Speaking Out

UPDATE: We initiated a special review of your file on September 16, 2015. It has been determined that our decision was in error and entitlement to individual unemployability will not be terminated; therefore, your eligibility to dependence educational assistance will also continue. A clear and unmistakable error is found in the evaluation of migraine headaches and an increased evaluation of 30% is established from April 12th, 2011. Your compensation payment will continue unchanged. Thank you everyone for your advice and well wishes!

RUREADY, I am NOT into name calling. I don't know why you continue to post as your previous post even notes that I do not volunteer at the facility that I get my care at. I do my volunteer work from home. Please read about the topics before you attempt to post on them. If you don't have knowledge of the topic, just be encouraging or be silent.

Thank you, Buck. RUREADY... You know NOTHING about my volunteer work that I do from my home, not an office. You are completely wrong in your assumptions and I hope no veteran listens to what you think should be their quality of life.

I can't just stay in my house and wait to die. The VA doesn't expect us to do that. We are allowed to live. I choose to use my powers of PTSD for good and when I help another veteran, it helps me.

The DAV is my POA. I am waiting to get a call back. I do not get SSDI. I was not working at the time I applied for the IU in 2011 and hadn't worked since 2005. I have never received an employment questionnaire since the original one I did at the time they scheduled my IU C&P. Here is what happened... I am a volunteer veteran advocate. In 2012, I was contacted by our local television station about a story on the backlog of claims and was interviewed as part of the story and that aired on a Monday evening. On Tuesday morning my DAV representative called me and said the VA regional office had contacted him and said that if I could fax them a copy of my most recent surgical report that they were ready to rate my claim that day. I got the surgical report and faxed it to my DAV representative who took it to the VA regional office and three days later my claim was adjudicated. They granted me the increase in my service connected disability pay for PTSD, endometriosis, temporary 100% convalescent due to surgery, special monthly compensation for the loss of the uterus. They deferred the decision for individual unemployability because an individual unemployability compensation and pension exam was not performed.That is when I filled out the employment history paperwork and sent it to the VA. Because I haven't worked since 2005 there were no employer's listed on my form but I attached a sheet that listed in 2005 I worked for a few months 10 hours a week in a child care room of a local fitness center I gave the name of the fitness center as it was out of business in 2012 and then I listed my employer from 1999 through 2000 and for that I worked for part time and I gave their address and my supervisor's name and telephone number. Two weeks later my compensation and pension exam for IU was scheduled. I completed that exam and 4 weeks later the money for the individual unemployability claim hit my checking account before I got the notification from the VA that it was approved. If they did a review and the paperwork was not in my file, why would they automatically propose cutting benefits rather than ask for the paperwork because there would have been no way this claim would have been approved if that paperwork wasn't with the claim at the time. Also, could this special review be a way the VA is trying to cut the rolls of veterans receiving IU. Or is it possible that I was targeted because of my veteran advocacy work?

The only proof I have is that the examiner had the information when they gave me my C&P exam for the IU because we talked about my work history and how my SC disabilities affected me.

I can't scan and attach, but this is what it says: A special review of your file was mandated on August 18th 2015. Based on the review and evidence we made the following decision. A clear and unmistakable error is held to exist, therefore it is proposed to terminate entitlement to individual unemployability and chapter 35 benefits. This was what was listed as evidence. In regards to decision rating dated October 2012 we have granted entitlement to individual unemployability and chapter 35 benefits in error. You did not response to the letter and did not submit evidence of your employment history and what disabilities cause your unemploybility. The VA examinations do not show any evidence that you are precluded from employment. I sent them that form completed before my C&P exam for IU and they had it three years ago when they gave me my rating and when they conducted my IU C&P exam.

My specific question was. . Why would an IU rated P/T get pulled for a special review?

Congrats are NOT in order. The VA is proposing CUTTING my benefits.

VA says they made a clear and unmistakable error in awarding me individual unemployability in 2012. My combined rating is 70% and my award letter from 2012 rated me permanent and total. I received a letter that my claim fell under a special review and the CUE was discovered. The letter doesn't say what the CUE is. I met the criteria when I applied and also got SMC K. Why would an IU rated P/T get pulled for a special review?

Is it okay that the settlement paperwork for a tort claim is in my C-File?

Hello all! I have been gone for over a year now, but have checked in from time to time. T-Bird, I hope you are feeling better. You should ask for a meeting with the head of Fee Basis and the head of the patient advocates office and make them give you their game plan on getting this fixed for you. You shouldn't have to endure this stress of the VA not doing what they are supposed to do and it affecting your credit score. You can request a letter from the VA at that meeting that you can send to the 3 big credit rating agencies. I had to do this. I am actually having my meeting about the big screw up today. I hope this helps.

VAf, What ever came of this?

Great News!

I agree with all the advice here. He should definately take his mother and she should be prepared to take notes. There is no reason for him to get a letter like that and it sets the tone that the VA is planning to do something under handed.