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robert51
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Posts posted by robert51
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What happens to a dependent's Chapter 35 benefits when the Appeals Management Center writes the veteran to admit that the Board made a clerical error, and neglected to factor in one of the veteran's ratings, that delays notice of 100% schedular rating by nine months? The 100% rating is then retro'd back to July 2003.
In the meantime, the veteran's daughter has been a full-time college student since August 2003, and is planning on attending graduate school.
Will the VA retro the benefits if the school is accredited and VA-approved? I assume they would first deduct the payments for the child dependent made to the veteran between August 2003 to the present.
The AMC letter stated, "Basic eligibility to Dependents' Education Assistance is granted as the evidence shows the veteran currently has a total service-connected disability, permanent in nature." We received the booklet about DEA, too. I'm hoping it's safe to assume this is what I think it is.
The award letter that lists the dependents' names comes from the VA Regional Office?
i am doing the same thing now with my daughter starting school in June of 2004 and i am told they will go back to this date as i was backdated further then this... they also informed me they will be taking out the 200 a month they have been paying now for a few years for a college aged child so looks like i wont get a check for a few months..
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The way that I understand his post, he was not turned down because of the PTSD, he was turned down because they didn't think he had enough "qualifying quarters", enough "work credits".
In the Social Security scheme of things, it doesn't matter what your IMOs say or your private doctors say, it matter what the Disability Determination Service says. They do work off of the IMOs, private doctors exams, though, so you should be okay. The Disability Determination Service is usually a part/parcel of your STATE Voc. Rehab. Department. They contract with the FEDERAL Social Security Administration to provide, well, to provide Disability Determinations. Find out their telephone number and call the person that is handling your "case". Schmooze with 'em. Be surprised what you can find out...........!
BT,DT.
But, let me ask you a question. Was your hearing before the Administrative Law Judge about your supposed lack of enough work credits, or was it about your PTSD? Normally, they won't just roll a bunch of questions into their rulings, but, instead, prefer to focus upon the question of law, or the matter-at-hand. And, a ALJ will not rule on a medical finding at all, in my experience that is. That's what the Disability Determination Service is for.
I think SSD is just as slow and full of bullshit as the VA .. i applied march 2004 at the time i was 70%PTSD and IU now i am PT also and have had 3 different outside doctors some gave test some reports and still SSD is not ready to grant and i have yet to see the judge after 2 1/2 years
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I have been dealing with the Seattle VARO for many years, and just had my claim for increase in SC disability rejected after being out of work for 4 months with Severe Major Depression. I also submitted for SSDI from SSA, and was approved yesterday. My question is that given that both outfits had virtually the same information to go on, why did SSA approve me and VA not?
Also, is there anyway that since both agencies criteria for disability on mental disorders are virtually identical, that I can use the SSA evaluation to blundgeon the VA into the same type of disability determination? I've been told that SSA is much the harder of the two, but in my case, it seems just the opposite. Can any one help or provide me with some additional information on this rather reversed situation?
Thanks All
Nukenight@hotmail.com
I have the exact other way with the VA appoval at 70% IU and PT and a 3rd turn down from SSD
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Yes he can and he should choose the date of notification for his start date on the benefits. He will have to get a waiver but its routine after an application and being turned down. If he has his paperwork done correctly when he enrolls a copy of his degree plan and will probably get his first check within 60 days.
I am also a little confused i received PT in Oct 05 but it was dated back to when i filed a NoD and that was 3/04 well my daughter started college in June of 04 and i applied for her benefits in Dec of 05 right after i was notified i received PT well the Chapter 35 people are telling me they will only backdate one year and as they are still working on the application i figure the longer they stall the less it will cost them , they are saying when she is approved they will go back one year and that does not seem fair to me as the benefits are dated 03/04 but i did not know i had them till late 05, if they go back one year only can i appeal ?
