dav_marine72

So I need to go to the health center for an appointment and to try and get some nexus letters. If anyone remembers I received a TDIU letter without any reference to DEA or P&T yet my SO says he has one. I called the 800 number and they tell me I am 100% P&T. So I show up at the RO and state I need a copy of my latest rating decision because mine does not say P&T. They say we may not have your file here because of your appeals. I'm like you made the decision it should be here. The receptionist gets an RO helper person and I explain I need a copy of the rating for my SS case that says P&T. He brings out a decision letter with a different date that although it looks close to the one I recieved it states I was awarded DEA. It's like I'm in the twilght zone. A different decision copy for them and me. Almost like they didn't want me to know I was P&T. Then I read why they gave me DEA. It states when a Veteran has a disability that permanent and total he or she is entitled to DEA. So I say okay but why doesn't it say I am P&T. Then the receptionist says you aren't P&T you have an exam in 2011. So I say but you can't get DEA unless you are P&T. I said you can be P&T but still have a future exam. She says no you can't. I'm thinking this lady works at the front desk why the hell is she telling me crap that isn't even true. So I ask the rep again why can't they just put P&T in the letter because there is no way I am not. He says I'm not saying anything. I didn't have anything to do with this decision so I'm not saying a word. He then says I don't want to say anything that might not be true because then you will be mad at me. I can sort of understand that logic. However, then in front of everyone in the room (about 5 vets and 3 VA employees) he says I also don't want you coming back and beating me with your cane hahahaha. Then a woman from the VA says oh I want to see that one. I am so pissed by now I tell him (he is a large African American by the way) I'll drop the cane and go outside right now. The woman VA employee then says you must be on too many drugs and laughs. Finally the rep says why don't you go see your SO. I said okay. I go down and verify yes I am P&T and sure enough in the letter I didn't get it says my back (which is chronic in nature, 13 years in the making, 2 failed surgery including L3-S1 fusion, I am scheduled for a spinal stimulator because I am in 5 times the pain after this last surgery) has a good probably of getting better down the road. My SO does verify I am P&T. I also have 10 service connections together with many on appeal and have a good chance of getting 100% on the schedule because I was 80% prior to TDIU. I really don't care about the future exam. I am used to fighting these clowns and will win again. It's BS yes but what are you going to do. What troubles me is if I never inquired I would not have known I had DEA and CHAMPVA benefits. Why did I get a different letter than the RO and SO had on file. Then on top of all my troubles here I just go to the RO to get a copy of the decision letter they didn't send me and I have to have a receptionist tell me I'm not P&T when 1 thats not her job and 2 she doesn't have the knowledge to talk to me about my case. I have a VA rep come out and basically say I know nothing and won't say anything. Then he embarrasses me by saying he doesn't want me to come back and beat him with my cane. I thought for once the VA had some integrity by giving me TDIU and P&T which I rate and then I have to find out they hid a letter from me and the VA workers think it's funny I need to use a cane. These people disgust me.

Hey Gousta, What DC did they rate you under?

I'm rated 0% for the chronic right testicle pain and have been appealing since 2001. U.S. court finally tossed the decision. It came about in 1995 while still in the Marines. It seems it was diagnosed wrong as a prostate infection. I applied for sc in 1995 and they denied me. Since I was still normal then I dropped it. Applied again in 2000 got sc and rated 0% based on voiding function or something. Everyone at this point believes it's tied to the back. Bash wrote he thought it was more closely related to a nerve in that area and gave them a dc they could have given me 10% with. Ro flat out disagreed and BVA never mentioned Bash's name. Prior to me getting TDIU in May this year I was 80%. If I can turn all these 0s into 10s along with my back which they only rated 40% after latest 3/12/09 fusion it all goes back to 2000 or 2002. That's 7-9 years of either 90 or 100%.

Oops I meant interpret MRIs

I used Dr. Bash for 2 letters (IMOs). My lawyer was able to have decisions made at the RO and BVA thrown out based on his opinions. I paid $3000 for the 2 letters. He will probably help me get $30-50K in back pay. You do the math! Seriously it depends on your issue. I was able to get TDIU without him but my back was always 20% because I never got full exams and or no VA doctor knows how to interrupt MRIs. In my case he has helped. WIll he help others? Depends...........

No problem! I'm going to get all my 0s into at least 10s anyway. It's all good.

