SheilaLundlee

Thank you!

I know everyone says SMC is confusing and I am joining that crowd. Here's my question: 1. I am IU for a single disability; in addition, I am 2. Cystocele/Rectocele - 50% Depression - 50% Do my two other disabilities qualify me for 100% + 60% = SMC (s)? I've seen the question elsewhere but couldn't determine the answer.... Thanks, Sheila

I know everyone says SMC is confusing and I am joining that crowd. Here's my question: 1. I am IU for a single disability; in addition, I am 2. Cystocele/Rectocele - 50% Depression - 50% Do my two other disabilities qualify me for 100% + 60% = SMC (s)? I've seen the question elsewhere but couldn't determine the answer.... Thanks, Sheila

Woo Hoo! I received my letter today (Nov 4) from the Department of Education granting my discharge. I've been making payments to them for the last 18 months so a refund check will be here shortly. I also have loans with Nelnet and Sallie Mae. I submitted my TPD paperwork to them a little over 3 weeks ago. I verified today that they had both received the paperwork - they did. The process is a longer with the other loan holders. For instance, Sallie Mae took the paperwork I sent; made a preliminary evaluation and then forwarded it to the loan guarantor (California Student Aid). The guarantor then sends it to the Dept of Ed. When the DOE gets it, they verify that I'm entitled to the discharge and directs the guarantor to discharge the loans. I figure that could take a couple of months - especially with the holidays coming... Holler if you need any more info! Sheila Lundlee

Did you check the BVA decision database? Not all offices are as efficient as others. Input your docket number and see what comes up.... Also, do you have a VSR? I've gotten the verbal info from a VSR (in the past) in advance of getting my notification letter. Hang in there...

I can understand the frustration... Have you pulled up all of the BVA and court decisions on CUE? I'm not an expert, but I know that YOU need to understand the caselaw and reasoning so that you can make sure your facts qualify for a CUE claim. You should have also pulled up any decisions that speak to your specific issue; particularly any decisions that came on appeal. For the best success, use a variety of search terms and when you read decisions, pick out the case references sited in the verbage. Good luck with the hearing, sheila

1. Did you appeal the Sept 99 decision? 2. Do you have an active appeal on any issue? 3. Are you relying on CUE because you don't have an active appeal?

I know you are frustrated - you would have to be catatonic not to be. However, I would remind you of some relevant information. 1. Expecting an explanation for any of their failures is unlikely to happen; is pointless to your appeal; and only increases your aggravation. 2. Realize that you are in this for the long haul. Keep your goal in mind: get the compensation that you are entitled to. 3. If you gather everything you can (IMOs, SMRs, BVA and court decisions etc.) that supports your position, your stuff will eventually get before someone who will understand it and have the power to fix it. 4. Take care of yourself - mentally and physically. This is a war of attrition. Make sure you are still standing at the end of it... Good luck at the hearing, sheila

In the decision letter, they should have listed the evidence that they used in reaching their decision. Make sure you compare what they list with the evidence you are holding. You can also do a line by line analysis of their reasons to make sure that they address the evidence that is listed. This is particularly important if various doctors issue competing/opposing opinions. sheila

UPDATE: I sent my discharge application to the Department of Education (one of my loan holders) about 2 weeks ago. I received a response yesterday: Dear Ms. Lundlee, We have received and are in the process of reviewing your application for discharge due to total and permanent disability. Since you did not have a physician complete Section 4 of the discharge application and you attached a Rating Decision or letter from the U.S. Department of Veterans Affairs (VA) verifying your disability rating, we are evaluating whether the documentation you provided shows that the VA has determined that you are 100% disabled due to one or more service-connected disability conditions or that you are individually unemployable. If you qualify for this discharge, you will receive immediate' discharge and will not be subject to the three-year conditional discharge period required by the standard discharge process. You will be notified of our decision by mail. The U.S. Department of Education's customer care centers are listed below. For questions about the status of your application, contact each customer care center that handles your loan(s). William D. Ford Direct Loan Program (Direct Loans) 1-800-848-0979 or (TDD) 1-800-848-0983 Federal Family Education Loan Program (FFEL Loans) 1-800-508-1378 or (FAX) 866-938-4751 Federal Perkins Loan Program (Perkins Loans) 1-866-324-1214 or (FAX) 315-324-1214 All defaulted loans 1-800-621-3115 TEACH Grant* service obligations 1-800-848-0979 or (TDD) 1-800-848-0983 Conditional Disability Discharge 1-888-636-6401 or (TDD) 1-888-636-6401

Lorraine... Thanks for what you have posted here. I have to admit that I am so thrown by what has happened to Airdale that I find it difficult to express. I notice that there have been a lot of views of this forum, but you and I are the only folks who have posted a reply. I am trying to figure out how to provide concrete help for Airdale, so I am concentrating on where he is in the process and the timeline associated with it. I'm sure that folks want to be of some help, but I think his story is so devastating that it is difficult to focus on anything but the emotional impact. Hopefully Airdale will answer the questions I listed above and give folks some hard data to sink their teeth into. I, too, find his story wrenching... sheila

1. What is the date of your denial letter? 2. Were there multiple issues in the denial? 3. Have you filed the NOD? 4. Do you have a service rep?

What and when was the last decision the VA gave you?

Oops! 100% vets are also eligible for this new process, but only if the disability (ies) is service-connected. Only service-connected disabilities can be used to grant TDIU, but 100% ratings can include both service- and non-service-connected disabilities.

Hi all! I have been trying to get my student loans discharged since 2005 when I was granted TDIU - they always have a problem with the doctor statements.... Recently, I discovered that there has been a change in the law. If a vet is granted TDIU, he/she no longer has to have a doctor statement to file for a Total Permanent Disability discharge of student loans. Also, there is no 3-year conditional discharge waiting period for these vets. The updated form was just issued in August 2010. Here are some relevant links: http://www.ifap.ed.gov/dpcletters/GEN0907.html (notice the date of the letter; but the new form JUST came out) http://www.studentloanborrowerassistance.org/loan-cancellation/disability-and-death/ I've already sent mine off and I will keep this forum posted on the progress. I was given to understand that the process could be reasonably quick - 3 to 5 months. sheila:rolleyes: