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Philip Rogers

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Everything posted by Philip Rogers

  1. Good luck w/that. Don't forget the cost of the homeowners insurance, which the bank will require, in Florida, that I understand is outrageous. The VA should be able to give you a statement of past yrs income, showing past continuance. There is no guarantee of future income as any one of us could die today. jmo pr
  2. Each VAMC should pay their appointment's mileage. The VAMC that has the appointment is responsible for the mileage, so you should collect from each travel office, at the round trip rate to your home. If you have enough time, go to the first appt, collect your mileage and reteurn home. Then leave home, for the second appt, collect your mileage there and return home. jmo pr
  3. First thing you should do, today, is apply for the clothing allowance, which is awarded in late Aug or Sept. You missed last yrs payment, already. Although it's only about $600+/-, it helps. I believe you go thru the prostheses clinic and don't let them talk you out of it. Make the application no matter what they "tell" you!!! I think the max for a knee is 40% (?) so that's the most you'll get for the knee, if that. Now, if the knee causes other problems, you could get something for that. Remember, the VA uses the combined ratings table (CRT), so it's not just added to you current percentage. pr
  4. Technically, you should be paid from home to the first appt, then from that VAMC to the next VAMC appt and from there home. jmo pr
  5. Sad, but believable. Put them away, if they're guilty! pr
  6. The phrase "This claim must be afforded expeditious treatment." was written by the same place that wrote: "I'm from the IRS and I'm here to help you." In reality they are supposed to but they really don't, treat it expeditiously. It's the VA's SVR's way of getting back at the Court/BVA/AMC, kinda like F**k you! pr
  7. I don't know of anyone but you can probably get one thru the Independent Living Program, thru the VocRehab office. pr
  8. The VA assumes you are always pursuing the maximum rating, allowed by law. Anytime the VA doesn't award the maximum the claim is automatically considered on appeal. pr
  9. You can either file a CUE claim or you can reopen, w/new and material evidence. I'd try the CUE, as it uses the original claim date. jmo pr
  10. Yes, it will do some good but you'll probably need evidence, other than your statement, as the VA assumes we all lie. jmo pr
  11. Most VSO's I've met have very little knowledge of the VA claims system and prefer to perfect their golf game than to working a vet's claim. I suggest you do your own claim. There's enough here and on the web to successfully prosecute almost all claims but, as Carlie says, the choice is yours. jmo pr
  12. SC'd = service connected SMC = special monthly compensation (which is additional payment above the percentage awards) pr
  13. I wouldn't begin to guess but somewhere between 50% - 100%. Too many things for me to even consider. Maybe you're dead and the VA hasn't told you yet!! Only kidding, altho it has happened. Good luck!!! pr
  14. John - generally notes were made at the time. Each unit had daily reports, at company, battalion, brigade, division, and corps level. One of the easiest ways to verify these incidents is to search, for Army records, at the National Archives, in Maryland. pr
  15. I guess you missed my point but perhaps I worded it wrong. My point was being a man has nothing to do w/one's ability to have intercourse. pr
  16. Judy - I don't know that I have gotten one, yet. I sent them my denial, which they reviewed and agreed to accept me as a client (took about 2 wks). They filed my case w/the Court and are awaiting my c-file from the VA. I believe the VA has 30 or 60 days to supply them w/my file. Once they review they whole file they will advise me. Once they reviewed my denial, it only took a wk to seal the agreement w/them. Hope this helps! pr
  17. Don't take this the wrong way but you should change equating your manhood w/your ability to have sexual intercourse. When you're 13-25yo, it may be 90% of it but once you mature, I hope you'll find it's just icing on the cake, not the whole meal. My ability to have intercourse has nothing to do with whether or how I feel as a man. just sayin' . . . pr
  18. First off, don't go by anything you "hear." Appeals can take anywhere from 6 months to years, depending on their workload and on the evidence submitted. I feel you should submit any probative evidence you may have, as soon as possible, as it could expedite and win your claim. jmo pr
  19. You are never really P&T until you've reached the 20 yr mark. On one hand, if you don't need the money - why bother, but on the other hand if you would be entitled to the additional money, ie: qualify for it and it could improve your quality of life - why not! You've giiven up a lot, due to your service!! The decision is yours. Looking at your ailments, I doubt the VA would reduce you, however you never know w/the VA. jmo pr
  20. Personally, I don't think they have a leg to stand on and I think you can win. However, that probably won't stop the actual severence happening, on 8/1/2012, and you having to adjust to the loss of income, in the meantime, while appealing the decision. I see the effective date of severing service connection as 8/1/2012, two months beyond the 10yr protection date. jmo pr Title 38: Pensions, Bonuses, and Veterans' Relief CHAPTER I: DEPARTMENT OF VETERANS AFFAIRS PART 3: ADJUDICATION Subpart A: Pension, Compensation, and Dependency and Indemnity Compensation : Protection 3.957 - Service connection. Service connection for any disability or death granted or continued under title 38 U.S.C., which has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The 10-year period will be computed from the effective date of the Department of Veterans Affairs finding of service connection to the effective date of the rating decision severing service connection, after compliance with 3.105(d). The protection afforded in this section extends to claims for dependency and indemnity compensation or death compensation. (Authority: 38 U.S.C. 1159) [33 FR 15286, Oct. 15, 1968]
  21. I'd guess somewhere between 50% - 100%. If you haven't already done so, you should apply for TDIU because without an application the VA is unlikely to award TDIU. It appears, to me, the VA is being more lenient when awarding 100% or TDIU, in recent yrs, so they may lean towards a higher percentage award. jmo pr
  22. Carla - I would apply, anyway. Remember "if it can't be read, it wasn't said!" They could be wrong and you lose because you believed them. All decisions/statements must be written, to protect yourself. jmo pr
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