSP basic advocate course and found it beneath my level of knowledge. I've previewed the CD/DVD they now offer to lawyers and still find in beneath my level of knowledge. Not to say I couldn't learn something but at that price I expect more. jmo I can and will send tbird some forms that are SSDI public domain, that would help w/claims. pr
  19. The only problem I have with that is perhaps a copyright infringement. Sending someone a copy is one thing but having a link to copyrighted material, at the website, I don't know . . . ? pr
  20. Sorry, John, but I don't know much. When my claim has been off in other places, the VA establishes a temporary file, in which they put new claims, updated claims info and evidence received. To my knowledge it's just a folder, w/my name and c-file number on it, to keep the stuff in until your c-file returns. Generally no work gets done on it because your c-file is not there and therefore they can't do any work on it. pr
  21. You can file a new claim anytime, however I don't believe much will be done with it, except establishing a claim date and temporary file. I believe, normally, your c-file is sealed when your claim is appealed to the CAVC, in that nothing can be added until the court rules. Generally, subsequent claims aren't developed or worked on until the file is returned to the VARO. pr
  22. Lynda - If I can be of help, I've purchased the complete set of text books (for $750) used by attys and can send you, via USPS mail, the sample attys letter(about 25 pages)stating what to expect at the hearing, if you'd like. If you need any verification that it's safe for me to have your address contact, Carlie, tbird, Adora, John999, or testvet, for they have all met me. pr
  23. I thought you'd win!!!! Congrats! pr
  24. I would suggest that anyone w/hypertension, who served in VN, file a claim now. Why wait until the VA approves as a presumptive issue??? jmo pr
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