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the RAO sent me an e mail their monthly update and i found a very interesting thing in there a site that tells by state how the state reps. voted and to my surprise Oregon has listed voted for vets Senate (Dem.) 92% of the time Rep. (42%) but for house reps... Dem. voted 100% of the time for vets and Rep. (0%) now that says it all for me... a Republician NO MORE
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I am a 80% TDIU Veteran that was rewarded back in March 2005. On my letter, it stated that I have a future exam in March of 2007. I have been in treatment for PTSD since 2002 in and out patience until present. On April I went to DAV to try to get an early C&P exam or a decision on my Total & Permanent. I have talked to my Doctor about signing a document that I got from DAV that states my condiction will not change to help me get Total & Permanent. But she will not sign it because she say i am still in treatment. They can see her notes.
I am confused and do not know what to do or go. I am trying to get an earlier T&P becuase of several situation, I would like to give my daughter the ch 35 benefits to go to college before she will be to old to use it and also like to get married soon, but she is in college and could use my benefits also.
Where can i get help or do I have to wait until March 2007 B)
I was in the same boat i received 70% and IU March o4 i filed a NOD and in Oct of 05 i was granted PT because i had been in treatment for 5 years and my condition did not change.. so they granted and went back to March 04
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Cutting SSD would also have a bad taste for the children , so if your divorced and they cut SSD they also cut the money for the children? Seems cutting SSD have wide reaching effects and they could bite off more then they want messing with SSD
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Dear Terry,
Thank you for that information. I went to VAwatchdog.org and copied the article and sent it our President, Vice President, all my local Senators, Reps, and even my Governor. I also enclosed a little a note saying, "This is the thanks we get as Disabled Veterans" while you were making your millions we were securing the very land in which you have prospered, and now that I am disabled because of my love for God and Country in which I served with honor and humility. You have such men as General Scott trying to take away our only source of supoprt not only of myself but my family. As I set and look at this article I have enclosed I see my walking devices, and cane, I see the 18 medications I now take. I see my children I cannot play with because I cannot bend and I cannot hold them, all of this is becuase I served a nation I felt was worth fighting and dying for and you Sir was a part of that nation" and I signed my name and gave them my phone number.
What has happened to the gratitude from this ungreatful nation. God have mercy on us. Thank you and God bless you.
Bound4Heaven
How can they not give you SSD if you worked you paid into the program so how can they just ignore you
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Mine is the other side of yours ... the VA gave me 70% and IU i applied for SSD and with my 5 year medical at the VA and an outside doctor to beef up the medical i still got turned down and that was two years ago and i am still waiting for my day in court..
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I guess its always a crap shoot .. i have 70% and IU and PT and applied for SSD in March of 2004 appealed in July of 2004 and am still waiting for my hearing and sience i first started i got a private doctor to agree with the VA doctor and still i await ...
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Here is a link to CHAMPVA facts from the DVA site:
http://www.va.gov/hac/forbeneficiaries/champva/faqs.asp
Read through it to become informed. Not positive but I believe the eligibility starts the date T&P was awarded. So keep those bills. Why don't you give their 800# a call and ask questions.
Here is the link for date of eligibility (It's PDF so you need Adobe Acrotat Reader):
http://www.va.gov/hac/forbeneficiaries/cha...ap1/1c1s2.3.pdf
Well in my personal experience i have applied for medical champa va and sent the forms in and then after 2 months they sent me more forms and i sent them in and now another 2 months i wait...so is anything fast in the goverment?
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Raven,
I am in the same boat. I got there a different way but none the less ended in the same boat. I was told to go ahead and have the kids apply, get rejected, for the chapter 35 benefits. Then when and if they make it P&T you can be reimbursed, of course that is if they back date it all.
I just received 6mths of back pay for my 100%, so using that for the initial college expenses next year.
Now as far as getting the P&T I have no clue. What I have surmised is I need to go to the Dr when things hurt and when things get worse. In my case it is a knee they believe will get better,,,,, fat chance of that but it is what they are pinning the P&T on. I do have some pending issues wich will NEVER get better, as they removed muscles from me, and am hopefull they will rate the condition as perm and then put me over for P&T. So with all that in mind I would say if one of the 7 items with 0% were to get worse then maybe you will get the P&T.
In my case I went back to the VA 6 mths after my 1st exam, knew I had to tell them my pain and situation on my worst day and my range of PAIN FREE motion, and the results were a change in rating from 60 to 90%. Maybe this helps? Just be sure to look through every page of your military medical record to see if you claimed everything!
