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Everything posted by hurryupnwait

  1. Well, my attorney is Ken Carpenter. He is a very well respected lawyer but very expensive.
  2. So, if the EAJA fees do not cover the full 30% attorney fees, then the balance would be due to the attorney and paid by me from the award. Is this correct?
  3. Is a 30% contingency fee excessive to take a claim to the CAVC. I understand that EAJA may pay all or the major portion of the fee. Even if the court affirms the previous Board decision the attorney gets EAJA fees. Is this correct?
  4. Well, the university decided to reopen with all classroom classes moved to online classes and if a class can not be taught online then it will be dropped. They also have waived the additional online fee. We had already registered for all online classes and now they are telling us that we must pay the fee. I guess what we could do is sign up for classroom classes that are free of fees and drop the online classes. But now, we were thinking that these new classes that were changed from classroom to online might be a poor idea because they could have a lot of problems. I wrote an email to the Vice President of Student Services and basically said that all students should be exempt from online fees. I did notice that many classes are only taught online that is why the university is saying that we need to pay. The term was shortened to 10 weeks, instead of 11. My wife and son are receiving chapter 35 benefits and we are not sure how the VA is going to handle all these changes.
  5. If the VA does pay for what was certified for the term that would be great. Now, we have to ask the university if they plan on granting credits for the term. Would not be a good situation to have the VA grant the payments, deduct that from the 45 months of benefits and have the university not count the credits towards graduation. This is for dependents Chapter 35 benefits.
  6. If a university closes due to coronavirus in mid term and a student is getting Chapter 35 payments, will the VA stop paying them their education benefits? We have a national emergency and many rules change when that happens. Does anyone know what the VA plans to do?
  7. Wow I did not know about this!!! https://www.disabledveterans.org/2019/12/09/is-720000-payout-to-korea-war-veteran-widow-enough-after-50-years/?inf_contact_key=19e3f6714f4d7878a75d4bf05856a6bd680f8914173f9191b1c0223e68310bb1 Any comments
  8. Well, I am completely convinced that more retro = longer wait time. I have two issues on appeal and one issue goes back to 1973. I do believe that when the RO staff sees that date they scratch their ass and bury the file. It has taken 8 years to finally get the claim certified to the BVA Yeaaa. I have been told that 7 - 8 years is the new norm to get a claim certified to BVA. I believe that those claims prolly have a retro amount that scares the giibbberrs out of RO people so it gets dusty and when people see a dusty file they think something is wrong with it, like a house that sits on the market too long. Even tho my attorney is Mr. Ken Carpenter, the claim has been lingering and collecting dust at the RO. I am also convinced that having an attorney does not speed up a claim. Having an attorney does help with having your i 's dotted and your t 's crossed. Regards
  9. I was wondering how the BVA would handle a form 9 that was filed on Jan 3, 2012. It sat waiting to be certified to the board for almost 8 years. Would they feel an urgency to move on it because of the date?
  10. Can anyone tell me what date (docket number) the BVA are presently working on? I have not been able to log in to Ebenefits for weeks. When it does work the info it provides is highly suspect.
  11. So, in other words, the BVA does not directly order a c and p exam to help make a decision. If the BVA wants a c and p exam they do it by making a remand decision and send it to the RO to schedule the exam. I would consider a remand a decision.
  12. What agencies of the VA order a C and P exam. Does the BVA ever order one before rendering a decision?
  13. Does a text message constitute a notification by the VA for a c and p exam. I m going out of the country for 5 months and would like to park my cell phone number with Number Barn and they only offer text messaging while parked, Will the VA also mail an exam notification to my attorney? There is a small chance that I will be notified for an exam but I would like to plan for it if it does happen. I remember once years ago, the VA called me for a c and p exam which was in three days. Short timeframe and no written notice. Any ideas or comments
  14. Ebenefits is a crap shoot, some times it's there and some times it's permanently locked in cyberspace. Is there another way to check my BVA docket number and what date they are presently working on?
  15. This is an interesting read about health care costs. After reading thru my bills for a minor surgery my wife had, I noticed that this Dr. was right on about the charges. My wife has ChampVA which is a little different than Medicare. I called Blue Cross and dropped my Medicare supplementsl insurance. https://truecostofhealthcare.org
  16. Anyone hear or have had Prolo therapy treatment for severe back pain?
  17. I m thinking about asking my VA primary care provider(NP) to taper me off of hydrocodone. It has become such a hassle to get it refilled and get it delivered. So many times I have missed the UPS delivery because I could not get to the door on time before he drove away. Every so often I have to go into the clinic for a urinalysis for drug screening before the nurse will refill it. I ve been taking this medication for about 15 years for pain. It reduces the pain level about 30%, enough for me to function. If I go off of it, the alternative I plan to use reduces the pain about 20%, so my daily functionality will be reduced. I have to weigh the two approaches. What are the health effects of long term opiod use besides possible addiction? Any suggestions or ideas
  18. I m thinking of traveling to Costa Rica for 3 months so my wife can see her family. The biggest issue is meds. 1. Should I request a 3 month supply from my PC NP? I m not sure if they can do this? 2. Should I use the Foreign Medical Program, see a doctor in Costa Rica to get my meds filled there and then send in the paperwork for reimbursement, all my meds are for service connected issues? 3. Same as previous but forget about the FMP reimbursement and pay for them myself. I like the less hassle road Any ideas or suggestions, Thanks,
  19. Is the current Caregiver Program only for vets living in the USA?
  20. Can some one point me in the right direction? I m looking for 38 CFR 5.125(d) and 38 CFR 3.156(a) Regards
  21. I will be asking my attorney to file a "writ of mandamus" next week. I also plan to call the Washington hotline which I have never heard of. To anyone considering using an attorney. It is my opinion that contracting with an attorney will not speed up your claim. Attorneys are good for making sure your i's are dotted and your t's are crossed. The VARO does not seem to treat them any differently than the claimant. That may be because they do not even read the C file. It seems to me that only the Board reads the attorney's letters and the c file. Many thanks for the replies and suggestions Regards
  22. It seems that both the VA and my attorney, Ken Carpenter, have forgotten about my claim/case. I have been in the appeal process for 10 years and 4 months and have made very little headway. In my last conversation with my attorney 's assistant it was discussed that it may be time for a Writ of Mandamus but that was in May and I have heard nothing. I think Ken Carpenter's office is overwhelmed with recent claims he has accepted even tho I think he is in his 70's. I ve been his client for about 12 years now but I have seen alot of inactivity in recent years on my case. . We have been waiting for years for the Regional Office to certify my claim and send it to the board. This forum is the best place to vent frustration Any ideas or suggestions
  23. I have been TDIU for over 10 years now and have been on hydrocodone for more than 15 years. The VA has been making it very hard to renew my hydrocodone prescription. I ve been considering dropping the hydrocodone and use some form medical cannabis. The Federal government views this as illegal and the VA has to abide. If I am given a urinalysis by the VA and it detects cannabis then there is the potential for legal problems for me. This is an absurd Catch 22 for many Vets. Another issue, is if I stop using hydrocodone and no pain medication shows up in my medical records will the VA see that as a basis for a possible reduction in disability compensation. This is Catch 22 number 2. I do not worry about this very much because I am very much unemployable and my service connected disabilities have far worsened since getting TDIU but other vets may want to be aware of how the VA views the use of pain meds. "No pain meds on records then there is no pain" Any Ideas or comments
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