Shawnkatt1

My husband received notification that the VA has approved his request for Individual Unemployability. We know what his new monthly entitlement amount is, but I'm trying to get familiar with the other "entitlements" that are available with an Unemployability award to make sure we don't miss deadlines, and to ensure we turn in any paperwork that might be necessary, etc. 1. My understanding is that with TIU there are spousal death benefits, but I'm not finding any clear info on that. 2. His award letter mentions educational benefits - any details on those would be appreciated. 3. The award letter doesn't mention that it's a permanent award, and it doesn't mention that is not...? Any input on the above, and any entitlements I've not mentioned, would be greatly appreciated. Thanks everyone!

Recently (a couple of months ago) my husband applied for Unemployability. Last week he received a phone call from Compensation-Pension Unit at our local VA Hopsital asking him to schedule a C&P Exam for the disabilities he claimed on the Unemployability application (Fibro, and Raynauds). He expressed hesitation in scheduling it just because he had such a horrible experience with getting his initial claim for disability approved for many reasons. But the most glaring was that his C&P examiner stated in his initial exam for disability that my husband’s disabilities were more likely than not, a result of his service during the Gulf War. Yet this was missed on his C&P report several times by his DRO. So, he’s really skeptical about another C&P for this claim. Like many of you, he went through so much to get his disability award. He expressed a little hesitation to the person calling to schedule this appointment, and asked if he could call them back to schedule - just so he could find out some more info. The scheduler said “if you don’t schedule now, it’s basically like youre refusing the appointment and that could result in the denial of your claim.” So, he’s scheduled for April 18th. His worry is that the examiner might find in such a way that his original disability award (which he just started receiving about 9 months ago) could be lowered. His Fibro and Raynauds is MUCH worse during fall and winter than it is in Spring and Summer. So, he’s not sure how they will word their questions etc. Is it possible that this examiner could find in such a way that it would not only impact the current application for unemployability, but also potentially lower his disability benefits if she happens to find differently than the original examiner? Even though he qualifies for the unemployability, and has a letter from his PCP stating the he cannot return to work due to his disabilities, AND the employer form, he doesn’t want to take the risk of another C&P if it’s possible he could end up with lowered benefits. Has anyone heard of, or had benefits lowered as a result of a C&P for a different claim? Any tips on what to expect at this C&P? Thank you all very much!

Hi all, Questions about CRSC approval rating... We just received an approval letter for my husband's CRSC claim, and we're trying to make sense of it. Under the "Verified Combat Related" section, he was given a rating of 10% for his Fibro. Stating it's "Gulf War Presumptive." His current disabilitaly ratings are: Fibro - 40% Tinnitus - 10% Hearing Loss - 20% Raynauds - 40% My understanding now, is that the decision letter is in DFAS' hands. Will this 10% rating combine with his other ratings, and increase his current retirement check? And, is a 10% rating enough to offset the taxes withheld from his retirement pay, or does it need to be a higher percentage. Thanks everyone!

Hi folks, My husband recently received his appeal award letter, which reflected an increase from 40% to 70% retroactive to Feb, 2016. He’s preparing to file for Unemployability, and we have an appt with a rep in early February to do so.It was recently suggested by a different rep that my husband apply for CRSC which is confusing to me....Does this avenue only apply to veterans who are currently rated at less than 50%?Or, is this form necessary (as an audit) to try to retrieve back-pay of retirement monies that were offset by a rating of less than 50% after a rating’s increase (which would be the case with my husband)?DFAS confirmed that there is an audit that’s processing now. Am I correct in assuming DFAS would automatically look at retirment monies that are owed to him retroactively since his rating changed from 40% to 70% effective 2/16....?So should we apply for CRSC AND Unemployability?And,Do we need to get an employment verifcation form 21-4192 filled out for the Unemployability application??Thank you everyone - we really appricate the help!Sent from my iPad

Now that the flurry of the holiday season has passed, and I actually have the letter from the VA in-hand, I really wanted to take a moment to update those of you who took the time to answer our questions here, and perhaps help anyone who might be reading about our journey on this blog. After I made contact with our West Virginia Field Office in Huntington as recommended by @Buck52 I believe, there was an INCREDIBLE amount of activity on my husband's appeal! I'm so thrilled to tell you all, his appeal was approved!!! He's at 70% now, rather than 40%. I still cannot believe it! What a looong battle, but it was so worth it to see his face when we received the news. He felt validated, finally. So, when I called the field office and told a worker of our multiple problems with how this case was handled (last-minute substitute DRO, never receiving transcripts from the hearing, never receiving the C-file we requested, and poor representation from the rep, we immediately received a call back from the gentleman who actually sat-in on the appeal hearing video conference. He remembered my husband's hearing in great detail. And was shocked that we hadn't heard a word, received transcripts, or the C-file. He seemed genuinely mortified by the glaring errors, and omissions, and assured us he would help. And he did! What he discovered was (amongst other things) that my husband's appeal had gotten "lost" in the shuffle between the substitute DRO and the assigned DRO. We started receiving phone calls from the field office, and our rep, and we ended up suddenly receiving the hearing transcripts, the C-file, and the award letter within a very short period of time. From what we've gathered, an audit is underway (the VA said it was automatic?) to resolve back-pay issues, and the issue of reimbursing his retirement for the amount they offset it each month based on his original award of 40%. I know I'm going to miss thanking some people, and I apologize in advance if I've missed you, but thank you to @vetquest, @63Charlie, @Buck52, @Berta, @asknod, @Hamslice, @broncovet! Thank you for the great guidance. And thank you for taking the time to help fellow veterans wade through this ridiculous system. If anyone has input on the auditing that's supposed to he automatic after an appeal award, and any advice on filing an unemployability claim, please let me know. Both of those are as are new to us... so we're flying kind of blind. Don't want to make mistakes right out of the gate. Thanks again everyone!!