SC at 0%. I have like 5 of those.

Thanks J. yes I have spelled it out black and white for them. Maybe they thought because they gave me TDIU P&T they didn't need to rate anything else correct. This is retro to 2002. I have about 7 sc that are retro to 2002 right now so every 10% counts. I will definitely appeal again. They also denied me 10% for high blood pressure. I have 10 readings on 10 different days where I was either 160 or above or 100 and above. I have been on continuous high blood pressure meds since 1997. It's sc 2nd to my back. Over the years adding mental meds it slowly came down and then when the opiates were added it went to normal 120/80 and sometimes lower. It's proven in the medical field that opiates cause low blood pressure. However, the VA just keeps saying no impairment so you rate 0%. Well the reg says for 10% continuous meds with a history of either 160 or 100 or more. Then it says the readings must be at least 3 on 3 different days. So how does me being on meds for 12 years with 10 readings on 10 different days not rate 10%!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I know for me being DDD post fusion at L3-S1 the nerves correspond right down to where all my pain and weakness in my feet are. I know the tarsal falls within L3-S1 just don't have one of those charts in front of me LOL.

LOL did I say wife or life? Same thing right LOL.

Well here is the thing. They said it was just for the temp 100%. Then they put a statement in my TDIU reasons as my wife can't work and needs to stay home to take care of me...............So we are filing for A&A.................................... They also denied erectile dysfunction from my back and Zoloft. I let my guard down and didn't get a nexus for that. So off to get a nexus letter. Even the examiner put in her exam that I haven't been able to have sex since late 2006............."is this retrograde?"......................... Then of course they said it was subjective and no doctors had given me a nexus. Of course they know that it's quite typical from a severe back issue with neurological damage (not to mention I am 0% for right testicle pain with torsion) that sex just doesn't happen anymore. Then you have Zoloft which I take the max daily is known to cause ED and or erections without climax. Either one takes my sex wife away. I'll keep playing though because it's $89 a month!

Update!!!!!!!!!!!!!!!!!!! Sorry I kept this thread going. I was temp from March to July with SMC based on a sc at 100% and another at 50% and another at 30%. I got TDIU from May 2009 - on I was missing a page from my award letter. They did gibve me P&T with chapt 35 and ChampVA. The SO had it on his. I called the 800 number and they said yes you are 100% P&T.

Yes that's what my denials keep saying Carlie. I'll keep appealing. Anything I get from 2000 - TDIU is gravy.

Actually I was opposite. Broke both feet than got diagnosed with Tarsal Tunnel Syndrome, then got my back service connected. FYI, my podiatrist sent me for nerve conduction studies which came back negative and he said it does not matter to me you still have TTS. I didn't have the surgery though. I would file 2nd to back if feet aren't connected. My lawyer just used a similar line to get both my feet remanded at the U.S. court. She stated the RO or BVA never considered that the disabilities in my feet have increased based on my DDD and back. She stated that based on the fact I have sciatica, shooting pains down my legs to feet, and intermittent numbness of the feet they should consider a neurological rating rather than just a muskoskeletal. I don't know if this helps but the feet and back are definitely intertwined. Even the VA examiners said this when I tried straight and 2nd connection for my back to my feet.

I agree I just got a TDIU P&T win on a Saturday. I believe almost all my decisions have come on Saturdays too. The exception was the BVA.

Hi David, You have gotten some good advice here. I spent years trying to pump up my 7 MRIs. The VA doesn't really care nor would you ever see an examiner that probably even knows how to read one. As said earlier it's all about the symptoms and what rating criteria they use. The 0% for your neurological issues is BS. Even I got 10% at the BVA although the U.S. court just threw that out because they should have rated both my lower extremities. The moral of the story is.................don't focus on MRI results even though VA law says they are supposed to look at the full disability picture.................focus on the symptoms for your highest rating. You have a mental condition 2nd to your neck right? If not file and start seeing a therapist or shrink at the VA. I don't know your whole story but if things get really bad you'll need your ratings bumped up to get TDIU if you need it. I finally just got it after working for nine years in severe pain. I had a surgery in March of this year which was destined to fail. It was an L3-S1 fusion. We all know the more levels the lower the chance of the surgery working. Anyway after the surgery I have gotten worse and became totally unable to work. This is what it had to come to for me to get TDIU. Let me know if you have any questions. I have a ton of time on my hands now and want to give back to Vets. Not to mention over the last ten years I have gotten up to speed on VA law like it's not funny

