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MPsgt

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  1. MPsgt
    Pacmanx1, I did some further digging into submitted documents (VA Form 21-674) regarding notification of Chapter 35 benefits election with my signature in block 15A. This document is dated as the first notification by me for my daughter to receive Chapter 35 Benefits dated 04/09/2017. However, at that time I was still under the assumption that I could receive dependent compensation at the higher rate after 18 YOA and in "school". My question? Would this not serve as the Veteran notifying the VA of my receiving of additional benefits? Thereby, red flagging the duplication of benefits for which it took nearly four years for the VA to correct to at least 05/01/2020. Remember, after I made that election in 2017 my daughter and I are required to submit VA Form 21-674 each semester there after to continue Chapter 35 benefits without the VA acknowledging or notifying me of a valid overpayment from the duplication of benefits. I know this is a lot but appreciate the help.
  2. MPsgt
    Fellow Veterans with similar experiences in dealing with Veterans Affairs and a "valid" overpayment. The overpayment was a duplication of benefits that was created with VA denying ALL responsibility for such on their end. The creation was duplicated as a result of the Veteran unknowingly receiving over a three year period dependent compensation for a "school age child over the age of 18" parallel to the same child electing and receiving Chapter 35 benefits over that same time period. The Child informed the VA eight times over four years for the election of Chapter 35 benefits. The Veteran continued to receive additional dependent compensation for child over 18 and in school without realizing it was creating an overpayment. The claim has been denied at the regional level and submitted directly to BVA for decision without additional evidence. Also, the VA discounted those "overpayments" only after a second child started the same process. The VA stopped that duplication and only then did they catch the original three year overpayment on child #1. The Veterans concern is that under docket searches with similar situations the Veteran(s) are getting racked over the coals. The BVA is more often than not finding in favor of the federal government. However, I recently found this under M21-1 or M22 Part 3, 3.09 the VCE responsibilities: The VCE must review all sources of potentially duplication educational payments using the MINQ command t search each educational database for all educational benefits. If this is the case, there's a valid overpayment, the Veteran was given benefit of doubt, acknowledge of the duplication than how could the BVA appeal be denied?
  3. MPsgt

    Can dependents authorized Chapter 35 benefits at 45 months use any remaining eligibility after receiving their degree?  For instance, the dependent graduates with a Biomedical Degree after using 36 months of eligibility.  Can the remaining 9 months be used in Dental School?  I've been unable to find law making this clear.  Further, I believe the answer to be yes.  I'm hoping you'll be able to point me to the law and/or regulation.  Thank You Berta.

    1. Berta

      Berta

      I dont know.

      I believe their age and also the date of the additional Chapter 35 application would factor in.

      https://www.va.gov/education/survivor-dependent-benefits/

      If you post your question in the main forum others there have had experience with Chapter 35 and they might know the right answer.

      My experience with DEA was with AMU -American Military University.

      My limiting date eligibility ran out , at some point ( it was based on my husband's 100% P & T SC PTSD) so I finished my degree myself- without the DEA cash.

      Then I proved my husband had AO DMII that contributed to  his death and they gave me a refund of what I had paid out of pocket., and a new limiting date.

      I tried to convince my daughter ( USAF Intel 7 years) to use her DEA award years ago but she is working on her Masters and does not want to deal with the VA- as they made a big error on her initia DEA application. They fixed the error right away but she saw what her dad went through with VA, then me as his widow, and she works for NSA- Dept of Defense and has paid for her degrees herself.

      I have a claim pending that if awarded could offer me a new delimiting date and I might use my DEA again. I was the first civilian graduate ( with Honors) from AMU.USMC gave me a book grant and that alone was a tremendous benefit.

      I suggest asking the question in the main forum. Broncovet might know.

      DEA has some exceptions to their regulations.It is certainly worth the while that your dependent pursue this.

      But also there are some areas of education they will not cover. I asked if I could finish flight school under DEA, but they didn't go for that.My former college had a full flight school program-but they (AMU) did accept all of my past college credits.

      The error they made on my daughters DEA was fixed in three weeks  when I wrote a CUE she signed and mailed to them, but it just goes to show- even VA Educational Dept can be an oxymoron. 

