Philip Rogers

Yes! He needs to appeal and have an ALJ hearing. The ALJ can rule that he became disabled back in 2001, establishing an earlier date and therefore making him eligible. He'll probably need an Atty. I suggest contacting <www.nosscr.org> for a rep in his area. He needs a rep who specializes in SSDI law. pr

Terry, glad it'll help!!! Now, kick some butt!! pr

VA employees are evaluated based on "work product," which is basically the ability to process claims in a timely manner(or in reality, move from the inbox to the outbox), not on whether it's done properly. The more they move from the inbox to the outbox, in a day, the better they are. Bearing this in mind you should be able to understand why the system works(or rather doesn't work) the way it does. The court feels this is a serious problem but I doubt it will change. And yes, all VA employees, probably, do get bonuses.(jmo) pr

http://www.veteransparty.us/VA%20Fight%20B...ted%20At%20100% He has spelled it out, quite well. pr

I would just notify them that the new mailing address of record should be blah,blah,blah. I've had my c-file in VT, for yrs and when I sent the VT RO a claim for type II diabetes, they saw my address was Idaho and sent it to the RO in Idaho. Idaho sent me a letter stating I'd filed a claim w/them - to which I responded that my claim was filed in VT (my RO of record) and that it should be returned to VT for development. Received a letter from the VT RO last week that they'd received my claim and were awaiting my file. I've since returned to VT but I keep it there cuz I know how they work and "I feel" they know my claims are valid and I'll eventually win. If I were you I'd leave it where it is and just change your mailing address when you move. You can always change it later. jmo pr Also, should you need a tax break letter, your RO can issue one and although it's issued from another state's RO it should be valid, provided you have your residence in the new state.

You have the option of leaving it in the current office or having it transferred to the new state. That being said, anytime a c-file is transferred to a new VARO, the new RO has the option of reviewing the c-file and perhaps ordering new C&P exams and possibly reducing current award levels. Should you leave it at the current RO, you would need to deal w/them and all new claims would be w/them, meaning that you would need to travel there for any future C&P's. pr

rentalguy1 - be careful who you send money to. Hope you haven't donated to some poor guy in a cell with nothing better to do than fleece the public, especially since you've never met him. jmo pr

I'll give him a call when I get the number. Waycross is about 55mi from here so I could go meet w/him, by the 1st of the yr. pr

email me his number at namvet6567@hotmail.com

Not sure but I don't think they give PH's for burns, unless he bled. As for the other wound it doesn't surprise me. I've seen the VA deny a vet with shrapnel in him. jmo pr

I'm over in the Kingsland, GA area, just off Rte 95, for the next 3 months or so. pr

It may be an adjustment check. Earlier this year I received an extra $2400 deposited in my acct. A few days later I received a letter explaining they'd made an error in my rate and this was to correct it and it explained what my new rate would be. Surprising since my award dates back to 1999. Just a thought. You're right, I believe the COLA won't show up until February's check/deposit. Also any overpayment made by them should also be requested to be waived, just like a VA overpayment. pr

Wasn't on. Must have been bumped for something else. Vets moved to back of line as usual! pr

Nothing would surprise me. Some yrs back, while living in NH, the claims dept service ctr manager, who kept denying my claim, retired from the VA and was hired by the AL as their SO for NH. All he had to do was change offices and parking spaces. pr

John999 - you're right, if it's in the claim that the vet can't work then it's an inferred claim and the VA must adjudicate it and explain why it's denied in the reasons and bases. pr

May be worth watching. pr

The point is you can be rated 10% and if your SC condition keeps you from working, they must rate you TDIU. I've helped 3 vets with less than the 4.16(a) requirements and they were awarded TDIU, when we requested an extraschedular rating. In all 3 cases the VA increased their SC ratings to meet the 4.16(a) requirements rather than award an extraschedular rating. Anyone receiving 30% for PTSD should appeal that rating or request an increase. A PTSD rating is probably the easiest to get increased. jmo pr

See 4.16 (b.) which reads "It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue." pr

olenavygoat - correction, please read 38 cfr 4.16. pr

B*tch, b*tch, b*tch! Think about all those who don't get a COLA raise or those who just get SS. I think we're pretty damn lucky! jmo pr

Any new evidence sent to the BVA should include a "waiver" of having the agency of original decision (ie: the local VARO) looking and ruling on it first, for the BVA to consider. To the best of my knowledge failure to do so results in the BVA being unable consider the additional evidence. pr

Cote - I have the DD Form 2765 (which was issued in 1999) and only once has anyone, at a property managements office, ever asked me for my card. I can't see why they would care. I joined on-line and nowhere, except for the one time, have I had to prove I was a disabled vet. I think your current ID would suffice. The on-site management has no idea what they are looking at, anyway. jmo pr

Depends on when but if they are available, I don't see why not. The thing is you can gift one week stays to others but there is a $50 surcharge, for each week. Not sure if they have condos in Ruidosa, NM. pr

With reference to the tombstone thing - if it's in a State Veterans Cemetary, the marker should be the one provided by the government, at his death, and would not say "Vietnam Vet" but would have the word "Vietnam" on it, if he served in the military during the Vietnam era. All veterans who served during that period have Vietnam on their markers, whether or not they served in Vietnam. It merely shows what period of war they served in. pr

GAF should get you 70% - 100% but that doesn't mean you'll get what you should, first time around. Job history/ability, anger & marital problems also support it. jmo pr