They are actually getting data quicker to the 800 # staff. I got ym award letter Saturday and yesterday they verified I was P&T. Isn't getting a military ID card part of 100% and not P&T? I thought P&T only gives you the additional entitlement of CHAMPVA and DEA

More BVA Cases: Citation Nr: 0829857 Decision Date: 09/03/08 Archive Date: 09/10/08 DOCKET NO. 01-08 086 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama This case also comes to the Board on appeal from an April 2001 rating decision which granted a TDIU rating, effective June 20, 1997, and established basic eligibility for DEA benefits. The veteran also appealed for earlier effective dates. A personal hearing was held before the undersigned Veterans Law Judge at the RO (i.e., a Travel Board hearing) in December 2002. A copy of the hearing transcript is of record and has been reviewed. Citation Nr: 0604961 Decision Date: 02/22/06 Archive Date: 03/01/06 DOCKET NO. 02-05 066A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas This matter comes before the Board of Veterans' Appeals (Board) on appeal of a September 2001 rating decision issued in October 2001 by the Department of Veterans Affairs (VA) Regional Office (RO) in Little Rock, Arkansas. This decision, implementing a June 2001 Board decision, granted a 50 percent rating for migraine headaches, a TDIU, and basic eligibility to DEA benefits effective from July 11, 1989, the date of receipt of a claim for an increased evaluation. In a February 2002 rating decision, the RO confirmed all of the effective dates as July 11, 1989. Citation Nr: 0701476 Decision Date: 01/18/07 Archive Date: 01/25/07 DOCKET NO. 04-09 252 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, the Commonwealth of Puerto Rico II. Analysis Basic eligibility for Chapter 35 Dependents' Educational Assistance (DEA) benefits is established for a claimant in one of several ways, including status as the child of a veteran who has a total and permanent disability rating from service-connected disability (TDIU). See 38 U.S.C.A. § 3501(a)(1)(A) (West 2002); 38 C.F.R. §§ 21.3020, 21.3021 (2006). In May 1998, the RO granted a TDIU, effective October 1997. DEA was not established at the time because permanency of the veteran's service-connected disabilities had not been demonstrated. The veteran filed a notice of disagreement in June 1998, contending that an earlier effective date for the grant of TDIU benefits was warranted, and that permanency should be established for DEA benefits. School approval forms (VA Forms 21-674) for each of the veteran's dependents were filed in September 1996, July 1997, August 1999, and in May 2001. In October 2002, the Board granted an earlier effective date for TDIU benefits, effective June 1986. In November 2002, the RO determined that the veteran's total disabilities were permanent in nature and established DEA benefits, effective October 2002 (date of Board decision). Citation Nr: 0809977 Decision Date: 03/26/08 Archive Date: 04/09/08 DOCKET NO. 06-09 205 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Phoenix, Arizona In its January 2005 decision, the RO amended the effective dates of the veteran's TDIU to April 17, 2001, because the disabilities that rendered him unemployable had been granted effective on that date, the veteran had filed his claim within one year thereafter, and he was shown to be unemployable as of that date. The effective date of DEA was changed to April 17, 2001, because that was the date of TDIU eligibility.

LOL looks like everyone worked hard today I think the bottom line is that if your TDIU letter doesn't say P&T you either need to have it clarified in writing by the RO or appeal for the benefits. I am interested since I am have only received a TDIU decision that said P&T, what did others decisions say that didn't have the language? My explanation didn't say anything about no further exams or being temp in nature. I mean I have 11 service connections and my back which is the worst has been progressively going down hill for 13 years. I just think anyone who can't work because of service connections rates DEA and CHAMPVA. If the Veteran could work chances are great they would be carrying insurance and putting money away for their kids college. Anyway the queries don't lie. There have been many decisions over the last few years where the BVA equated TDIU and P&T. Hell this is the same court that didn't want to give me more than 20% for my back. I'd apply if I wasn't P&T. You can't end up any worse off than you are today.

Oh yes the letters. It seems where my letter stopped at you and your dependents may be entitled to get a military ID for commisary and exchange privileges, the SOs letter continued you on to say based on your TDIU rating of May 2009 we find you P&T and are entitled to chpater 35 DEA benefits for your dependents.

