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Philip Rogers

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Everything posted by Philip Rogers

  1. I had one claim go there and he won. He had the max allowed (50%) for a skin condition. They raised him to 60% + 10% for scarring and gave him TDIU. They gave him 3 yrs retro but shorted him the other 11 yrs. At that time he chose not to pursue it. Just over a yr later he was broke and wanted me the help him again. I chose not to, as I was moving from the area. pr
  2. My feeling is and has always been that, if you are qualified, you should pursue it. The VA can mess w/you at anytime, for any reason, and can be defeated when they try. These benefits were paid for w/our health. For yrs national organization VSO's have told claimants to be happy w/what they have and not pursue more, as they could be opening a can of worms. If your claim is valid, you should pursue it!!! Not applying is a win for the VA. jmo pr
  3. reddog - First off, at 80% SC, you receive too much money for SSI, which is like welfare. You need to apply for both Social Security Disability Insurance(SSDI), with your disability onset date being the day after the last day you worked, 12 yrs ago. You should also apply for Social Security Retirement(SSR) at age 62yo. You should receive SSR quickly and your claim for SSDI will be processed. If you win SSDI, they will recover what they've paid in SSR and pay you the full rate for SSDI. jmo pr
  4. At my White River Jct, VT, medical center they've been using the post office zip code. Many vets live beyond the Post Office and therefore lose money. I don't know if those closer to the VA, than from the PO, get actual mileage. Just another way to screw the vet. pr
  5. Chuck - that's true. They screw the veteran, everytime!!! Their excuse is "it's up to each medical center to make their own policy." pr
  6. SSGmajik - you can send them a statement waiving further developement and requesting that they go ahead and rate on the current evidence of record. If you're "absolutely positive" they have all the necessary evidence, this would be a good move. However, if they don't have all the evidence, you could be shooting yourself in the foot. jmo pr
  7. JOHN1 - I'd use the "statement in support of claim" form which I believe is form 21-4138, as it's a sworn statement and carries more weight. I'm not sure if you can apply on-line but most probably. I'd also send it USPS certified, return receipt requested. pr
  8. JOHN1 - I would request P&T, as soon as possible. Actually once the claimant is 55yo or over they should be rated P&T (ie: no future exams). Applying for TDIU is an application for increase and therefore the VA will probably do a re-examination, as they like to have something to fall back on, that supports their decision, either way. Yes, they could reduce, however it's highly unlikely they would do it and it's usually an easy win to stop the reduction. If it's been more than one yr, since your 100% award, you could also CUE that decision, stating that they failed to award you P&T, as required by VA policy. That could bring you a retro active award of P&T and ChampVA(if you have some medical bills either paid for or still owed, for that previous two yrs). Also, did they consider A&A or Housebound(HB) in that decision?? If not they should have and I would pursue that, if you feel that it's appropriate. Just a few thoughts. As to your medications, you are not required to take any and whether you do or not should not have any affect/effect on your claim. I've taken meds for my 100% PTSD three times, for about three months, in the 22+yrs I've had my 100% award. jmo pr
  9. Yes but not necessarily. I would apply and let the VA decide. Once the VA receives the claim, they will respond w/a VCAA letter that will advise you of what evidence you need. One does not necessarily need to preclude daily activities but should impair some of them. At some point they may have to decide how much your SC disabilities, impact your NSC disabilities. jmo pr
  10. I can see the VA picking up on your WC claim and denying TDIU. I'd use some of the money to pay for an IMO, that's favorable to your SC injuries/illness', to help point the VA in the correct direction. jmo pr
  11. Personally, I'd wait for the outcome. The decision is made by a rater, not the doctor, so you could still win. Should you need to counter the doctors statements, you could use sworn affidavits from fellow coworkers and your employer, as evidence. jmo pr
  12. Okay, I'll try to clarify some things. The difference between SSDI and SS retirement at age 62 is about 29% higher, not a dollar amount. The rate you get at 62, for SSDI, is the same rate as if you waited until 65 or 66(now) to retire. Some people get $2k SSDI and some get $800, depending on how much you earned and paid in over your lifetime. I believe they use the most current 10 yrs and take the highest 5 yrs to establish your rate. You can apply for SSDI even if you are already collecting SS retirement. As Chuck stated they will pay the difference, if awarded SSDI. SSDI has a 5 month waiting period, where they don't pay anything. Those five months will be deducted from your established eligibility date of disability. It is extremely important that you use the day after the last day you worked as your date of disability onset, when applying for SSDI, especially if you haven't worked in a couple of yrs or longer, because SSDI may deny you based on lack of current "qualifying" quarters. Anyone needing to see their SS file can request an in-person viewing, with their local SS office. They will set it up and generally don't charge for the copying "you" do. They will set you up w/a desk, where they can keep you in view to make sure you don't add/delete/alter evidence. You cannot receive Medicare until you've been on SSDI for 2 yrs, or until you turn 65yo(66yo now), whichever comes first. pr
  13. I would think so, John. I believe medical retirees get the same benefits as regular retirees, which includes military flights. May be worth going after? pr
  14. Thanks all!! She recently had some dental work done and they paid the dentist for it, w/the balance being picked up by medicaid. So she's going to submit the receipts for some I had paid for and see if she can get me reimbursed. We'll see what happens but I'm not counting on it, that's for sure. pr
  15. I wouldn't expect much to get done from the week before Christmas to mid January, as, I believe, many of the long term VA employees take vacation, then, w/their families. Sorry! jmo pr
  16. Absolutely. 55yo is the age when they start easing the requirements. Apply now! pr
  17. That's nice cuz now, I believe, you should be eligible for tri-care, for both you and family, and use of standby flights. You may want to check. pr
  18. Good on you, for both winning your claim and for helping your buddies win, what you all earned and were promised, long ago. pr
  19. Yes it can be s/c. I helped a claimant, here, get TDIU due to it, a couple of yrs back, so it can be done. pr
  20. Does anyone know if ChampVA pays for dental? My ex is seeking reimbursement for some dental I pd for, for me. I don't think so but . . . pr
  21. I'd think twice about taking a cruise. A friend went and when he mentioned to someone he wasn't feeling well they isolated him in his cabin. He couldn't leave until the cruise was over. pr
  22. After the decision it can take days to months to receive the notice. The 1-800 number usually won't say if you've won or lost but will usually tell you the current monthly amount you are being paid. pr
  23. I don't know what MRDD services are?? Probably some state's rehabilitative disability determination services. I don't see why you wouldn't be eligible, tho. There may be some kind off offset but you should still be eligible. SSDI is basically disability insurance that "we pay for" and therefore when we qualify should be eligible. If there is an offset we should have our premiums refunded but we'll never see that happen. jmo pr
  24. Based on either, I would say, you were/are eligible. Do you have a copy of their denial? pr
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