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Philip Rogers

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Everything posted by Philip Rogers

  1. I believe that's correct, Allsup only takes claims it's guaranteed to win. They screen their cases and refuse any that require them to do any work. jmo pr
  2. Tried to post this over in VA in the news but not allowed to post there - http://news.yahoo.com/s/ap/20080511/ap_on_...sabled_veterans pr
  3. Mike - here's the links. First is CAVC link, 2nd is appeal form, 3rd is financial hardship waiver form. The appeal form doesn't ask why or what, specifically, you are appealing, so no need to state. What part of ID are you? I used to be up in Bonners Ferry, area. I was active w/VVA Chapter 890, in Sandpoint. http://www.vetapp.uscourts.gov/ http://www.vetapp.uscourts.gov/documents/NoticeofAppeal.pdf http://www.vetapp.uscourts.gov/documents/D...al_Hardship.pdf pr
  4. Mike - my opinion and my opinion only, the BVA will mostly likely rubber stamp whatever decision has been made by them. The reconsideration by BVA will probably take a yr and result in no change. The CAVC(formerly COVA) will take about 2 yrs and if there is any merit to your claim will end in a favorable decision and remand. I've been thru them all and done favorably at some. I'd file w/the court and request a hardship waiver on the fee, immediately. You'll get a number of attys offering their services once it's filed. The late Alex Humphrey, our resident atty here, recommended Robert Chisholm, of Providence, Rhode Island, to me and he's done well. Bear in mind it can still drag on & on & on, even when the court rules. If no actual money is won the atty requests the court authorize payment via the EAJA, which the court generally allows. pr
  5. I'd pay $5k to be rid of it. pr
  6. VA used to bill insurance carriers for all office visits, as emergency room visits, @ $235 per visit. That was about 4-5 yrs ago. Don't know what they are billing these days. pr
  7. Betty - a claim for SC compensation is also a claim for NSC pension and if both were awarded(obviously for different conditions) it is generally assumed that you want to be paid the higher benefit. If what you say is correct, in that a BVA judge awarded SC, someone is either really stupid or they love screwing w/you. Are you absolutely sure the BVA judge awarded SC, for chronic anxiety??? jmo pr
  8. Betty - jmho but they are really screwing w/you. So as I read it, they are not s/c'ing anything. The unemployability issue won't matter unless you're conditions are s/c'd. Pension is only paid at the one rate. To me you need to get these s/c'd. Take the money and continue the fight. pr
  9. les - you have to be around 60%-70% NSC to receive the Pension. Pension is only paid at the one rate(around $880) and is means or income based, meaning it's reduced by other income. If your SSDI is more than the allowed pension amount you don't actually get any money from the VA. If SSDI is less than the pension amount a reduced pension amount is added to the SSDI amount to equal the full pension amout, allowed. Hope this helps. pr
  10. jhfleet - can you post what VA diagnostic code they rated it under??? Thanks! pr
  11. Thanks, for correcting me!!! We won't find out what our COLA is until around October, I think. We can just be happy knowing we have a raise insight. That'll make our summer nicer! lol pr
  12. I don't think HR5826 is about our cola. May be the revamping of the rates . . . . or maybe not. pr
  13. Since we're being "technical," the original post was entitled "Compensation and Divorce." And me, I'd rather be single. jmo pr
  14. How much he receives is public information. pr
  15. Wrong place to post but couldn't post elsewhere. http://news.yahoo.com/s/ap/20080429/ap_on_...pe/bad_barracks
  16. luvHIM - awaiting your answer/response . . . . just curious if I missed something. . . . pr
  17. luvHIM - just curious, where did that come from? Why would he be paying alimony if he's not divorced yet! Did I miss something in the original post? That being said, alimony is usually given to a spouse who has left the workforce, stayed home to raise children and care for the home, as a means to help them become self-supporting again and is also based on how long the spouse was out of the workforce and the lifestyle he/she became accustomed to. I don't think we're talking a Heather McCartney lifestyle here, at least not on VA comp and SSDI. I recommend a good divorce atty is called for. Hey, it's only money!!! Remember "he who represents himself has a fool for a client." pr
  18. Jim, who said anything about child support?? He's talking "alimony." That being said he needs a good lawyer. His VA is protected but many judges illegally consider it income and order a portion of it to be used toward alimony. Also he can fight to have whatever VA and SSDI allow for dependents considered support, if support is an issue. Get a good lawyer and never marry again. His home should be somewhat protected, since it was adapted for him, but he could be ordered to give her half the value, if it's a community property state. Ah, divorce . . . . the great equalizer! pr
  19. The waiting period should start 1/1/08, if you met the criteria on any other date than 12/1/07. It generally starts the 1st of the next full month after the date they determine you met the criteria. So if they say you met the criteria on 12/05/07, then the waiting period starts 1/1/08. You can appeal that date. pr
  20. One does not need to be in combat to get PTSD. All types of incidents can cause it and they range from individual attacks, rape, accidents, natural and man made disasters, just to name a few. pr
  21. Once again, looking to see if anyone's interested in meeting for lunch, in NE Florida. I'm in south GA, off Rte 95 and willing to travel a reasonable distance for lunch. I've previously met Wings, Carlie, tbird, John, Terry, Berta, Magoo, Tom(former member), Mike(former member) and a few others. Let's get together for lunch over the next month!!! My treat!!! pr
  22. http://news.yahoo.com/s/ap/20080420/ap_on_...ns_care_lawsuit
  23. Peter - for what it's worth, you need to file a written FOIA request. They are required by federal law to give them to you. pr
  24. macool - there are a couple of ways to get them; 1.) file an FOIA request, 2.) contact that SS office that handles your claim and request to view your file and then have them make a copy of what you need for you, while you're there. SS frequently tries non-compliance so you must be persistent. pr
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