Philip Rogers

Talk to the DAV and kiss your claim and benefits good-bye. How could anyone recommend them with the sh*t they're pulling on this new lawyer law stuff? jmo pr

Sometimes when they med board you out they'll give you a lump sum but remember before you'll get any money from VA that lump sum gets paid back to the VA. So don't be blinded by any "lump sum" offer. I still say check with a civilian military law attorney before you do anything. jmo pr

I don't think there is one - at least none that I've ever seen. pr

I'd get an attorney specializing in military law. Anything they do will be in their best interest, not yours, and once it's done probably can't be rescinded. jmo pr

I just called the outfit that was handling the loan and requested the form. They waived $31k in student loans for me. Took about a month to process. pr

From what I know exposure to asbestos doesn't cause HBP. I gather you are grasping at straws trying to service connect this. Good luck but I doubt you'll do it. jmo pr

He's just trying to scare you, so you won't make any more work for him. Why would you worry about being reviewed if your health is deteriorating. It could only mean additional income. They've been using that threat for years and if your faking don't file any other claims but if your claims are valid why would you worry? jmo pr

Okay but . . . . what I'm saying is if a person in CA or wherever is able to attend school for free they'll still get the $860 a month and they can use that for books, fees, gas, beer, movies, ie: school and/or living expenses. Okay I've beaten this topic to death. Enuf. pr

No, I'm not a Chapter 35 student. I understand that you are basing this on your experience, however your experience appears to be that of a less than half-time, online, student and not a full-time student and the pay schedule/terms are different. pr

I've tried to be polite and curtious. You stated basically that the VA only pays a "refund comparable to tuition." That info is wrong. Maybe "stipend" is the wrong term. If a student attends full-time, which I believe is 12 or more credit hours, per semester, they receive $860 a month, while successfully attending school, according to the VA's website. 3 credit hrs is not full-time, according to the VA's schedule. I'm only trying to get the correct information posted. Anyone who needs the correct info should either check the VA's website or call the VA. pr

Never mind Berta. I checked AMU online and $750 is a 3 credit hour course, which is why you probably only received reimbursement for tuition and fees. jmo pr

How many credits per semester are you taking? I think it has to be 12, or more, to be considered full-time. Sounds like they are doing something wrong and could owe you some money. Unless, you are getting DIC and then there might be something where you can't get both but then I would think they would need to reimburse you travel expenses. pr

I've reviewed the payment rules for Chapter 35 and monthly payment is based on your "training time" - full-time, three quarter time, half time. When you train less than half-time you'll be paid tuition and fees. But if tuition and fees amount tomore than you would be paid at the half time rate (or the quarter time rate if you are training at quarter time or less) your payments will be limited to the 1/2 time (or quarter time rate). So, at full or three quarter time you get the full amount, at that attendance level, from that pay schedule. Berta, you are or must have been attending at less than half time, if they only reimbursed tuition and fees? pr

erax, are you sure it was Chapter 35 and not Chapter 31? You received the benefit due to a parent or spouse being a 100% SC P&T disabled vet or having died as a result of those SC disabilities?? I think died while on active duty is also receives benefit but I'm not positive. Social security used to pay until age 22 but I believe that stopped back in the mid 80's. pr

Berta, an you clarify this and show me somewhere where it states this. You stated "I mean the figures look correct-but it isnt a stipend -it is a refund-of tuition already paid." So if you get a scholarship the VA doesn't pay?? Or if you go to an inexpensive community college, where your tuition is only $2k, for the year, you only get about $225 a month? That makes no sense. Are you sure you're talking Chapter 35, full-time? The rate chart shows what they pay, period, doesn't say anything about any offsets. Something doesn't sound right! jmo pr

The VA routinely destroys/recycles x-rays at either 5 or 10 years, so if you have probative x-rays make sure you get copies. pr

You can apply for your parents as being dependents but don't know if you would prevail. If you were 100% during those 4 yrs you could try for Aid & Attendance. The problem I see is the date filed is usually the date of the claim, in which case I don't see you winning. Chapter 35 currently pays a stipend of $860 a month, for a full-time student, while attending school. Just the flat rate, no extras. Student can use it for books, tuition, living expenses, lottery, beer, gas, whatever. jmo pr

I have no idea. I've never been affiliated w/the VA, nor do I have relatives that work there. I figure someone just got p*ssed at me and tagged my c-file that way. They do know that I know 38CFR fairly well and usually win my claims. jmo pr

I live in Idaho. My file remains, at my request, at my old RO, in VT. About 3 wks ago I submitted a claim for DMII, certified, return receipt, to my VT RO. Yesterday, I received a form letter from the Idaho RO that they've received my claim, blah, blah, blah. I called and asked what claim - I've never filed a claim in Idaho. He checks and with a little research figured out that they(VT) saw my return address of Idaho and forwarded it to Idaho to process. He confirms that my c-file remains in VT, where it's flagged as "sensitive," meaning only a supervisor can access my file. We decided Idaho should return the claim to VT. Grrrrrrrrrrrrr!!!! They must have me confused with Terry. hahahaha pr

I would tell them approximately when you started having problems. For many of us VN vets we've had problems for years but didn't know it, thought it was normal, or simply denied there was anything wrong with us. Our lives were a wreck. Substance abuse; multiple marriages; many, many jobs; moving frequently; virtual isolation; etc,etc. Then I'd use a date near or when you last worked for a date when it finally overwhelmed you and your world came crashing down. jmo

Rocky, I think the VA will pay it because they don't care. If the CUE is there you will win. It may take some time but they will award it. An amputee friend filed a CUE because they mismeasured his stump, back in 1969, and he won some nice retro cash. I've always felt you've a better chance of winning on VA errors than winning the lottery. Everyone should review their c-file for errors. jmo pr

Jim, that would be insane to cancel the hearing. You should have applied 5 yrs ago, when you were awarded TDIU. Check with a NOSSCR (www.nosscr.com or dot org) lawyer and see if they can get you that back pay to 5 yrs ago. At your hearing the ALJ can make that decision. Be sure to have your original VA TDIU decision at the hearing for the judge to see. pr

Chief, not sure what you mean by calculator but here's a link to the combined ratings table: http://ecfr.gpoaccess.gov/cgi/t/text/text-....21&idno=38 pr

I can vouch for the locked drawer thing. I've never worked for the VA, nor had relatives work for them, nor any service orgs, yet because I've been to the BVA and won and to CAVC and got a remand (or so it seems), I guess I'm labeled trouble. Anytime I call now to check on anything I'm referred to a supervisor. The VSCM denies any special conditions required to access my claim info/file. Even had to go thru a supervisor to change direct deposit account. pr

Nathan104, First off you should "always, always, always," keep a copy of anything you send to the VA. As for the certified, return receipt, mailing, it's so you have proof you sent it and will protect your claim date. It's best that you photocopy the actual certified sticker on the evidence you're submitting, at least the front page. This helps to prove what was sent. Then if the VA loses it you're protected. pr