       

       

       

       

       

  4. MPsgt
    The hard copy of the letter will be telling. Others have stated asking someone with VBMS access. The only person allowed to access that system should be a claims agent or service organization representative. So if you’ve one, then contact them. A rate increase doesn’t necessarily mean you’ll receive TDIU. There’s many variables for achieving that status. The increase from 50 to 70 for PTSD is a good start. Even if you didn’t meet TDIU standards this time. 38 USC & 38 CFR are V.A. regulations that can be used for self education.
  5. MPsgt
  6. MPsgt

    SMC (k)

    MPsgt posted a question in SMC K

    Have any Veterans ever received SMC (k) for loss of smell? Especially, if the Veteran has a 0% SC rating for it.
  7. MPsgt
    Buck, I'm TDIU 80% P&T since 14 Sep 11 and have yet to recall the VA ever sending me VA Form 21-4140 to complete. Furthermore, I've never sent one to the VA on my own accord. However, I still follow all VA protocol, appointments and medications. I've never sought out any type of employment since then either.
  8. MPsgt
    Also, if you complete VR&E. You’ll likely be expected to return to work. AF retirement+Federal retirement+100P&T= find something else worth doing with your time. The VA and service organizations could use your talents. Congratulations too!!
  9. MPsgt
    Kudos for bettering yourself. However, It’s a fact. When you complete VOC Rehab? They VA will deem you employable. You WILL lose your TDIU. I think you could argue the rental property issue, but that’s out of my lane.
  10. MPsgt
    I wouldn’t pay a lawyer for something you and a good service Officer can do for free. You’ve got a lot of options, but going it alone is a bad one. If you’ve got issues after a surgery by the VA look into the possibility of filing an 1151 Claim. It may be wise for legal counsel on that approach. Discuss it with a service officer first and any recommendation she/he may have. TDIU you can not be working if you file. Filing for SS is an option too. Their standards are different for rating conditions and based on your length of work history. A medical option by a VA doctor is the best option. She/he must state in the option that your condition is due to or more likely than not due to your d/x disability. Maybe even permanent and total in nature. Again, this needs to be an MD.
  11. MPsgt
    Thanks, and no I'm strictly a volunteering VSO and hold not accreditation. There is an assigned DSO (accredited) and he/she holds the POA. The Veteran did want me to ask. I asked on this forum due in large part to the vast experience. Sometimes a DSO doesn't go into greater detail about individual claims. I've been a VSO for a little over eights years and my name has never been associated with any on those claims. Again, thanks for the expressing cautions.
  12. MPsgt
    No, The Veteran isn't computer savvy. I'm in the process of getting him an Ebenefits and myhealthyvet account. He's my neighbor and needs a lot of help with navigating the VA. I've done several thousand claims but, this is one of a hand full I'm handling personally. I think the NOD will be solid and will be favorable with a couple IMO's. His wife is doing most the work. I believe the Sleep Apnea, Petit Mal Seizures, and Graves Disease can be favorable with private records and VA IMO's. I appreciate the assistance and try to keep you posted about the outcome(s).
  13. MPsgt
    Good Info and refer to t-bird for Veterans decision letter.
  14. MPsgt
    Medical Record (Naval).pdf Decision Letter.pdf
  15. MPsgt
    I've got an Honorably discharged (non-combat) Veteran from the Navy for an undiagnosed sleep disorder. The VA has rated him 0% for Narcolepsy. In my research, and through my understanding. IAW 38 CFR 4.124a, 8108 Narcolepsy rate as for 8911 Epilepsy, petit mal. Since the VA acknowledges Narcolepsy, shouldn't they confer 8911 Epilepsy, Petit mal to determine his rating above 0%? By meeting the definition, Epilepsy, petit mal of more than 10 minor seizures weekly. Shouldn't the VA have rated him at least 80% for Narcolepsy that's uncontrolled by medication? I'm unsure if the VA even acknowledges or treats his petit mal seizures in association with the Narcolepsy. I'm ready to submit a NOD based on this information but, I'd like further and more experienced guidance, before doing so.
  16. MPsgt
    It took 3 months from my receiving of the “brown envelope.” It could longer or shorter depending on the size of the retro payment. A lot of signatures and reviews are required before a payment is deposited.
  17. MPsgt
    I assume your husband died 4 and half years ago? Of what did he die? How long have you received a “Pension?” What amount is the “Pension?” Are you familiar with DIC? What’s annotated on his Death Certificate as to the cause of death? Was your husband in the Navy and if so, did he ever go into Vietnam at least once? Meaning his boots touched the soil in the Republic of Vietnam. If Navy was the Service was he always blue water or a combination of blue and brown water? This makes a difference, too.
