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Philip Rogers

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Everything posted by Philip Rogers

  1. You are P&T, period. The statement "Basic eligibility to dependents assistance is granted as the evidence shows the veteran currently has a total service connected disability, permanent in nature" confirms this. Your spouse and underage children should apply for ChampVA, if they haven't already. pr
  2. Coot - ya don't get paid for anything but full months of compensation. If your application(claim date) is 6/15/10 and they award using that date, the monetary benefit starts on 7/1/10, with the actual amount paid after the month has ended, which is on 8/1/10. Just sayin . . . pr
  3. No, it shouldn't slow it down. They generally start a new temporary c-file, for the new claim and will add it's contents to your actual c-file once the BVA is done w/it. pr
  4. If I recall correctly, my atty was paid around $6800, thru the EAJA, for my case, which took 3+ yrs and was a remand win. The atty is required to submit a claim for EAJA funding to the court, that explains hours and hourly rate charged, in addition to costs. That claim must be approved by the court, in order to receive payment. I doubt my atty spent 20 hrs, over the 3+ yrs on the case, himself. That works out to over $300 an hr, for his services, of whch many were performed by his legal secretary and paralegal. That's still a good hourly rate! jmo pr
  5. You should be able to take classes w/o any trouble. The ability to successfully attend some classes does not equate into the ability to work 40 hrs a wk. pr
  6. John, I think I have a great case and myself and the lawyers are really, really, motivated!!! Don't know that I'd want to make a 100yo, tho, as the way I'm feeling these days those last 15-20yrs may be in a nursing home, wearing diapers. Ya know they always say ya can live longer but they never discuss what those last few yrs may be like. jmo pr
  7. broncovet - He kept me as his client for an appropriate yr after the court's remand. I think he saw it was going to take a little more work than he wanted to do. The thing is they get paid either way thru the EAJA. The nice thing is that when he notified me he was withdrawing, from my case, he sent me copies of a decision, that the VA had never sent me, which added 3 more 10%'s to my 100+30 awards and made my claim for 100+60 equal the 100+60, that I'm now fighting for. If I win, which I should, just based on the original HB, it'll be a retro award of over 24yrs. Nice little chunk of change. jmo pr
  8. broncovet - I only signed up w/them a month ago, so I haven't needed to make any calls, to them. They did send me a letter, last wk, explaining the process and the allowed times for filings, etc. Also advised me to call anytime and who to speak to, about my case. I last used Robert Chisholm, of Chisholm, Chisholm & Kilpatrick, of Providence, RI, and while he was good (won a remand) he didn't communicate that often but always took my calls. Case took about 3.5 yrs to process and, of course, his fees were paid thru the EAJA. He dropped me about a yr later. pr
  9. CC, the VA is saying that they are still losing soldiers/vets at a rate of 18 per day, to suicide. Sad. pr
  10. http://www.military.com/veterans-report/army-reviewing-diagnoses?ESRC=vr.nl pr
  11. I'm sorry for your and her loss! She may be entitled to DIC, depending on cause of death, and what he was SC for and how long. She should be entitled to accrued benefits but needs to file a claim for herself, as I believe his claim died w/him. Berta should post soon, as she is the "lady" w/all the answers on this subject, having been there herself. pr
  12. I believe you can, altho, I'm not sure how that'll work, if you're already being compensated because the right knee brace wears out the right leg, of the pants, and now the left leg of the same pair of pants is being worn out by a new brace, on the left leg. I'd say apply and let them decide. jmo pr
  13. http://news.yahoo.com/ap-impact-almost-half-vets-seek-disability-160656481.html Interesting. pr
  14. Good on you, John!!!!!!!!!!!!!!!!!!!!!!!!!! pr
  15. I agree w/Berta, as she is the expert on these claims. As for the SSDI, you need to find an atty specializing in SSDI law, in your area www.nosscr.org (and don't even think about using ALLSUP). You became disabled before age 22, so you are entitled to SSDI against your father's SS acct, if you didn't have enough work credits, yourself. If you were in the military, a full enlistment, you should have met the number of quarters requirement. pr
  16. I can tell ya worrying won't help, so why bother? If your last C&P exam was more than a yr ago, it is possible they are doing a review and could reduce or increase your rating. I vote for reduce, so be prepared just in case. I'd call the C&P scheduling office and find out the reason it's being scheduled. jmo pr
  17. Charleese - I figured this based on the following ratings: 30, 30, 20, 20, 10, 10 & 10. Using the CRT it totals to 78%, rounded up to 80%. Since TDIU was awarded back to 5/29/09, there should be no additional because he was paid at the 100% rate, from 5/29/09, the date of the additional 20% award. Payment for the actual TDIU/100% starts on 6/1/09, w/the actual first payment of the 100% rate being paid on 7/1/09. This should be correct based on the percentages you posted. Hope this helps! pr
  18. Generally the money does show up, in direct deposit accounts, quite quickly, and frequently, even before the claimant receives the award letter. jmo pr
  19. John - I'd check w/another pharmacy and try, but to my knowledge she needs to pay the co-ins amount and seek reimbursement from ChampVA. My ex has Medicare, ChampVA and Medicaid & needs to submit her prescription copays to ChampVA. They reimburse regularly and quickly. This only happens w/prescriptions, not medical visits. Sorry I can't help more. pr
  20. I believe it's easy to tell. On 10/01/1981 it jumped $86 dollars, which would have been much larger than a COLA raise, around 26%. You'll also note back then they gave raises at the beginning of the fiscal yr, October first, rather than like they do now, December first. Must have been some cost savings measure, that screwed the vet, once again!!! Also note that the 10/01/1982 raise was a little over 7% which was fairly substantial. jmo pr
  21. Carlie & John - Gonna try and I hope the retro check will be sweet. I just want to see the court finally resolve the 100+60 "s" award and combined ratings table (CRT) issue! pr
  22. I think it'll bring 50% and maybe higher but as Carlie said, it needs service connection(SC). Was that mentioned in anyway or were you diagnosed w/PTSD in the service?? pr
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