70/iu & 100 Difference?

[Cavman]

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

[Berta]

This is what gets me-

The VA granted my husband 100% P & T SC PTSD posthumously for a three year period- sending me 2 years of accrued-the regs where for 2 years only at that time.

He was totally disabled by the Section 1151 disabilties he had- that VA had caused. (documented) 100% for the 1151 stroke and th heart disease and diabetes has not ever been rated-

Nevertheless- it is basic VA case law- 100% SC plus 60% or more SC (even under 1151)as long as this is an independent additional disability- equals SMC.

(OGC Pres Op and BVA statements as well as M21-1 support this legal fact)

My vet rep questioned this in an award letter a decade ago but did not advise filing a NOD-the VA stated they did not consider Rod eligible for SMC consideration.They stated ALL of their malpractice caused his death-but listed his 1151 stuff as 100% under NSC and did not formally acknowledge them further as Sec 1151 100% until they buggered my CHAMPVA but I got that squared away.I was pretty pissed at what they did then but then within a few hours I realised again they had out a foot in their mouths so I sent the CHAMPVA stuff and stuff from their VSM that helped fix it- as evidence for my CUE.

The VA had formally acknowledged (in attempt to stop my CHAMPVA benefits)

that the veteran was 100% or more under Section 1151.

(that is not why I get CHAMPVA-that is due to the 100% P & T SC of PTSD.

They are working on my CUE on this now-

QUESTION- is a vet with TDIU actually supposed to also be considered for SMC with additional 60% SC rating?

I think they are and I think some of you get SMC with TDIU- but now I am not sure-

If the VA says you are not eligible for consideration for SMC and this doesnt seem right-

based on your evidence you might want to challenge their decision and at least get a statement of why you are not eligible for consideration.

Edited February 19, 2007 by Berta

[calnight]

caveman,

I TO GOT 70% AND IU P&T. IN MY OPION LEAVE IT WERE IT IS THERE IS NO MORE MONEY FOR 100%. AND THEN YOU DONT HAVE TO DEAL WITH THE VA AGIAN . BESIDES READ THE 100% SCHEDULARE FOR PTSD IT IS VERY HARD TO GET UNLESS YOU DO HAVE THOSE SYPTOMS. AND REMBER JUST BECUASE IT SAYS P&T MAKE SURE STILL GO TO YOUR DOCTOR VISITS AND STILL GET COPYS OF EVERTHING NEVER TRUST THE VA. THEY CAN STILL CALL YOU BACK FOR A C&P FOR THE PTSD.

[Pete53]

On my Chapter 35 my kids were allowed to chose effective date or date of notice. It worked out well for them.

[Cavman]

caveman,

I TO GOT 70% AND IU P&T. IN MY OPION LEAVE IT WERE IT IS THERE IS NO MORE MONEY FOR 100%. AND THEN YOU DONT HAVE TO DEAL WITH THE VA AGIAN . BESIDES READ THE 100% SCHEDULARE FOR PTSD IT IS VERY HARD TO GET UNLESS YOU DO HAVE THOSE SYPTOMS. AND REMBER JUST BECUASE IT SAYS P&T MAKE SURE STILL GO TO YOUR DOCTOR VISITS AND STILL GET COPYS OF EVERTHING NEVER TRUST THE VA. THEY CAN STILL CALL YOU BACK FOR A C&P FOR THE PTSD.

Is this application for uniformed services ID card form (DEERS ENROLLMENT) for getting into a PX? Where did you send yours or turn it in? You and I have the same award exactly.....what have you done that I need to do? We don`t apply for chapter 35 help until the year our children finish high school right?

Cavman

[Cavman]

On my Chapter 35 my kids were allowed to chose effective date or date of notice. It worked out well for them.

Did your kids use your chapter 35 right away or was it years before they applied? It basically pays tuition doesn`t it?

Cavman

[Pete53]

It pays something like 800 bucks a month and that is it.