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Philip Rogers

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Everything posted by Philip Rogers

  1. JOHN1 - you should be safe and should get P&T w/o much problem. You're over 55yo, so they should've made you P&T from the beginning. In the highly unlikely event they do attempt to reduce, be sure to request a hearing, immediately. I think you're safe. C&P examiners usually go w/the previous examiners evaluation. Keep us posted! pr
  2. They don't deduct from your TDIU comp. You either get it or you don't. pr
  3. Thanks and please keep me posted. I have Sleep apnea due to weight gain, I believe, due to my sedentary life, caused by my PTSD. pr
  4. I don't know how they do it but a GAF of 55 should bring a 50% or 70% rating. jmo pr
  5. They are and they should be. One need only apply for P&T. pr
  6. Their recovery of your severence pay should only come out of any comp you are due, not any Voc Rehab money, so I wouldn't worry about that. pr
  7. bump klovisk - I personally don't know of any but I'm sure they exist. Hopefully, others will post soon. pr
  8. I'm assuming you receive military retirement or receive some type of reserve/NG pay, that will probably offset some or all of your VA comp. VA comp is tax free. jmo pr
  9. You can attend school and continue to receive TDIU, while attending. The ability to work and the ability to successfully attend school are not in anyway the same. Are you planning to use your Voc Rehab benefits or your regular school benefits, to attend college. At 31yo, you may find school more difficult than you think, just dealing w/youth. Remember, you've been in the military and are much more mature, focused, abled, etc. than today's youth. I personally can't stand them and avoid all contact, period, but I won't go there. Good luck!!! pr
  10. If I were you I'd apply, for SSDI, yesterday, if you paid SS during your gov't career. I think SS was talking about SS retirement. Some gov't retirement program were in lieu of SS and in those cases you may not be eligible for SSDI but I'm not sure as to those programs. Others will chime in. As to SSDI, if you paid SS for your gov't career then I'd apply, using the day after you retired, on disability, or your TDIU date, as your disability onset date. Also, I believe, some federal retirement programs offset SSDI. pr
  11. Yup, I think you're right Berta. Probably is remanded for an effective date issue. pr
  12. I would think it would be possible, for the RO, to recall a case, especially because, I believe, the c-file is held at the RO until about 90 days before the BVA is actually going to review the claim. I don't know of any cases where it's happened, tho. It would essentually be the RO calling a CUE on itself and the evidence would need to be quite compelling. I think redacting is the wrong term, as it's where they block either personal identifying info or other confedential info. jmo pr
  13. It's probably highly unlikely but as long as you're earning less than about $9k-$10k, annually, you should be okay, as long as you don't hide the fact that you're working part-time. jmo pr
  14. They could but "usually" they require that the TDIU form be filed, first. pr
  15. I agree w/the others. A lay person can state in lay terms what they saw, heard, read, witnessed, etc., and the VA must accept it or explain why not. pr
  16. I agree, it may be a "k" award but it should be explained in the award letter. That being said, I don't believe it's your responsibility to audit the amount the VA is paying. You can advise them or you can wait until they realize there's an overpayment(if there really is) and when they request repayment, request a waiver cuz it wasn't your fault. You could also hold it in a separate bank account, accruing interest, and pay it back, when they request it, less the interest, of course. jmo pr
  17. Teac - I think you've got a valid claim and will most likely win. However I do believe it needs to go to the court, unless the BVA concedes, which they may do at the last moment. jmo pr
  18. I would just go w/whatever you have. Our mind tends to black things out to protect us. They may come back in dreams, as our mind trys to file them away in some sense of order. jmo pr
  19. Personally, I think reconsideration requests are a waste of time. The VA rarely changes the decision of the previous rater, unless it's a DRO decision. In fact they rearely read further than the previous raters decision. jmo pr
  20. You should hear within 30-60 days, depending on how busy the ALJ is. If the ALJ is really busy it could take 120 days. It sounds promising! jmo pr
  21. No one is required to see the VA for care, of their s/c conditions, and they cannot cancel your comp payment for not using VA care. I prefer getting my care promptly, so I use my medicare and I pay the copay. I use the VA for most prescriptions and some bloodwork. They did give me a new Cpap this week. I plan on getting a private sleep doc so I can change my mask more frequently, as VA will only change every 6 months. pr
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