Hi Everyone, I had the appointment day today and just got home. Now I feel like death but I guess I will take some pills and lay down. I will post links later when I feel better. However, yes it seems it is implied by the court that a Veteran is P&T just by virtue of getting TDIU. Now this is what I saw in the decisions so please someone check my work here. When a Veteran was asking for pension P&T that was different. Some won some didn't. All the disability TDIU ones I saw won. It does seem to make sense. I mean if its temporary which is the opposite of permanent I think LOL then you have to ask because they expect you to get better. Why would they give you TDIU if they thought you could work again? If this was the case give temporary TDIU. 38CFR 4.16 states a total disability rating may be assigned where a person who fails to meet the schedular rating percentage is, nevertheless, unable to secure a substantially gainful occupation. Well I would say that meets the total piece. I guess it just leaves permanent. If it's a total disability rating and not a temporary disability rating it would seem to me the likelihood of improvement is low. Now that I read the permanent and total section in the DEA benefits in the Veterans benefits manual it does not even mention TDIU. Just says if the Veteran is awarded 100% disability rating for a service connected disability without the additional finding of permanent and total, the Veteran may appeal the order to obtain a finding that is permanent and total. I guess that means us TDIUs are special LOL. Total from the start right. More *ucked up language from the VA. I'll find more cases but I need to lay down I'm really hurting. Here is one though. BVA Cases: Citation Nr: 0909425 Decision Date: 03/13/09 Archive Date: 03/26/09 DOCKET NO. 06-21 595A ) DATE In an August 2003 rating decision, the RO granted the Veteran's claim for entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU), effective from May 5, 1993. That decision further awarded basic eligibility to DEA, also effective May 5, 1993. The RO provided notification of that decision on October 3, 2003 to the Veteran, and which explained to the Veteran that his dependents may be eligible for DEA and enclosed an application for purpose of filing a DEA claim.

Hey Everyone, You have to love the VA. I sat ariund alkl weekend freaking out that I got TDIU but not P&T like my SO said. Well guess what????????? I didn't get the same letter he did!!!!!!! I am P&T and now I can provide my family insurance and money for school. I need a vacation. I'm 37 but I swear I have aged 20 years in my 10 year fight against the VA. Thank you everyone. Berta thanks for responding quickly as always.

Yeah I knew it was something like that. They tried saying that I didn't take any steroid pills like the asthma rating but looking again at the rating it doesn't say topical or oral.

Does anyone remember the reg that states even if a rash or in my case eczema is not present on an exam or not to the extent to be payable at 10% the Veteran gets the benefit of the doubt for flare ups because I can't be with a rater 24/7? I have been service connected for eczema since 2002. I have appealed all the way and they won't give me a little 10% rating for it. I have been diagnosed many times in and out of the VA with it on my hands, arms, chest, and scalp. You only need 5% cover to get 10%. I also have been using steroid cream for the condition everyday since the 1990s. I had a DAV SO tell the RO once that under some reg for skin aliments gave the Veteran the benefit of the doubt that during flare-ups the 5% would be reached based on my history. This was during an RO hearing. At the time I didn't care much because the DRO said yes he rates 10% based on *********. Then after my hearing I receive a rating stating I am still only 0%. I can't find this reg in the transcript and the SO is gone now. Anyone have any idea what I am looking for?

Everyone ready for this LOL. So I get TDIU back to May of this year. They provide no verbiage as top whether I am P&T or temp, etc. So after talking with Berta and from what others have said I need to ask for P&T. This is of course so I can get CHAMPVA and DEA for my family. I even consulted my VA manual which states the same thing. Basically if they don't say P&T your not and you need to ask for it. Okay so I know what I need to do. Berta advises to look at the BVA and the U.S. court for decisions so I can slam this thing shut. Guess what? Every case that I found in 2009 and 2008 all were ruled the same way. It was Veterans asking for DEA or CHAMPVA. The BVA ruled everytime that when the Vet recieved TDIU they were considered to have a P&T disability hence they were entitled to DEA and CHAMPVA. So the way I see it you either ask for P&T or you apply for DEA and or CHAMPVA and let it go to the BVA on appeal and they rule in your favor. They basically stated that you would not have gotten TDIU without having a permanent disability that is expected to last the life of the Veteran. Another wonderful day in the life of a disabled Vet!!!!!!!!!!!!!!!!