Philip Rogers

Teac - wow, what a find!!! Most interesting!!! pr

Personally, I would never tempt fate, why run the risk! VA comp is a pretty good retirement package and if you need to feel good you can always do volunteer work, or build bird houses and sell them online for a few dollars over cost. Kinda like setting up your own "sheltered workshop." It's just that I feel you can work w/a 100% PTSD rating . . . . but is it worth the risk. jbasser - we'll have to agree to disagree. One is not required to meet all the criteria in a 100% rating. pr

You should keep the file in the order you received it, as it could point out some errors that were made. I suggest either making another copy for you to work with or number the pages in the order received, so that you can put them back in the original order should you need to. I believe the c-file is divided into 3 sections. Not sure how, tho. jmo pr

I feel this is advantagous to you, however ya never know what the rater will say or do w/it. They could rate you TDIU, or at least send you the form to apply for it. jmo pr

I've been thinking this one over and we perpetuate the belief one can't work w/a 100% PTSD rating. Does anyone know, "for sure," of someone rated 100%, schedular, just for PTSD that has been reduced for working?? While part of the description for a 100% rating includes the inability to work, one does not need to meet all the criteria, for the 100% rating. And if unemployability is a moot issue, than why not??? Any thoughts?? pr

deviant - you can ask for P&T, now, bearing in mind that anytime you request an increase the VA can(and usually does) look at the whole claims file and could reduce your benefit(s). If you are comfortable w/your claim, then I would ask for P&T, now, and not worry about it. You can request the earlier date of 2007, w/the SSD award, as evidence, but it may not bring any additional money and again opens your claim to "prying eyes." Sometimes you're better off just letting things go. Myself, I chase everything, kinda like a dog chasing cars. They are your decisions. jmo pr

Good post, CC!!! pr

Could be a neuropathy thing but is probably related to your SC neck. jmo pr

They could, depending on what the diagnosis is. When the VA finds other disabilities, during a C&P exam, they are required to rate them. Generally, since you didn't claim them they rate them, for what they are, and rate them as NSC. Once rated, as NSC, it's generally difficult to service conect them but it can be done. jmo pr

Okay, Dan, I checked and see it was AWOL, twice. If you have PTSD and you went AWOL, I don't see much of a problem, getting the VA to accept you. I see Wings had spelled it out for you pretty completely back then (2006-07). Best I can offer is to have you keep plugging away and maybe get an attorney. I'd also file for a waiver of copay(s), due to hardship. Your children should apply for Chap 35 bennies, now, even tho they'll be denied. It should make it easier when you do win. When were your dates of service?? jmo pr

Jim - yes, you can reschedule it but having waited 2 yrs, I would try to make it, if at all possible. If you can't make it you can't make it but it could take a long time before a rescheduled hearing appointment to be made. jmo pr

Okay, Dan, I'll check and see if I can find the reason(s), here. Thanks! pr

Dan - I, now, see your claim has been in 6yrs. Can I find out what the OTH is for?? You may want the VA to do a "character of discharge determination," if they haven't already. Just because you have an OTH doesn't mean you can't/won't get benefits. pr

Glad to hear it. Be sure to file a claim for PTSD, if you haven't already. pr

CaravanDan - sorry I missed this post when you posted it. The thing to remember is that anything the VA "tells" you could be a lie or just an error. It's easier just to make up something then to look it up, so I suggest, altho it's harder on you, that all claims or questions be written and that they make their answers "written." The saying goes "if it can't be read, it wasn't said!" You should get clothing allowance if it's for a SC condition. Same goes for the wheel chair ramp. As for the copays, on meds, for SC conditions - if you paid any, you should file a written claim for a refund. You might have problems if you have insurance coverage, tho. They can recover costs but, I believe, aren't supposed to recover for SC conditions. pr

Teac - maybe the TDIU issue needs to go to the Court, just like the 1114(s) 100+60 SMC award issue!!! To the best of my knowledge, I read some yrs back that once a claimant is 100%, the issue of TDIU is no longer an issue because they pay the same and there would no additional benefit w/TDIU. I don't recall whether it was a court decision or a BVA decision. It kinda made sense, at that time, but this was definitely before Peake. The problem that I found was that, in some states, TDIU brings more benefits, to the TDIU vets. pr

I have the Phonak BTE model, with a unit that works for my TV and a cellphone. I also got that "cheap dryer" but have never used it. I'll be checking on the elec dryer, also. I love these hearing aids, when I wear them. pr

Thanks, for everything!!!!! pr

Anyone know if Ken Carpenter, Topeka, KS, is still practicing VA law?? I just read "Buie" and feel he may be the one that would/should take my appeal to the CAVC. Thanks! pr

I believe anyone can get a copy of anyone's military records, under the FOIA but they will be somewhat redacted. pr

Teac - I'll try to comment over the weekend, when I have more time. pr

I agree, at least at my age. I helped someone here and certainly understand her wanting to say "F it," I've had enough! Although I feel she could win "$100k" or much, much more, retro, the VA takes it's toll and this is what they count on. If I were offered a settlement, I'd probably settle. Other than that we go to court!!!!!!!!!!! jmo Thanks for your help!!! pr

Berta - I was disappointed in her response. She stated "they don't" involve themselves in SMC claims but stated they do in HB claims. Anyway, I wasn't able to contact them, due to me being busy w/my "tornado bunker" build but will tomorrow. I plan to fax my decision, w/my appeal statement, tomorrow. I plan to go to the court but given my age and health could consider an offer to settle. Much as I'd like to, I need to think of me and mine! jmo pr

What office in Washington??? This could be good. jmo pr