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Philip Rogers

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Everything posted by Philip Rogers

  1. If you've been 100% for 5 yrs or more you should apply for P&T, especially if you have a spouse and/or children. jmo pr
  2. Barbamatt - You do not need to meet the schedular requirements of 38 CFR 4.16(a) to receive TDIU, you just need to meet 38 CFR 4.16(b). The VA often quotes 4.16(a) in their denials but never mentions 4.16(b). Your SSDI award should carry you for your TDIU award, provided it's for SC disability(s), as others stated. Be sure to submit the SSDI award documents, asap. pr
  3. Yup, but how close I can't say. Could be any day or month(s). With them ya never know! I've seen it sit w/them for months but I think you'll know within 90 days, or less. jmo pr
  4. If you apply for TDIU they would probably deny it, as you are already 100% scheduler. That being said there could be an issue because if you had a SC disability that made you TDIU, plus you had other disabilities that totaled 60%, you could be eligible for an "s" award. If you were awarded a 100% scheduler, for a single disability, the issue of an "s" award should be considered as an inferred claim, and if they didn't decide that question you still have an open claim for an "s" award. pr
  5. Now that you're disabled for SSDI you should request the VA give you an extra-scheduler rating of TDIU and provide them w/you SSDI award letter. You should get TDIU, now. pr
  6. If you mean an associate of arts degree, sure. The VA will test you to see what fields your interested in and your chances of success. They also pay for tutors, if needed. pr
  7. I believe AskNod usually suggests that you skip the DRO and go straight to the BVA, as most DRO's have a 2yr wait, which is about the same as the BVA. The choice is yours. pr
  8. Yup, they'd love to send you to school, as long as your disability doesn't interfere w/your performance. pr
  9. It took me five months to get a C-pap thru the VA and they said I needed one immediately. Thanks VA - I know you're disappointed as I didn't die waiting. I ended up seeing a private sleep doc, who explained to me that the VA dispenses C-paps just as they come programmed and doesn't program them to each vet, which is why many vets are non-compliant, as they are not working as they should. My private sleep doc ordered me another sleep study and switched me to a B-pap, which I had the next day. Thanks Medicare!!! pr
  10. I believe that if the VA doesn't follow M-21 it's a CUEable offense. pr
  11. I have a B-pap and it works but I still wake every couple of hrs. I use the nasal pillow but still have a few problems. I wonder how many who died in their sleep had sleep apnea??? pr
  12. FYI - I'd send a certified, return receipt requested, notarized notice, revoking your POA to both, the VA and the VSO holding the POA, and keep copies. Once they've been notified of the revocation, any decision(s) made after that would be illegal and absolute grounds for a CUE. pr
  13. You can go elsewhere but you have to pay for it. I have Medicare and a Medicare supplement, that I use for my local care. I used my last COLA to help pay for the supplemental insurance. I see my VA doc once, or twice, a yr and get my prescriptions, from them, as needed. I'm starting to develop kidney problems, thanks to the VA prescribing me 800mg of ibuprofen 3x a day. Ibuprofen is very bad for your kidneys. I've stopped taking it and will check w/my local doc about something for the pain, now. My VA doc gave me some BS about their protocols only allow 100mg of tramadol a day. That was a lie!!!!!! pr
  14. I believe it should be an additional $341.04 a month. Not sure of the exact amount. It's considered an "s" award. pr
  15. I think you can win it, just don't give up. I helped a Korean war vet win a claim back to 1955. jmo pr
  16. I agree w/Berta. As long as the last C&P is less than a year old, they often don't need one, especially if the TDIU issue was "deferred." jmo pr
  17. You don't have to take meds, that's your decision. Try counseling at a Vet Center, as they do a better job. jmo pr
  18. Just so you know "PTSD is real" and police officers and fire fighters do get it. Not all but some, just like some veterans. (Now, personally, I think IBS is BS. Guys have a little diarrhea and the next thing you know they want to get paid for it.) Anyway that's just me. jmo pr Just so you know I was kidding about the IBS stuff!!!
  19. If you win it should go back to the date of the claim that you are appealing, not the date of the NOD. If you're waiting for a traveling board you can contact the BVA to find out when it may be scheduled. pr
  20. Personally, I'd wait no later than 21 days before the deadline and I'd submit it in hardcopy, USPS certified, return receipt requested. To me, electronic stuff can get lost too easily. There is a NOD form you can use, tho I've never used one. pr
  21. They're not allowed, as Carlie stated. You can check and ask what rate you are being paid at or what your monthly check is, just to confirm. The 30 days isn't an accurate estimation - it would probably be sooner. jmo pr
  22. If the VA denied the atty the POA and (s)he was unable to access her c-file, she should not have to pay him. Also, 30% for VA probably isn't allowed, which is why the VA may have denied the atty the POA. jmo pr
  23. Not to make you worry but the VA has been trying to get my SSA records for over 20 yrs and they were originally located in the same building, one floor down. Unless you requested a de novo review or a DRO hearing, you'll probably need to wait for the BVA. Have you filed a from 9?? and if so have you received a statement of the claim (SOC)?? If you filed a form 9 already and received BVA certification, you're headed to the BVA and at least a 2 yr wait. jmo pr
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