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    • I agree with Broncovet.  I'd do an FOIA for the C&P examiner's curriculum vitae, and while you're waiting do an online search for his/her credentials and print/PDF what you can find. You could do your NOD or Form 9 Appeal, depending on what stage you are in, and while you are waiting, get an IME/IMO done as quickly as possible. That should hopefully trigger the VA to look at your case all over again with the new and material evidence.  Include your online search information, until you get your FOIA fulfilled.  They'll probably schedule your for another C&P. I could be wrong, but the VA can't forward on to the BVA until all other associated claims and FOIA requests are adjudicated or resolved. Also do a FOIA for your C-File.  You never know that they missed, or what records that are in there that are not your own. (On my 3rd C-File request, the VA "discovered" and included several CBC, Monospot and other tests that they previously said did not exist and were not present earlier....so you never know.) Last, document everything.  I like to scan everything in PDF to a folder in Dropbox.  That way I can access it anywhere in case I need to read or access something.  It's also easier than hauling around a crate of letters and medical documents. Good luck! Mark  
    • I'm trying to find out if my spouse or I would be eligible for spousal benefits if either of us passed.  We are both 100% permanent and totally disabled vets.  We're planning for our future, which includes purchasing a new home.  We don't want to purchase something that either of us would not be able to maintain in case of death of either of us. Thank you in advance for your help.
    • @ JBasser:   I HAVE contacted John Dorle, who is working with Dr. Bash on veterans claims. I have completely explained my concerns in depth to John Dorle. He said he'd contact Dr. Bash. No results. Nada. I finally got an answer from a firm in California that is collaborating with Veterans Medical Advisor. Said they would check Dr. Bash's schedule for me. They scheduled a date and a time for Dr. Bash to call me. I waited all day for the phone call that NEVER CAME. I called the firm and spoke to the person that scheduled the telephone conference and complained. All I ever received was excuses from this firm and acting surprised that I didn't get a call. Nothing more. I believe there's more to this story than we are being told.    
    • So yes now my TBI and PTSD are service connected they are just low balled and combined as one.
    • If the patient advocate don't do you no good than I would go to the Director office and file a complaint and they will get you an answer or maybe ask for another Doctor.





gloworm

Tdiu Rating -

8 posts in this topic

CURENTLY RATED 70%, 30%, 30%,30%,10% - MILITARY SERVICE

100% - 1151

SENT CLAIM FOR IU FOR MILITARY SERVICE CONNECTION - THEY STATED: ENTITLEMENT TO INDIVIDUAL UNEMPLOYABILITY (IU) IS MOOT GIVEN A SCHEDULAR 100%.

I HAVE RESENT CLAIM IN FOR MILITARY SERVICE CONNECTION FOR IU DECISION ON MILITARY SERVICE - BASED UPON 70-30-30-30-10 RATINGS. I HAVE BEEN ON SSDI FOR 5 YEARS. I HAVE INCLUDED IMO. C&P EXAMINER STATED THAT I WAS ABLE TO DO A SEDENTARY TYPE JOB???? I HAVE BEEN UNEMPLOYED FOR 9 YEARS.

NEED ADVICE ON HOW TO WIN IU BASED ON MILITARY SERVICE CONNECTION????

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You posted:

“SENT CLAIM FOR IU FOR MILITARY SERVICE CONNECTION - THEY STATED: ENTITLEMENT TO INDIVIDUAL UNEMPLOYABILITY (IU) IS MOOT GIVEN A SCHEDULAR 100%. “

Do you mean an extraschedular 100% rating?

But you also stated:

“100% - 1151”

I would agree with the first statement , that TDIU is a moot issue when 100% rating has been awarded.

However, if you have a 100% Section 1151 award, for an additional disability, that is NOT a moot issue.

I won a Section 1151 claim in Jan 2012, and the VA correctly awarded the 1151 comp separately from the SC IHD AO comp, regarding my deceased husband's issues.

Part of his past award was 100% SC P & T for PTSD.

They had to pay 100% additional for 6 months under 1151 and then residuals under SMC for a 1151 stroke he had.

Section 1151 comp cannot be offset from direct SC comp.

I can dig out the regs for that but maybe I am misunderstanding this.

Can you clarify your post?

Did you FTCA them as well? Is the 1151 100% is being recouped as a FTCA offset?

They can legally offset any FTCA settlement unless the 1151 also is (or becomes) direct SC.

Is the 1151 100% ,in fact, for the same SC 100% disability?

If so there should be no offset but you might have to fight them over that ,as I did,regarding another AO claim,

with established VA case law.

We need more clarification on these issues.

Edited by Berta

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CURENTLY RATED 70%, 30%, 30%,30%,10% - MILITARY SERVICE

100% - 1151

SENT CLAIM FOR IU FOR MILITARY SERVICE CONNECTION - THEY STATED: ENTITLEMENT TO INDIVIDUAL UNEMPLOYABILITY (IU) IS MOOT GIVEN A SCHEDULAR 100%.

I HAVE RESENT CLAIM IN FOR MILITARY SERVICE CONNECTION FOR IU DECISION ON MILITARY SERVICE - BASED UPON 70-30-30-30-10 RATINGS. I HAVE BEEN ON SSDI FOR 5 YEARS. I HAVE INCLUDED IMO. C&P EXAMINER STATED THAT I WAS ABLE TO DO A SEDENTARY TYPE JOB???? I HAVE BEEN UNEMPLOYED FOR 9 YEARS.

NEED ADVICE ON HOW TO WIN IU BASED ON MILITARY SERVICE CONNECTION????

You are already rated and compensated with an evaluation of 100

percent scheduler.

They are not going to rehash this and change your status to IU as that would be

redundant, moot, no longer an issue for discussion or debate.

Question: Why in the world do you want them to rate you as IU ?

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If he got the 70% rated TDIU then added the other %'s he could get homebound 100+60?

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Yes=that is a good point Mekon----TDIU plus 60% (not combined) for one additional separate disability-

or, as he stated, 100% under 1151 plus 60 % SC for independent disability would also warrant SMC S and vice versa-

as in the award I got in January---

Gloworm made a few posts here in the past as to FTCA/1151 issues so I hope he will clarify for us his actual rating under both SC and the 1151 claim.

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Okay I think I understand now. He wrote "CURRENTLY RATED 70%, 30%, 30%,30%,10% - MILITARY SERVICE" which is = 90.739% Or did he mean 70% overall with 30%, 30%,30%,10%?

He also has a 1151 at 100%...

So if Section 1151 claims are against any veteran hospital, physician, nurse or general health care provider who has committed medical malpractice. If the VA concludes that under Section 1151 that medical negligence occurred, the affected service member receives compensation. If the service member dies during medical treatment, the veteran’s children, spouse, other family members or estate receives the benefits.

These are two different types of claims and are not related, correct? If so then I don't see how this claim would be "moot". I understand about being 100% based on the scheduler and 100% based on IU, you can't have both. Just read that in the letter I posted...

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