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    • My opinion Any new evidence will help you with a NOD. Mine was just a Voc Expert who testifies in VA, SSDI and Railroad Benefits Courts. And even though it sounds silly and anti-progress, i think at this point in time with the games the VA is playing with fast rejections and lowballs have FILLED the frikin Appeals Dockets, we should maybe hold back just ONE bit of evidence, maybe because we kind of already know lowballing is SoP for the bastiches, just have that one bit of evidence ready for your NOD. Once again, just a opinion, and a path i'm taking on my next claim.
    • I thought the same. To be honest I get strong anxiety disgust when I go to the va. Lost trust with the providers there. So part a is free correct? Even if I only have 8 years of solid work and on and off.  As far as part b they are saying that I can lower my rate by signing a earlier effective date my alleged onset date. Which would be a difference of 104.90 starting date June 2011 in which I have to pay an additional 6,517.30. I currently have no medical bills pending throughout that period.  The other one is August 2016 with a premium of 121.80 a month. However, What I don't understand is on the bottom they want to charge me 243.60 due through December 2016. Is that two year enrollment plan?
    • @broncovet @john999 thanks for the feedback, the Peter Principle is exactly what I'm worried about. Since I am SC for PTSD already and filing for an increase, I was concerned that they wouldn't acknowledge any of my treatment records as evidence for increase since the CRNP made diagnosis of MDD on almost every treatment note over the past year. I think he just looks at the thing that's most obvious with me, writes a prescription, and sends me on my way. Maybe he's uncomfortable with the MST part but he has never asked me anything about it, my stressors, etc. When I mentioned my nightmares he didn't ask anything about the nature of them, just prescribed me prazosin. When I mentioned my anxiety and social avoidance, he again didn't ask me anything about it, but he prescribed me hydroxyzine. Aside from the depression, I have all these meds treating me for various PTSD symptoms but that MDD stays right there as my primary dx, and that's what I'm worried about. I'm very afraid they will reject my claim or maybe even reduce my PTSD as not having a current diagnosis and say the depression isn't SC. I guess I just wait and prepare myself.
    • From my experience yes. My initial claim took two years and my current claim,  one increase and one new, is currently at prep for notification and was filed in May. I'm sure this varies greatly by a number of factors. 
    • Dont submit a nod until after the decision.  You have to identify the date of the decision.  Instead, submit new evidence if you have it, or try to get your records fixed: 1.579 Amendment of records. (a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either: (1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or (2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official. (Authority: 5 U.S.C. 552a(d)(2)) (b) The administration or staff office having jurisdiction over the recordsinvolved will establish procedures for reviewing a request from an individualconcerning the amendment of any record or information pertaining to theindividual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.





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Cavman

70/iu & 100 Difference?

21 posts in this topic

Is it worth the effort filing an appeal from 70/IU asking for 100 P&t?

Also, my award says 70/IU p & t. I didn`t even know a 70 iu p&t existed.

Cavman

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Caveman,

This came up on my claim many years ago. It is my recollection that if you can get 100% schedular that this is the best way to go. However, if the 100 was to be based on an extra-schedular rating then it is the same process as 70% + IU. They just do the IU rating if you have not worked in a long time. I got the P&T also. When I was rated I had not worked in over ten years and told the DRO their was no way that I would return to work.

It is my understanding that if you are 100% schedular for a medical condition that you can have earnings from employment without risking a reduction in you rating. If you were 100% schedular for a psychiatric condition that was based on employment functioning, returning to work could reduce your rating. Hopefully, other folks have the M-21citings on this readily available.

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It really depends in the situation. But in most cases you will not get to 100% schedular. I guess the question I have for you is what is the addition disability that you have that makes you think you can get to 100% schedular.

Normally unless you have a life threating condition, or loss of use of limbs, it is almost impossible to get to 100%.

Remember too that 100% and tdiu pay the same thing.

I`ve read many BVA cases where vets have been moved from 70 to 100. They all do not have an IU rating though. I guess there really is no advantage to being 100 p & t to being 70 w/IU p & t. They both have the same benefits. My main concern was getting school help for my daughter which because of illness I would not be able to afford. Now I can, so I am a happy man. I have decided to leave well enough alone.

Cavman

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Caveman

It is worth filing an appeal to get the P&T. That is what I did and got P&T one year later. Now my wife has ChampVA. For shcool it would be good and if you appeal and win the P&T status goes back to your initial IU claim date. I was 70% IU and appealed for P&T. Now 5 years later I am up to 80% but never will get 100% because of the reasons Rick expressed. It is only for SMC housebound or A&A that 100% schedular might be useful. I think if you go at it from the back door by being approved for HB they might bump you up to 100% to justify giving you HB. A friend of mine did that.

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rickb54 and

fla_viking

When I got bumped up to 70% with TDIU, for PTSD, I got my P&T at the same time, so it does happen on occasion, then about a year later I put in a claim for panic attacks with Agoraphobia , I had a C&P exam, without the VA telling me I was getting a C&P, so was approved for that, then they bumped me up 100% scheduler for PTSD. I guess it all depend on how bad the VA feels your disability is, in getting the right percentage.

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Caveman

It is worth filing an appeal to get the P&T. That is what I did and got P&T one year later. Now my wife has ChampVA. For shcool it would be good and if you appeal and win the P&T status goes back to your initial IU claim date. I was 70% IU and appealed for P&T. Now 5 years later I am up to 80% but never will get 100% because of the reasons Rick expressed. It is only for SMC housebound or A&A that 100% schedular might be useful. I think if you go at it from the back door by being approved for HB they might bump you up to 100% to justify giving you HB. A friend of mine did that.

john999:

My 70/iu says p & t with chapter 35, champva etc. At least thats the way I read it.

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