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Philip Rogers

HadIt.com Elder
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Everything posted by Philip Rogers

  1. Medic - since you are 100% + 60% you should be receiving SMC "s" award, which pays, I believe, an additional $331 a month. Check your award letter and make sure they awarded you the "s" award. If not, send them a letter and they should correct it, quickly. pr
  2. Thanks! If you get SSDI, they should both be eligible for SS, as your dependents. As for VA, the child is eligible, at birth, and the mother "may" already be eligible, w/o marriage. jmo pr
  3. Mine were PTSD related dreams. I rarely, if ever, have them these days, except if I watch a movie, like "Blackhawk Down," that triggers them. They are usually dream related, in my case. pr
  4. I'd send it. It could only help, if they decide to use it now. jmo pr
  5. I'd go after "Moody," as he or she's the one that recommended you go there!!! Just kidding!! Sorry it happened but "life or sh*t, as it's sometimes called, happens and we can't plan for every option. In the old days, I'd have been just like you!!! These days I'm wiser and realize there is nothing I can do about it, so why get all bent outta shape? jmo pr
  6. You basically have it but you don't round, up or down, until after the final combined percentage. Your numbers should be 50% to 65% to 72% to 75%, w/75% rounded up to 80%. If there is a second 10% it would be 50,65,72,75,78 rounded to 80%. Hope this helps. pr
  7. Yup, DEA bennies mean P&T!!! Good on you!!! pr
  8. It depends. I've torn my bicep from where it connects to my humerous, leaving me with what looks like a "popeye muscle," when I flex that muscle. The surgery is kinda major and my doc says unless I feel I really need it, they don't recommend it, at my age and condition. It's not like I'm likely to be competing in any sports or physical type work, so it's okay w/me. Actually I don't do elective surgery, anyway, I only do absolutely necessary surgery. The recovery would be lengthy, also. just sayin . . . pr
  9. Coot - my claim was mostly for PTSD. I had a couple of other claims that were long shots due to nexus and they were denied. Basically what had happened is I was awarded 30%, initially, which I appealed. I eventually was awarded 50% but denied TDIU based on 4.16a. I appealed and about a year later filed another TDIU form. Over the next few yrs I filed a couple of additional TDIU forms, just in case I had done something wrong or had missed a deadline. At that time, I was very new to the VA system and didn't know squat. In '97 I was awarded TDIU by a DRO, but my appeal continued and in '99 I was awarded 100% schedular, for PTSD, retro to my first filing date by the BVA. Nothing slowed my claim except my ignorance and the VA's poor system. When I was denied TDIU using 4.16(a) I thought it made sense but once I realized there was 4.16(b) I realized the VA was screwing vets, by only quoting 4.16(a). I'm sure many vets still don't know about 4.16(b). pr
  10. carlie - from what I've seen, they generally up the rating so it meets the 4.16(a) criteria, rather than award under the extra schedular 4.16(b), and if extra schedular isn't mentioned, in the claim, they won't even consider it, especially on their own. pr
  11. Coot - First, I don't see that he's rated "0%." I thought"none" meant he had no rating. I don't see that adding the TDIU application slows his claim. That old adage that the VA moves your file from the top of the pile to the bottom of the pile, has no merit, to my knowledge. The claims should still be processed as received. Maybe one of our VA employees, here, can clarify this for us??? I do know that the 4 times I applied for TDIU, during my claim process, caused no delay in my claim but that was between 1989 -1999. jmo pr
  12. Personally, I'd apply now. I see no reason to wait. You have no rating, at this point, and I can see no reason they may award TDIU, w/o an application. Remember being "unemployed" does not equate to "unemployability." I feel waiting just delays the TDIU issue. jmo pr
  13. retiredat44 - how's that saying go . . . you can lead a horse to water but you can't make them drink! Have you read 38 CFR 4.16(b)? Actually you should read the whole 38 CFR 4.16(a&b). I believe you can find a link on Hadit.com's home page. Good luck!!! pr
  14. My personal opinion would be to find an atty specialing in VA medical malpractice. I'd get copies of all surgical and medical reports, all x-rays and anything that pertains to this surgery. Documents & x-rays tend to get lost or misplaced, so I would do this immediately. You should also get the records from the Rehab people at your local hospital, too! jmo pr
  15. I agree w/carlie. It could be "anytime soon" but knowing the VA it'll take less than 5yrs. Find something to do, while you wait, as it'll keep your mind off it. I know it's hard but you could start preparing a generic NOD, just in case. jmo pr
  16. If I were you I'd pay it. When the conditions become SC, then you can request and get a refund. Consider it a small "non-interest bearing" savings account. I believe Priorty Group 6 has to pay copay amounts. jmo pr
  17. retiredat44 - you say all you need is 20% but remember the VA uses the Combined Ratings Table. That being said, if you can't work, "why wait?" File now!! Unemployability doesn't require any specific percentage. (see 38 CFR 4.16b) jmo pr
  18. I would file for TDIU now, as they generally won't consider TDIU until they receive an application. I filed 4 TDIU applications, just in case, during my 10yr claim & appeal process. jmo pr
  19. I believe you have a CUE at 10 yrs ago. Whether or not you do, is another matter. I would file the CUE claim and appeal, appeal, appeal, if they disagree. The only stupid question is the one not asked. The only claim w/no chance of winning is the claim not filed. So I would go for it. jmo pr
  20. JOHN1 - you should be all set! jmo pr
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