  18. MPsgt
    Go to VA. Gov search: 38 CFR Book C, sec. 4.125-4.130
  19. MPsgt
    Time is always a real or even determental issue in dealing with SSA. I got a buddy 100% P&T via VA and repeatedly denied SSDI during that time. No attorney will take his claim due in large to delay/denial coming from his past legal representation and SSA. He has been unable to work via VA for ten years but, SSA said he doesn’t have a work history the past ten years. Therefore, he’s ineligible for his SSDI. I believe it was Hamslice that put a lot of accurate info out. The SSA is looking for the severity of your disability, age (whether you believe it or not), your level of education, if you can go back to college, previous wages, if you can work making what you made before becoming to disabled to work, if you worked in private/State/Federal sector, and whether or not you’re”like-able.” The last isn’t funny but, you’ve gotta insert humor to cover the anger.
  20. MPsgt
    The amount of your SSDI is based solely on the amount you’ve paid into it throughout your working life. It can increase with dependents under the age of 18 and the amount does top out. Unless, you’ve got and caring for a disabled child. First, you’ve paid into your SS and earned a certain amount of SSDI. This can’t be taken away unless you’ve defrauded the Government. Second, I seriously doubt a favorably adjudicated lawsuit would impact your SS. Also, the VA and SSA have different criteria for rating a Veteran disabled. The VA has different “levels” of disability and SSA is technically all or nothing. Should anyone receive SSDI benefits. Their SSDI case will be reviewed every one, three, and seven years. Depending on SSA assumptions that anyone of those individual disabilities could improve. Now, if the SSA notes that you can still work and earn a reasonable wage/salary. They’ll deny your claim for SSDI. Regardless, of what the VA has determined. Finally, to increase the likelihood of a favorably adjudicate SSA decision. You need to prove to SSA your disabilities render you totally unable to work. The VA decision helps but, remember each agency has its own determining criteria. Ex. you’re rated 100% P&T via VA for complete paralysis and you then file for your SSDI for the SAME disability. Remember too, VA recognizes PTSD i.e. anxiety, and depression. The SSA only recognizes MH disability (anxiety). The SSA MH code for anxiety is 12.06. PTSD and anxiety can be severe to enough render you unable to work or operate in public.
  21. MPsgt
    A VA PA's medical opinion would be a good second choice. Especially, if he/she is prescribing MH medications. Mine is a VA Psychiatrist and had prescribed my medications for five years. Before, I finally asked him for my medical opinion. He has now been treating me over the last 8 years. I use to visit him quarterly and now biannually. I couldn't have asked for a better VA doctor. Nobody can stop a favorable decision if your VA prescribing doctor annotates unemployability into your VA medical records. Plus, once that statement is entered into your VA medical files. Simply, use myhealtyvet to access your records and print a hard copy of that statement for your records. The myhealthyvet blue button lets you review your records for accuracy 24/7. Trust me you'll always need to review your VA medical records for accuracy. I speak from personal experience. Don't wait until later. Start this path like yesterday and Good Luck, Chief!
  22. MPsgt
    When do you see your psychiatrist again? Ideally, the VA psychiatrist would be the best for the medical opinion. “Due to the severity of your SC disabilities/MH issues.” “The Veteran is 50% more likely than not, unable to maintain gainful employment.” Even better if the doctor further states, “the condition is permanently and totally debilitating.” It may not be what you want to here but, I’d bet your decision. Will stay static if you don’t get this medical opinion.
  23. MPsgt
    JMO, too Yes, it’s always normal. However, I’ll go further with my opinion. This pending examiner isn’t your friend and won’t deviate from the most recent, favorable decision. Depending on your age (yes age) even though they’re not suppose to consider it, whether or not you’ve tried and failed VR&E, received a favor Medical Opinion, and fired from your job. You’re likely going to get denied this time around. You’ll need to be still receiving treatment/therapy/medication. The best deciding factor is the VA psychiatrist making the statement, “you’re unable to maintain employment.” He/she should be able to make that statement via VA medical records.
  24. MPsgt
    That’s not unusual. If you haven’t already, I’d create an SSA account on-line for SSDI. I hope it comes down in your favor. Good Luck!!
  25. MPsgt
    SSA had a program that expedited disabled Veterans SSDI request. In Kentucky, I knew at the two month mark but, had to wait a full six months per SSA requirements. I used the expedited program too. My SSDI claim date of submission was September 2011.
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