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Philip Rogers

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Everything posted by Philip Rogers

  1. They always ask me "how are you today?" To which I always answer "I'm alive." Every time I go there they ask if I smoke. I'm not going to answer that question anymore, as I quit in 1977. They always ask if I'm in pain, also. If you say you are ok, you're in deep doodoo. jmo pr
  2. Thanks Carlie, but I think it's time for you to get new glasses!!! ;-) pr
  3. Gastone - I agree and I certainly don't mind paying the 20%, or even more. I just found out the adjuster I hired to handle my claim against my insurance company died, on 8/26/2014, at age 63. I know my time is getting shorter, as I'm 69 years and six days old, today. At this point, I'm just waiting on the latest decision, which should be done within the next 30 days, before I get another attorney. Thanks! pr
  4. If you have an effective date of 9/1/2014, there will be no retro. If that happens, you'll need to file a NOD on the claim for 12/13/2013 date. Just wait and see what happens. jmo pr
  5. I'm just going by what you posted here. pr
  6. If you are 100% starting "Sept 1, 2014," there should be no back pay. You will receive payment for 9/2014 on 10/1/2014. pr
  7. I believe you have to wait until you adopt her. pr
  8. I'll make this one comment. The VA "should" consider TDIU based on both 4.16(a) and 4.16(b) but whether they will or not is another question?? In the case of 4.16(b) the claimant has to request the extra scheduler rating, or they won't consider it. jmo
  9. I'll add to that, that you should ask for and receive a photocopy of anything you submit. Then you'd have proof it was submitted. jmo pr
  10. No, a POA stays in effect until you revoke it, in writing. A letter revoking your POA should be sent to the VARO, Veterans Service Center, and to the organization that has the POA, via USPS certified mail, return receipt requested and be sure to keep a copy for yourself. pr
  11. It sounds like an error. First I'd keep everything in order and then I'd make copies, for myself, at Office Depot/Staples or some copy place. Then I'd contact the VARO, in writing, that sent them and ask what to do. Remember "if it can't be read, it wasn't said." jmo pr
  12. I'm sorry you're fed-up but, hey, that's life w/the VA. The missing records could slow it down some more. Remember the C&P exams aren't all they use. Ya know, maybe the adjudicator just needed to clear his/her desk and the quickest way was to request info "again." Remember it's an office type that makes the decision, not the C&P examiner. They get "their" evaluations on how fast they move paper from one pile to the next, not the quality of their work. jmo pr
  13. My thoughts are maybe they were doing something wrong or illegal and are worried about recourse against them? ? Other than that, there should be no problem. pr
  14. It should be done either on a VA "Statement in Support of Claim" form or as a sworn affidavit and notarized. I don't believe the SSN's are needed, however, it must be a sworn affidavit to carry any legal weight, and since it is a sworn statement it carries with it, the weight of the perjury laws, meaning if they lie, they can be charged. pr
  15. Sorry, I missed that, Carlie. I agree, he may be making it harder than it needs to be. I also like what you suggested about mentioning what his rating should be and the award date. I'd also add the line that he's seeking the maximum allowed by law. jmo pr
  16. Dear VA - On _______,1992, I filed a claim for ______ and to date I have not received a decision. Please review the evidence, for that claim, and render me a favorable decision, as the evidence shows. It's been over 22yrs and I think it's time to finish that claim. Sincerely, saxman Keep a copy and send it certified mail, return receipt requested. pr
  17. lotzaspotz - as Berta stated, you can't NOD a claim that wasn't adjudicated. They probably took the second claim as a new claim, when they awarded him/her 10%, in 2013. It can't be a CUE because nothing was ever done w/the original claim. It easiest just to have them decide the original claim, which they may award or may deny. Until something is done with that, nothing else can be done regarding that original claim. pr
  18. I wouldn't believe anything your DAV rep stated. If it can't be read, it wasn't said. pr
  19. I don't see it happening, anymore than awarding a PH for PTSD. (jmo) I believe one of the requirements is that you shed blood. Good luck, tho! pr
  20. Knowing the VA, as "we" do, they'll probably note that you have sleep apnea and then rate it NSC. jmo pr
  21. I would only file probative or favorable evidence. Just because she didn't sign it doesn't mean anything. As for the meds, take what you need and leave the others. Nothing says you have to take "all" the meds you are given. jmo pr
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