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Philip Rogers

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Everything posted by Philip Rogers

  1. I'd write them a letter stating what I was claiming and what the evidence was that wasn't there before, quoting 38CFR 3.156©. pr
  2. There's a good chance you can get it and I'm sure it would help your retirement budget. Also, if denied, don't give up, as it's something you earned back when you/we were young and dumb. jmo pr
  3. Yes, unless they already have one and even then I'd send a copy, just in case. jmo pr
  4. I rec'd my prescription for metformin, this month, and received blackberry flavored. What am I six yrs old?? VA musta got a really cheap price!!! New low even for them. jmo pr
  5. Berta - just curious what you disagree with?? pr
  6. I believe it is usually the veterans SSN w/a "B" or "C" after it. pr
  7. Can you post the decision, w/your personal info blackened out? Is it a remand . . . award . . . or what? Generally, they send it back to the RO to apply what they've decided. If it's a win, they could make a staged rating award. Posting the decision would certainly help us answer your questions. pr
  8. You state "Even though I retired about five years ago becuase of increasing problems associated with my disabilities, I retired of my own free will." You can probably get it and if not you could just apply for an increase in your SC ratings. PTSD could get you 100% by itself. TDIU brings w/it some additional benefits, which sure could help anyone's retirment pkg, however if you don't feel you deserve it, then don't pursue it. Myself, I feel we deserve all we get(and more) due to all we did and the way we were treated. If it were me I'd go for it! jmo pr
  9. You may be if your surgery was done at the VA. You stated that you "had dx and surgery (Jun/2010) and IHD became presumptive in (Sept/2010). A hospitalization is considered a claim and the VA is supposed to consider that as such, so that would supercede your Oct/2010 claim. jmo pr
  10. I'm going to go out on a limb, here. In order for the claimant to pursue a claim of CUE (not QUE, sorry Capt!) the decision needs to be final, first. The definition of CUE is different for the VA's side of it. They can call it a CUE anytime they want because they can apply the term "clear and unmistakable error" in the normal sense of the phrase. Remember VSR's are not lawyers, they just apply the rules as "they" perceive them and can correct them when they want. jmo pr
  11. If your IBS interferes w/your ability to work, you can get TDIU for it. Just sayin . . . pr
  12. Yes, probably. They only go back to the date of the claim. Now if he had a claim back then, when he got out of the military, there might be a CUE but they don't pay for stuff you didn't know about, then. I don't think he'll get anything other than the SMC "k" award and that, at most, will go back to 2007. I don't think testicular atrophy pays anything other than the "k" award. BTW, the "k" award for ED is sort of a gift, from the VA. The "k" award is actually for the inability to have children, not for ED. jmo pr
  13. Probably the date of his claim in 2007. SMC for loss of use of creative organ "k" award is currently $100 monthly, in addition to his monthly 100% TDIU rate. jmo pr
  14. I've never heard of one doing that, as between now and the review it could be denied but it is possible, I guess. Just don't go and buy a new car until the money arrives, okay! You might call them and ask what your rate is and the date you'll be issued the next check. Sometimes they'll answer that question but not if you won or lost. jmo pr
  15. You can also ask you VA doc to refer you to audiology and get quicker results, if you need hearing aids. I got mine about 2yrs ago and they are state of the art, blue-tooth and everything. Getting comp for hearing loss is difficult, as the required loss is fairly high, for comp. pr
  16. You should get the increase and retro now. You should start receiving the 50% rate from now on. Whether you appeal it further has no bearing on the increase to 50%, unless you've signed some document stating that you agree w/the award and you consider the award to be a full award of benefits sought. How long it'll take to actually get the retro varies. If you have direct deposit, check your account daily, if you want, as it could show up anytime but don't get disappointed if it takes a little time. pr
  17. I would go ahead and file, as a separate claim. I believe 2 readings over 126 is DM-II. Besides the extra 10% helps. It should be a slam dunk and really easy, w/VN service. I would send them the lab reports showing the fasting glucose levels, with the criteria for a diabetes diagnosis and documentation of VN service. Remember that claims(VBA) and medical(VHA) are two different entities and don't report to each other, unless you tell them to get your medical records. You might want to check on that bladder thing. I'd been getting up a couple of times a night and figured it was because I'm older(67), fat, and have DB-II but it turned out to be sleep apnea. As for a testing meter check on-line for a free one. Most companies will give a free one, to get you to use their products. jmo pr
  18. I don't think he's running any risk, altho most VA employees and VSO's will say he is. It's just their way of helping the VA out. jmo pr
  19. Thanks, Rich!! I'll have to wait on any surgery, until it gets worse, as I only have surgery for absolute lifethreatening injuries/illnesses, these days, as all surgeries have risks. Thanks again, tho! pr
  20. I would FAX a letter signed by her to the RO requesting the required letter. You could also drive her to the RO, so she can personally request and pickup the letter. That is something that is really simple to get, if she goes there in person. I also believe that widows receiving DIC receive a letter each yr stating what their new rate will be, which may also meet the requirement(s). She could also provide them with her first marriage cert, his death cert, showing when/where he died, and the death cert of the last husband. jmo pr
  21. Glad to hear it!!! Have you checked to see if he had a disability or life policy, on the car loan?? pr
  22. It should be, unless the VA considers them all of the same disease/system. My PN is not considered part of my DM-II. pr
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