Thank you for that number Buck52! Calling them this morning!!

It's the Law office of Jan Dils. They have a WV location as well as a couple of other states too I believe. Anyone have any feedback on that group? We'd certainly appreciate hearing opinions and suggestions. No decision on the latest appeal hearing (hearing was January of 2017) yet. We have been unable to track down a direct phone number for the Huntington West Virginia office. And I've tried for MONTHS. The only number we've found, and been given, is the standard VA "help" number, which is zero help. We've called that number countless times, and asked for the Huntington phone number, and we're told everyone single time "there is no direct line at that location for veteran's to call," and that we just have to call the standard VA assistance line. i've asked our rep for a direct line number too, and he says he "can't give that information out." Total BS I know. And SO frustrating.

Thank you to everyone who has responded to my original post. I thought I'd take a minute to clarify a few things, and ask for further info. My husband is the veteran, and I am a retired paralegal with no military background. This entire journey has been a real learning experience for me, and I'm sure that will continue. I'm so grateful this site has a "terminology" and "acronyms" directory! My husband is currently 40% disabled (10% Fibro, 10% Tinnitus, 20% Hearing Loss), so the government is deducting the full amount of his VA disability payment from his monthly military retirement dollar-for-dollar at this point. The physician who wrote his Nexus letter is his family physician that has followed him for years. The C&P that supports my husband's open claim for Raynauds was performed in May of 2016 - BEFORE the initial denial of the Raynauds which was decided in November of 2016. So, they had the C&P that they requested, and that was performed by the doctor of their choosing, It reads " it is thus at least as likely as not, that the veteran's diagnosis of Fibromylgia which would explain his widespread joint pain, chronic joint pain, and muscle pain. Raynaud's disease would have a nexus with his exposure that occurred while he was in Southeast Asia." He was subsequently denied an increase to his Fibro rating (currently 10%), and denied altogether on the Raynauds claim. His rep has no idea what his C&P stated, and the DRO that was filling in had not ever seen my husband's file prior to the video conference hearing - by her own admission. She stated she was filling in for the officer who was out ill, and she would have to familiarize herself with his case, and therefore wouldn't render a decision that day. We stared the video conference 2 hours late because Huntington thought we were going to come there rather than appear by video, even though the VA scheduling letter clearly states we were appearing by video conference from a closer VA hospital, not in person at a location 4 hours away. The conference room was not set aside for us, and our hearing was interrupted by another group that was scheduled to use that conference room. It was a sh$t show to say the least. I have requested my husband's C-file 2x - and have received nothing. I have requested audio and written hearing transcripts - nothing (almost 7 months ago since the first request). I've tried to find out the name of the DRO that did the hearing - nobody will reveal her info and our rep says he can't find out. I have no idea as to her name or qualifications. We have contacted an attorney, and they agreed to take his case. I have the contract, but we haven't signed it yet. My questions is: Can I run the attorney name by you all for feedback (not sure if that's permissible on this site)?

In February, 2017, my husband had a video conference with a Decision Review Officer out of Huntington, West Virginia regarding his appeal. He's seeking to overturn a Raynaud's denial, and increase his Fibro rating. We have a Nexus letter supporting both, and his C&P clearly states the Raynauds is related to the fibro, and "was more likely than not, related to his service in the Gulf War." He was "represented" by his appointed VA rep, who is the only choice for our area. The rep showed up with an empty file folder with my husband's name on it. I'm a paralegal by trade, so I had two, 5-inch binders of records that were tabbed and indexed - needless to say, we felt poorly represented, but fortunately we were prepared. The DRO that was to hear the case was out sick. The hearing was 2 hours late in starting. At one point during the hearing, the officer asked my husband "what it would take as far as compensation to make him happy"... naturally he was caught off guard and said he wasn't prepared to put a $$ sign on his disability. Is that type of question normally asked during hearings? She also indicated she might "require" him to do another C&P exam. I inquired as to why he would need another C&P, and she really didn't have a solid answer. Can they require another C&P? Especially if a prior C&P supported his claim? The hearing was bizarre in my opinion - so I wanted to get the transcripts (written, and the recording). We sent the proper FOIA forms in, return receipt of course, and they were received by the VA in May of 2017. A copy of our request is showing in my husband's file, but we've received nothing. Does anyone have experience with requesting transcripts? Should we have received them by now (6months since requested)? We've obviously heard nothing about my husbands appeal, and the only thing the rep has told us is "the Huntington office has put aside all regular disability claims and appeals to focus their attention on those vets that have elected to use RAMP." We have elected to not use RAMP. We're considering an attorney at this point, but I'm not sure what, if anything, they could do considering where we are in the process. Any suggestions, and guidance would be greatly appreciated!