Best O Luck
I just applied and received PT and they Rating said it was based on 5 years of steady visits to VA without any real inprovement...
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can anyone enlighten me on the benefits of champa va i live in Philippines and dont think its even good here? Also the ID is it a benefit to shop at a base? insurance being 70& IU and pt do i get the life insurance?
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I know I am a skeptic, but it would be interesting to know if the Army Lt. was in some way still attached to the Army. An officer can be Court Marshalled for disparaging commits against the Army as a whole and/or of the Commander In Chief, i.e. The President of our United States.
They could also cause him more anguish in many a number of ways. Liest of all having to pay for his supposedly lost Army Surplus equiptment. Which probably didn't have the proper flack pertection to begin with.
I think that the Army and or Government should pay him for the imbarresment he must have had to suffer by asking his fellow Army buddies to help pay this rediculess debt.
I guess now before a medic can treat you and get you ready for evack He needs to first make an accounting for all your gear, or even worse, you will have to account for each bullet you fire, by locating each spent slug and/or cartridge casing.
Maybe I sould have labled me a sinic instead. LoL ;)
I just can't believe the stupidity that beurocrats can go to, to save the government a penny.
Jim S. B)
This shit happens during Viet Nam time i was on a flare bird over Dau Tieng as they were being overrun and after a nearly crashing into another bird the flares started rolling on the bird as a gunner i droped my M-60 and dove on top of the pile of flares to stop the weight shift.. the weapon fell from 3000 plus feet and months later i did not receive my pay so i complained and was told the Army had charged me for the lost weapon even though i received a medal for risking my ass to save the bird.. my father went to complain to a senator Cranston and soon after a General came to Dau Tieng and said sorry and i was given my pay, another time i was on the flight line and a new guy had a fork lift with a Chopper engin in the sling and jumped off the fork lift to go to lunch and accidently hit the leaver droping the engin on the bird .. he was sent a letter saying he was at fault and could be charged for the damage.. i said to him ha ha ha what will they do send you to nam..
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I received a letter just yesterday it took 2 months to find me i have moved from Beaverton oregon to portland oregon and then came to manila phillippines and now stay in cebu .. the letter says you are a veteran and you receive 2700 a month 70% and IU is you do not sign and returne this letter within 2 months we will assum you are presently working and will cut your disability to 1400 a month starting april 1 ,2006 well i just sent the letter in but its still a bullshit way to try to rip off the vet.. Because i didnt sign it means i am working .. how do they see that ? How about it took a long time to reach me.. and i do not live here so before anyone says change of address i am waiting for a medical sugery at Portland to be done but NO money they say.. so i chose to wait here..
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thank you for taking the time to explain this to me .. i am from Oregon and at the time i applied only my son lived with me and the state said 1200 for me and 565 for him about that time my daughter came to live with me so i dont know the amount she will get or if the state is saying one or more children are 565 etc.. so thanks to both of you for the info..
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I have applied for SSD in march of 04 and of course it went to appeal in July of 04 i have a lawyer and the SSD people said if i should win i will receive 1200 a month my question is i have 2 children one is n;ow 15 and the other is 17 at what rate will they pay me if i am awarded with 2 children.. i a also 70% IU and PT thanks bob
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I am new to hadit, but have been visiting the site for a few weeks now. Hope I am posting properly. Here Is the condenced verson. After many years of refusing to acknoledge my PTSD symptons, I decided to contact the VA. I applied for service connected disabilities for PTSD, Hearing loss, and Tinnitus on Jan.10,05. On August 26, 05 I was awarded S.C disability for PTSD ( 50% ), and Tinnitus ( 10% ). Total disability rating by VA @ 60%. Since I have not been able to hold a job for any length of time due to PTSD, and had been unemployeed for over a year, I filed and completed forms 21-4192, and 21-8940. On October 28, 2005 I received notification stating " WE GRANTED ENTITLEMENT TO THE 100% RATE EFFECTIVE JAN. 10, 05 BECAUES ARE UNABLE TO WORK DUE TOYOR SERVICE CONNECTED DISABILITY/DISABILITIES". " AN EXAMINATION WILL BE SCHEDULED AT A FUTURE DATE TO EVALUATE THE SEVERITY OF YOUR DISABILITY/DISABILITIES AS YOR CONDITION MAY CHANGE". I checked with the DVA, and it shows that I am scheduled for reevaluation exam for July 06. I am already freeking out. Providing the stressor information/evidence was extreemly upsetting and painful, as was the C&P exam. Can anything be done to prevent going through this experience again? Can I get to perminate and total prior to the reevaluation? Does age play a factor?( I will be 57 by the next reevaluation) Need suggestions.
