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Philip Rogers

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Everything posted by Philip Rogers

  1. I think he'll only get it from 6/1/15, as in most cases the month the claim is made does not get paid. I'm not sure on the temp for rehab, tho. pr
  2. They could reduce you at any time, however, if the evidence is there, you shouldn't be reduced. If you received your 70% rating, in October, I would just file a NOD, rather than requesting an increase, which starts a new claim date. Anytime you file a claim, w/the VA, they can look at your other conditions and possibly reduce something. It rarely happens but you should be aware of it. jmo pr
  3. It usually means temperature, pulse and respirations. T 103 would be a temperature of a 103 degrees. 98.6 degrees is considered normal. pr
  4. I believe technically, using the combined ratings table, your total is 159, which would round up to 160. Therefore you should have been awarded an "s" award. You should be eligible for retro back to the date you qualified with those ratings and if it was 2008, they owe you back to 2008. Personally, I would file a CUE, as an "s" award is a given, meaning when you achieved that total, they are required to pay you. Congrats!!! jmo pr
  5. It could be, depending on what the error was. pr
  6. They could be, however, I doubt it. You could try to get it from your c-file. Also, it could be that it takes a few weeks to show up in your VA medical records. jmo pr
  7. You can appeal travel pay, just like any VA claim and you have a one yr deadline, to do it. At my RO, (White River Jct., VT) the VA has recently changed veteran's mental health group meetings, by making them "open or walk-in meetings", thereby only paying travel pay, for one way, instead of the usual round trip. This hasn't affected my group, yet, but I can see the writing on the wall. I guess a way around it would be for your shrink to write a prescription, requiring the veteran to attend the group meetings. My counselor has to make an appointment for each one of us in my group, each week, for us to receive travel pay. Bear in mind, that any account the VA can deposit money in, they can withdraw money from. I recommend keeping an account "just for VA deposits" with a minimal balance and transferring all VA deposits, immediately, to another account, at another bank, just to protect yourself and your money. Yup, I'm paranoid! jmo I fax my travel forms, to the travel office, these days, and generally get paid within 5-10 days. pr
  8. broncovet - yup, he didn't appeal for an EED, which is a shame. I think he could still win, on a CUE, about $160k, but I've lost contact w/him and have no desire to assist him, any longer. I do know he was the claims guy, for the local VFW, and sat at the local VFW bar all day long sipping beer. He also received a DUI within 4-6 months of winning his claim. I assisted him and another vet, who lost his big toe, to an enemy bullet, in VN, win TDIU. Who am I to judge! jmo pr
  9. Evidence. A case, I won, involved a VN veteran, w/a skin condition, for which the max allowed was a 50% rating. He'd been to his Congressman, twice, for help, and the VA responded, both times, that 50% was the max allowed, for that condition. At the time, I assisted him, he was receiving VA pension, as it paid more than the 50% compensation rate. We requested an extra-scheduler TDIU rating, based on the fact that the skin condition required dressing changes a few times daily and that the condition caused a noxious order, that bothered coworkers, when he was working. The BVA agreed and awarded him roughly 42 months of retroactive payment. He chose not to appeal, as he didn't want to rock the boat. That was too bad, as he could have probably won another 10yrs retro. The good thing about VACO is that they know how to read and apply the law. For the most part, no VA employees ever read past the previous employee's decision, assuming they did everything correctly. Also, they get paid based on "work product completed," not work product completed correctly. Actually, it's a wonder anyone ever wins a claim at the VA!!! jmo pr
  10. You shouldn't get reduced but you never know w/the VA. I am SC for alcohol, due to PTSD. I very, rarely, drank, until VN, but that's what we did when we returned to base camp, after an operation. I'd get that 11yo start stuff corrected. It may take a while but you'll win. There's no extra money but they will rate and pay compensation, for damages & care, caused by alcohol. I hope I never need it!! pr
  11. When I won my 100% SC for PTSD, 10yrs retro, they deducted the pension payments, since they had been paying me pension during my appeal period. I still came out of it w/a little under a $100k, retro. You can request they allow you to pay back the pension via time payments and they "may" allow it depending on how much your award and retro are/is. It'll be their decision. jmo pr
  12. Sorry, didn't see this until today. I believe he should be able to get an SMC "k" award for a BKA and it should go back to his original award date, so he could have some retro due. If you want to post the decision, I could give you my opinion but please block out any personal ID info. You could also IM me, with the documents, here. pr
  13. I, personally, would prefer something like the mid east coast to middle America. I'd make my own arrangements, once I know where it'll be. pr
  14. Sorry, I don't know what BKA is but, I believe, the VA can award up to three "k" awards. I believe after three "k" awards they award the next level of SMC but I'm not positive. pr
  15. While I agree w/the statement, nothing Bernie Sanders has done or will do helps veterans. He represents VT and does a lousy job. I live in VT and I have no use for him!!! The only way I'd vote for him is to make sure that the lying, snake, Hillary Clinton, doesn't get elected. jmo pr
  16. I support him, also, even tho he's never responded to my 2 emails, over two months ago. I emailed Allison, 3 weeks ago, also, and she stated they would look into it and that's been 3 wks w/no response. jmo pr
  17. broncovet - I believe step-children are automatically covered by definition. jmo pr
  18. You might want to leave it, as is, for now, and then adopt them when they are 17yo, making them eligible for the VA Chapter 35 and ChampVA benefits. jmo pr
  19. Venturing an educated guess, I would say the 40% award was too late for the current May payment period. Payment for May 1st, went out, probably, on 4/27, or thereabouts. Your adjustment may follow in a separate payment or may arrive w/June's payment, on May 29, 2015. jmo pr
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