Philip Rogers

bronco - thanks for the compliment and I agree for the most part. Part of the problem is that the VA trains the VSO's, thereby making them pretty much worthless. They are not taught how to win claims, they merely show them how to fill out forms and how to avoid filing the claims, in the first place. It's not their fault . . . it's the VA's. jmo pr

Good on you!!! pr

bump

I recommend none of them and suggest that if the claimant has any common sense, the ability to read, access to a computer/internet and can type w/one or two fingers, that they do it themselves. All the info you need is on the internet these days and no one will work your claim like you will. jmo pr

Pete - I knew you were sorta venting and agree. Sorry about your roofs, or is it rooves! ;-) Ya might try lowering your deductible. I just had a 2' diameter tree land on my roof. Luckily I discovered I only have a $250 deductible. Not much damage but still have the tree there awaiting their adjuster. Stay we[[! pr

Pete, you should have Medicare. I do and I use it. This yr I added the extra insurances, for prescriptions and copays and am using my COLA to pay for it. I see the VA a couple times a yr, to renew prescriptions, etc.. I recently had an oximetry(sp) test and am now on oxygen when on my CPAP, at night. The VA would have never checked me for that. Just as w/your claims, you must be proactive w/your health care. It costs me a few dollars outta my monthly check but I feel my life is well worth it. I know it shouldn't be this way but it is. I still consider "us" very lucky for the VA retirement package we have! Yes, I wish it were better but bitching won't help me, either. Without my VA comp, I'd be living just under $1k a month. I'm still glad I was born in America and served my country. Would I do it again . . . probably not, knowing now how they treat us and avoid honoring their "contract" w/us. Every day I awaken, joyful to have another day or hr or minute. So far, Friday the 13th, hasn't quite blessed me but it could be worse! Stay well, my friend!!! pr

If I were you, I'd file it now, so as to get an early effective date(ie: the date of your claim). If you wait, your effective/award date will be whatever date you file. jmo pr

Correct, but just to be clear, the atty can't get paid twice for the same work. I'm sure you already know that. pr

The atty cannot get paid by both. I believe, if they lose, they apply to the Court for EAJA funding and if they win they get paid by the VA, as the court would assign legal fees and court costs to the loser/VA. My atty won a remand, by the court and requested EAJA funding, which the court approved. pr

Most attorneys, who work before the court, will be free, as they usually are paid under the Equal Access to Justice Act (EAJA) but the case must have "some" merit, for them to take it and for them to get paid. pr

You can do a search at the CAVC and see how his cases turn out. pr

I agree w/john. I avoid anywhere there are sudden loud noises, such as fireworks, etc. pr

If it's been 18 months, I'd bet they need a new/current C&P exam on him. jmo pr

For a Meso death she should be able to collect from many defendents, the VA included. The attys try to ID any products the claimant or decedent may have worked with or been exposed to and then they sue all of them. Many funds have been set up to settle claims and many companies have filed bankruptcy. She'll probably get settlements from all she can ID. jmo pr

You are not "required" to accept any of the treatments offered by the VA. It's a good idea to continue with some type of treatment, so that you have medical records of your continued disability, in case they try to reduce later. The Vet Center is probably better than most. I have no idea of any type of "payback" she might be talking about. I know when I won my claim, I donated a freezer and some cash, to my Vet Center, but that was because I wanted too, as we had a program where we purchased reduced priced meats and donated them to needy vets. jmo pr

You should tell her to shop around for Meso lawyers, as the percentage they take can be reduced. Most charge between 30% - 40%, so she should dicker w/them going for the lowest rate. They generally hook themselves to one of the biggees, like Sokolove, on these, and ride on their coat tails. If the death is very recent and unexpected, she may not be in the best state of mind to deal w/this. jmo pr

You'll find them spelled out in 38 USCS 1114. When you get into the sub letters it explains each SMC. pr

I would continue to gather more probative evidence and if you feel it's necessary, submit it to the BVA, with a waiver of agency of original jurisdiction, included. That will allow the BVA to /rule/use the evidence without the RO having to rule on it first. I feel you can never have a enough evidence. jmo pr

I would guess nothing will be done, at earliest, until Jan 2013 and probably more like June 2013. jmo pr

Yes, as soon as I start believing in the tooth fairy and Santa, again. pr

They generally allow access about four months after the decision date. pr

SSDI should have no effect on your VA comp. If your SSDI is for the same condition(s) that your VA comp is, I would send the VA a copy ASAP, as it could help expedite your VA claim. jmo pr

That would depend on many factors, the first being the definition of nearly. jmo pr

It should help. jmo pr

Congrats!!! It'll take what it takes. There is no set time frame but generally anywhere from 30-90 days. Again, congrats!!! pr