I had the same thing awarded 70% and IU March 2004 applied for DRO and Oct of 2005 granted PT with no furture exams the way they worded it sounds like i was granted PT due to 5 years of seeing doctors at VA without any changes.. go to the one on one meetings only 2 times a month one hour a session anyway it really helped me talking to someone who was there in nam as a nurse
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Keep your fingers crossed cuase the exception to this is when you have plenty of records that demonstrate your claim and just getting your VA Claim approved really helps.
dont expect to get approved so quick i have the same thing and applied June 2004 and still waiting for court date
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Istacy ... apply now and keep sending NOD just so you can get a date set and then the kids when it does come in will get back dated and a fat refund will come i just got PT and they back dated it to 2/04 when i first was granted IU and sent in a DRO my children are now 2nd year nursing students and i will be asking to have their stuff back dated
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Gail
Sorry to hear about your plight in this, but if you do not have a order from a court showing that you are his Widow, you are beating a dead horse with the VA.
Even if you have one, this still may not entitle you to DIC.
I wish you luck, as you are fighting an uphill battle, without the ammo that you need.
I have to agree i mean to me it seems they both parted ways she went on to remarry and have children and he did the same years pass and now that he is dead everyone is scrambling around trying to be the one entitled? reminds me of something i read in Florida a guy died when a building he was working on fell . Seems he was living with a women and had a baby with her but his X who filed for divorce against him and lived with another guy found out he had this accident and she rushed to Florida and stoped the divorce on the very last day it was to become final and then the X (Who claimed to be the greiving widow rushed to settle the death with the insurance company leaving nothing for the guys live in and baby. After getting the money the X refiled the divorce and went back to her boyfriend and they enjoyed the settlement ...So Gail tell me what about his children are you going to give some of this entitlement to his children with the wife in Nebraska if you legally find a way to get the DIC or just go home and forget about the children you X had I am sorry if this upsets you but i personally think as adults we all have a live with our mistakes and while life can be rough its Never as bad as it is on the children . Let me ask you gail do you need the DIC or just feel its your right and want everyone to know you were taken advantage of by your X .. Like 10thFO i think when you remarried and had another child that showed me you moved on with your life. And you x did the same its not like he left and you stayed single and alone hoping your true love would come home to you . Both of you made mistakes and better to dwell on a better furture then live in a broken past.
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The amount of time is really up to the individual rater and you really can't take it as a positive or negative sign. As far as being awarded P&T - It really depends on your condition and the C&P in 2007...the rater also plays a big role as there really isn't any concrete regs that say the RO must give P&T or not. The regs do state that a chronic condition that does not improve over a given period of time should be considered for P&T, but much of that is left often to speculation by the rater. I would definitely put in for P&T on your next C&P, as you may have a good chance at getting it.
I was awarded 70 and IU in march of 2004 and filed a DRO and was just recently given PT based on 5 years medical records with nothing to say improvement was going to happen.
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The tuition has got to be paid first , then VA figures out the monthly rate and they are pretty good about getting that part right. quote
What does that mean ? my son is going to nursing school as also my daughter ,, son is in 2nd semester of first year.. daughter is 2nd sem of 2nd year i thought the amount paid was standard like when i went to school years ago. full time (( this amount )) half time (( this amount and so on...
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thank you for taking the time to help me understand this stuff...
Chapter 35 And Dic Benefits
in VA Disability Claims Research
Posted
when my daughter turned 18 and started college they gave me a raise of i think 200 a month well when they retro her for her schooling they will take back from me the amouth they gave so i will be owing them money but she will be money ahead...