ptsd Jimmer

[Jimmer]

Hi Guys, I am hoping you can give me answer to my IU claim.  I recently was award 50% for PTSD, along with 60% for my eyes (particularly my left eye) and was bumped to 80%.  I was sent the forms to apply for IU.  I went to my eye doctor (who is board certified) and asked him to fill out another  "nexus "letter.  He is very familiar with the VA procedures, having worked at a navel hospital in the west.  He was surprised and said "aren't you IU already".  I told him no, that the V.A. had rated me 60%  for my eyes he nearly fell on the floor. He said "this is wrong, you should be at least 80%, they really screwed up".  So he write me two letters,  to include in the package for IU.  That was December 11, 2015.  I received the BBE January 9, 2016, stating they rating me to 100%.  They also said the following (and I quote)  "A clear and mistakable error (CUE) is found in the evaluation of bilateral macular degeneration and bilateral pseudophakia, rated as residuals of left eye injury, and a increase of 80% is established December 12, 2014."  A VSO person told me in 17 years he never seen where the VA openly admitted to a CUE.  He said I should "frame the letter".   Will I receive retro pay from the date as specified.  The first page says $2,906.83 ( I have no dependents) states as of Jan. 1, 2015.    Thanks for your input, and all your help.  I speak for others, we would be lost without your guidance and input  

[Berta]

The VA does admit to CUE sometimes,on their own,  but that sure does not happen often.

More often than not we claimants have to claim CUE to get them to straighten out legal errors.

Did VA also award you P & T status?

This shows how important it can be to have a real doctor, fully experienced in dealing with the claimed disability, to prepare an IMO.

[Jimmer]

Hi Berta, Thanks for the reply.  The sent me in the package form 21-8760, "Additional Information for Veterans with Service Connected Permanent and Total Disability", which explains certain factors concerning my disability.  They sent me a form for CHAMPVA, and the form 1172-2, to apply for Commissary and Exchange privileges.  I don't see T & P, they keep referring to IU.

[Guest]

1 hour ago, Jimmer said:

I received the BBE January 9, 2016, stating they rating me to 100%.  They also said the following (and I quote)  "A clear and mistakable error (CUE) is found in the evaluation of bilateral macular degeneration and bilateral pseudophakia, rated as residuals of left eye injury, and a increase of 80% is established December 12, 2014."

Ok, for me this is still a little confusing.  Are you rated 100% schedular or are you rated 80% TDIU which would pay you the 100% rate of $2906.83?  One thing for sure with VA form 21-8760 you are rated as P & T "Additional Information for Veterans with Service connected Permanent and Total Disability".

[broncovet]

Congratulations, for the 4 leaf clover.  

[Jimmer]

• broncovet, Thanks for the reply .  My paper work it says  "your overall rating  is 80% effective December 12, 2014,  and the became 90% effective,  April 25, 2015, and we are paying you as the 100 % rate with IU from December 24, 2014".  I do have three other claims which I am working on .    I should receive retro pay as well,  correct ? Thanks, Jimmer

[Guest]

2 minutes ago, Jimmer said:

• broncovet, Thanks for the reply .  My paper work it says  "your overall rating  is 80% effective December 12, 2014,  and the became 90% effective,  April 25, 2015, and we are paying you as the 100 % rate with IU from December 24, 2014".  I do have three other claims which I am working on .    I should receive retro pay as well,  correct ? Thanks, Jimmer

Yes, your retro should go back to the effective date of December 2014.