Limekiln Vet

WQW John, keep telling your story, and it is similar to mine. Both of us would be immediately removed from benefits according to Shulkin.

It is not fair! Trump is not aware of this I hope.

Please sign my petition: https://petitions.whitehouse.gov/petition/fire-va-secretary-shulkin-who-wants-steal-benefits-elderly-veterans-fund-his-pet-projects

Please sign my White House petition: https://petitions.whitehouse.gov/petition/fire-va-secretary-shulkin-who-wants-steal-benefits-elderly-veterans-fund-his-pet-projects

Please respond to my White House petition: https://petitions.whitehouse.gov/petition/fire-va-secretary-shulkin-who-wants-steal-benefits-elderly-veterans-fund-his-pet-projects

The only positive thing I can see about this IU/SS issue is that the same proposal has come up for at least the last 4 years and never went through. I have contacted all my congress reps, and called some of them, and tweeted to the Sec of VA, and POTUS, without any feedback. And have signed petitions, which will never go anywhere of course. The most convincing argument for me, to not take away this benefit, is that those of us on the benefit have planned the twilight years of our lives around the benefit. We received assurances like P&T, and no future exam is scheduled, and the 10 and 20 year thresholds that guarantee the benefit and our spouses certain benefits. It is not like we can say ok, its not gonna work so we have to go back to the past and make a new plan. I do wonder about all the federal regulations that would have to be changed to make the taking away of this benefit lawful. And I do worry about other than the financial implications; I expect the suicide rate will double by veterans within a few months of the implementation of this inhumane VA budget proposal.

BroncoVet, I live in Wisconsin, and normally my claims have been handled in Milwaukee, but I was told because my claim was forwarded for consideration for extra scheduler, those claims are handled in Louisville. Nevertheless, I see my rating decision was issued out of Milwaukee.

I should add that I also received 3 retro payments previous to this one when I at first got a 30% benefit, then 70% and then the first 100% benefit, and they totaled over 6 figures as well. When I first started this back in December of 2008 and was denied benefits (except for a 0%), my wife said just give it up, it is going no where. We would be just hoping for things we will never get (she said) But I did appeal thinking I had nothing to lose, so I am here to say don't ever give up!!!!

Here is the decision; actually this is the first time I really have read it. It begins by exclaiming that it is about my claim for service connected compensation received on April 17, 2015, but that was merely the date of an SAH claim I initiated online via Ebenefits. I certainly do not want to disagree with it! But it is odd that the CUE resulted in the loss of my 100% compensation for AS, and a reassigned benefit of 40%. It appears that was the only way they could qualify me for the "two or more service-connected" disability threshold to meet the IU requirements, since previously I had 30% for AS and 50% for a skin condition. And because I did not have the 40% criteria for the condition that rendered me IU, I did not qualify. It is almost like they had to do that in order to make the decision retroactive to December of 2008. Maybe this post might help some other Vet to understand the workings of the VA, I just hope they never ever look at my decision again. :)

Sorry everyone, I was not receiving notifications that anyone responded to this post. The key part of the CUE that was acted upon was this: "4. In my December 17, 2012 post-determination letter, which assigned the 30% rating for AS, it states "A higher evaluation can be granted under the provisions of 38 CFR 3.321(b)(1); however, a review of all the evidence received did not disclose any unusual or exceptional circumstances, such as those involving marked interference with employment or frequent periods of hospitalization, so as to render the application of the regular schedular standards impractical and warrant consideration of an extra-schedular evaluation by the Director, Compensation and Pension Service." At the time of the receipt of that award letter, the VA had all the information of my SSDI award from 2002, and the information about my LTD claim, both of which were successful approved applications for disability benefits based solely on AS, and as probative should have been considered as evidence. I did not get to the 70% level until many months later when they settled the skin condition issues subsequent to the remand by the VBA, but that 70% level was retroactive to December 2008. I believe the SSDI benefits evidence alone should have triggered a more thorough process into whether I might qualify for IU. For the VA to have stated back in December of 2012 in the award letter that there was no "marked interference with employment..." is preposterous. A case for that conclusion is well founded based on their now "forwarding" the claim for extra schedular consideration with no additional evidence having been submitted since the Dec. 2012 decision, other than an application having been made for IU." <end quote> I think the logic speaks for itself. After this CUE, back in September of 2014 I did receive the 100% schedular rating, but that was such good news I completely forgot about the CUE. Then as I mentioned in an earlier post, out of the blue they changed that decision to 80%, paid as 100%, retroactive to December of 2008, which I assume was due to the CUE, along with my application for SAH from April of 2015. And that resulted in my six figure retro. I will post the pertinent parts of that decision shortly.

It has taken me many months to get back into hadit.com to post again, they repeatedly denied my login, and I could never receive a verification of any kind to change my login, or even register with another name. Hadit.com makes it impossible to contact them, guess they are too big for us little folks anymore. I finally got in by creating a new account using a new email address... But I wanted to update you on my benefits. If you will recall Berta, in my CUE (which you helped me with) I suggested they made an error by not considering IU benefits in their original decision. In the decision referenced above, I had the 100% benefit. Then a few months ago I requested benefits for adaptive housing, and in their review for that benefit, they apparently ran across the CUE document, and they made a new decision based upon their failure to consider the IU benefits. This is pretty complicated, but I will try and explain it. They removed the 100% benefit for Ankylosing Spondylitis, and changed it 40%. Then they ruled that with one or more combined service-connected disabilities I was now at 80%, then they ruled that I should be paid at the 100% rate because I was unemployable due to those disabilities, and that it was permanent and total. At first that sounds bad, or even neutral, but the key was that they made the new 100% benefit retroactive to December of 2008, and I got a new payment of $101,106! Unbelievable! And all because I made a new request for the adaptive housing. It really is true that you have to be careful asking for more benefits because they might open your file and make some new ruling, but in this case it was in my favor by a landslide! I since asked them to withdraw my request for adaptive housing, I don't want them ever looking at my file again!

Thanks guys!

Thanks GP! I really appreciate your taking the time to comment. We have pretty good insurance for her right now also with a $50 deductible, but obviously we will sign up for champva as well. I believe champva has a $3000 annual deductible, right? Haven't quite figured how that works. I will be sure to get the DOD ID cards. Am working on the property tax credit for Wisconsin. Thanks again!

Thanks US Vet and Berta! It is still a dream. I was on my way for vacation with my son, to Vegas of all places, when I saw the 25k check in my account. Talk about celebrations! Berta, I am interested in the ChampVA for my wife. She wants to keep all her doctors, etc. And we have "Obamacare" for her right now, with premium at $100/mo, $50 deductible already satisfied for this year. I think we will get her signed up for champva and just keep both for awhile until we sort it out.

Finally got a decision, and got the 100%, but not for TDIU, they bumped up my 30% rating for AS to 100% permanent and total, also with SMC. It appears that having my Senator contact the VA got them moving. It moved from gathering information to complete in 2 days with a retro check.