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Philip Rogers

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Everything posted by Philip Rogers

  1. The VA should be the custodian of your records, now, not the NPRC. Once you file a claim, the records are transferred from the NPRC to the VA. pr
  2. You haven't received your official notice yet, so all this is just wasted time and speculation. If you were awarded 100%, then TDIU would be a moot issue and they would, of course, deny it. They may, or may not, have made you P&T. You won't know until you get the actual notice. Until then, all questions are just wasted time by all. jmo pr
  3. They would probably ignore the NOD because the '92 claim was never decided and still remains open. jmo pr
  4. Whatever you do don't let them re-open an already "open" original claim. If they do that you will lose your original claim date. They're slippery, so you have to be on your toes, as you can see by missing that non-adjudicated open claim. pr
  5. That's how the VA saves money, by cheating the veteran. They feel you should have known. Your VSO screwed up and you lose because of it. Sorry! Every claimant should own a copy of the Veterans Benefits Manual, printed by LexisNexis for $150, http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?pageName=relatedProducts&skuId=SKU12734&catId=1&prodId=12734 The 2014 edition is due out in Sept. I know it's a little pricey but you can't afford not to own one. Think of the money you've lost. jmo pr
  6. Perhaps you filed some paperwork that could be considered an "informal claim," prior to your Feb/2014 claim filing, that would allow the earlier award date?? Just a thought. Anyway, you should know shortly. If the DAV had your POA, then that's why you got the letter. It doesn't matter whether they did anything or not. They obviously agreed w/the VA decision. pr
  7. If the original claim was never adjudicated, back in '92, that claim remains open and it is not a CUE. You merely have to write them and request that they now adjudicate the original claim, that was filed in 1992, as Carlie stated. pr
  8. If you had the DAV, as your POA, you can be fairly sure you're rated 100%, as they receive the notice first, so they can let you know, tell you what a great job they did and request you join or donate money, if you are already a member. It could be a mix-up but I doubt it. They may have found something and were able to back date your award, altho not likely. You are better off w/a diagnosis of PTSD, as it's not curable. Don't spend any of the money until you get the official notice. It'll probably show up in your bank account first. jmo pr
  9. Congrats on your award!!! If they gave you 70% for PTSD you are probably 100% for PTSD. You can apply for TDIU but you'll need some proof you are unemployable. Just being unemployed doesn't equate to unemployability. You need your docs/counselors to state you can't work. Sometimes when you apply for VocRehab, they find your disability is so severe, that they can't train you, and they state you are unemployable. I had that happen to me. By the way I filed for PTSD, in 1989, and they gave me 30%. I appealed, appealed, and appealed, and in 1999, I was awarded 100% retroactive to 1989. Over my 10 yr battle, w/the VA, they awarded me 30%, 50%, then 70%, then TDIU and finally 100%. I guess they hoped I'd give up. I'm now 100% for over 25 yrs. Never, ever, give up! jmo pr
  10. Mine's there! Is this for your regular monthly Comp payment or travel pay for a C&P exam?? If it's for your Comp pay, check w/your bank, first. pr
  11. Payments should be posted to your accounts after midnight, tonight. Since September 1st is a holiday, the checks will be in our accounts for tomorrow. pr
  12. Obviously, Carlie is correct!! Payment begins on the 1st, of the next full month, after the award date (ie: 12/13/2013). So payment for the first month, that started on 1/1/14, is paid on 2/1/2014. So you should have received 6 months payment, w/August's payment being received tomorrow, since Monday, the 1st, is a holiday. pr
  13. I don't believe the ratings schedule has been changed since around 1944, except for new additions. pr
  14. The 2014 VBM should be out within the next 2-3 wks, as I just received my confirmation of my annual order, yesterday. pr
  15. They used the C&P exam date to show you got worse. You should appeal the date and go after the original rating, before it was reduced. jmo pr
  16. As it stands right now I see an error. You should be receiving 90%, not 80%, now , if you already have ratings of 50, 50, 40, 30, 10 & 10. Your new award may bring you to 95 or more, which could round up to 100%, depending on whether they award a bilateral factor, which I think they do. You could have a major payday coming, if I'm correct. Check my numbers w/38 CFR 4.25 and then wait and see what they do. They should award 90%, back to your latest rating award, if I'm correct. I ran the numbers 3 times but I also make mistakes once in a while. Please, anyone, correct me if I'm wrong!! jmo http://www.law.cornell.edu/cfr/text/38/4.25 I just checked the numbers, again, and I show 92%, rounded down to 90%, and that's before this new award. So they owe you 10%, back to your last award, when they gave you the 80%. pr
  17. Generally, your service medical records, once transferred to the VA, are kept in your claims file, at your VARO. If you change States/VARO's and request your c-file be forwarded to your new VARO, then the c-file, w/those service medical records, will go to the new VARO. Your service medical records generally do not include stays in a military hospital. You have to contact that military hospital or if the military hospital was in VN, the NPRC would have them, in that hospital's archived records. pr
  18. The VA will supply you w/hearing aids and replace them about every 3 yrs, no matter whether your hearing loss is SC or not, just like glasses. Like John stated you probably have to be deaf as a stump to get Comp for it. As for the sleep apnea, good luck w/SCing that. As for the noise you might try going to the VA for a white noise machine, that kinda helps in blocking out that noise, when trying to get to sleep. And as John stated, you can file a claim for depression, secondary to your SC tinnitus. pr
  19. They generally rate other things, found in a C&P exam, as there but NSC. pr
  20. If your 100% is not for 100% PTSD, alone, then you can work and, in fact, even w/100% for PTSD you could work but is it worth it?????????? One does NOT need to meet all of the 100% criteria, of the 100% PTSD rating, to be rated 100%. Is it worth losing about $33K ($40k, if it were taxable) a month, to work??? The choice is obviously yours. You could always do it for free! I have a vet friend, from my PTSD group, who's been a volunteer firefighter, for about 30+ yrs. His town gives him a $500 allowance each yr. He runs the pumper, which is a very, very, important job. He could never work but it helps him to survive. jmo I've been 100%, for PTSD, for 25+yrs. I doubt I could work. If I did I would probably run the risk of probably going off the deep end, one day. I manage w/o meds, too. I feel so lucky to have my VA comp. Yes, I would prefer to be normal but it is what it is and I make the best of it. Much of my therapy comes here offering advice to other vets and for this I owe tbird a really big hug, for allowing me to be here. Again, jmo! pr
  21. Yes, but they need a C&P exam, to do it. It may also depend on how long you've had the diagnosis. If they're changing it depression, I foresee them eventually knocking you down to a SC zero award. I would fight it tooth and nail!!! PTSD can't be cured but can be manageable. jmo pr
  22. Serving in a war usually means the war period, not in actual war/combat. pr
  23. Make a note of what, when and how you found out about the appointment, while it's fresh in your mind, and also note that "you allegedly attended the appointment." Sign & date it - and then file it away, just in case. jmo pr
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