tk3000

Gastone: I filed a claim for IU, which then was denied and subsequently I filed an appeal (which should but did not go through the BVA, but went through the DRO) and a new C&P was requested for which the examiner gave a very clear cut opinion in my favor; and as a result I was granted the IU. But note that between the initial filing of the IU, its appeal, and final decision, I did have gainful employment (making about $22 p/ hour providing system support) for a few months. What did you mean by “The "Gainful Employment Income" is no longer necessarily pegged to the "Single person Poverty Level Income.”? The claim for GERD went through several momentums (dating back to 2006), none of them were good though: initial filing of claim with a 10% award; then appealing the claim and concurrently during the development of my appeal I pointed out the clear errors and mistakes committed by the rater (which even lack understanding of the terminology used by the examiners), subsequently the VA sent me a letter indicating that my appeal could be turned into a CUE. Given that I was told that CUE would be swifter than an appeal and since the VA RO itself admitted the CUE based on my evidence, it seemed a non-brainer that they would make a proper decision this time around which turned out to not be the case, after all this ordeal I ended up missing the deadline for an appeal and had to file a new claim for GERD in 2009. The current BVA decision thus goes retroactively to 2009 (same thing to the left Ankle decision) which altogether may provide me with a 3 months of a small retropayment. Carlie: It is very difficult to obtain 100% compensation by the regular schedule given the acrimonious algebraic equation that the VA utilizes; on top of that there is remarkable unfair, unjust, and unequitable difference in the VA disability ratings (from 90% to 100%). So, the answer is no; it does not put me at 100%, and the only reason I have 100% now is due to IU. Berta: yeah, that is part of the uncertainty I facing up by now. I should get a small amount of retropayment given that there has been a final decision without any somber or traces of doubt relayed by the BVA, but then with the remand thing I do not how it would be. Still, I would not expect the retropayment for a future BVA decision regarding my early effective date for the IU going too far back (to the date of my initial filing of the claim), given that I did have gainful employment at some point between the initial filing of the claim and the appeal. Unfortunately I do not have the BVA awarding and decision letter with me as of now (I am away from home [Lansing, MI], and currently I am Columbus, OH), but I will scan and posted the documents here in a few days. All in all, the misdirection and misrepresentation of the then crucial information is thing that strikes me the most: at first I communicated to my VA representative that I would like to file an appeal regarding the decision of the GERD and the left ankle, but I was then told that I could not proceed in doing so given that I already have been awarded 100% on bases on IU; so I only filed an appeal for an early effective date for the IU. At the end, for my surprise, I got a proper and favorable outcome for the GERD and Left Ankle claims from BVA as well. More power to the the BVA.

Maybe the title of my post is a misnomer, but that is how it seems to be ending on my end. In the past, I herein posted about my GERD appeal which then was turned into a CUE (Clear and Unmistakable Error) by the VA itself during its appeal phase (assuming the CUE be faster I took it, and against all odds it was decided against me once more), then as an appeal (not real appeal, but an Appeal decided at Regional Office Level by DRO) yet again just to be decided in a deliberate, unscrupulous, snobby, and dismal way to remain at 10% whilst all the evidence and facts clearly indicated otherwise. These individuals who work at the RO adjudicating claims lack even the most basic understanding of the norms, rules, regulations, and laws; on top of that they also lack even the most basic code of ethics and moral values to conduct any diligent, respectable, and reasonable decision making process. They are individuals whose educations consists in an array of very basic unappealing and easy going social sciences curriculums (sociology, psychology, etc), and the only real job they would otherwise get – if it wasn't for the VA and its veterans -- would be as a cashier in a supermarket. Within an environment where there is no accountability and concomitantly permeated by a culture of impunity they strive at long strides in denying claims to veterans thereby increasing their level self-importance and self-esteem to whom the balance of power may even decide the life and death of a fellow veteran suffering from a myriad of ailments. Such individuals are clearly unfit and unsuitable to this position and should face criminal charges for their actions. My GERD claim is a testament of that. The BVA not only granted me 30% for the GERD condition, but they made a clear statement of the case indicating that: “there is more than substantial and substantive evidence to grant the veteran 30% for his GERD condition”. Ultimately this does not change my rating given that I already have 100% at this point in time, but serves to showcase the distraught disgrace that the adjudication process within the VA. But the interesting fact about this story is that on occasion of receiving the 100%, the RO deined the GERD at 30% and the Ankle at 20%, granting me the 100% due to IU. I then indicated to my VA representative that I would like to appeal the GERD and Ankle cases, and he told me that I could not appeal since I was already given 100%, although I could appeal the earliest effective date for my IU and so I did. So, to my surprise, I received a letter from the BVA few weeks ago indicating that they granted me 30% for the GERD and 20% for the ankle, the letter also indicated that the appeal for the earliest effect date for the IU needed more evidence and thus was been remanded for the RO. I would imagined that I would get a small amount of retro payment due to the increase in the GERD condition, but with that remanded thing I do not know how it would actually work .

Chuck75: Thanks for the heads up. Hopefully, it will come to fruition this time around. Jim: thanks for insider's view of the Space A use. In this country there is a huge vacumm in terms of regional public transportation (where is the high speed rail), and air travel - specially air travel involving relatively short distance and not involving main airports -- can be extremely expensive and unreasonable. I am even considering the purchase of a small cessna in spite of the costs and perils of owning an aircraft.

As a follow up, I sent an enquiry via email to a military air facility: The following is their response: The FY 2013 National Defense Authorization Act (NDAA) allows Secretary of Defense (SecDef) authority to re-establish a space-available travel program; prescribe regulations; and provide transportation to "other categories of individuals as the Secretary considers appropriate". Currently it is under review with results due to SecDef in August for his consideration. V/R, Passenger Policy and Fleet Mgt Branch HQ AMC Scott AFB, IL 62225 A4TP Org email: ORG.AMCA4-71@us.af.mil

Wow! These are resounding good news! Strange that – doing any search - I do not find any article or anything mentioned these uplifting news; mostly I only found relatively old news about the absence of these benefits for 100% disable vets. But then, by now I would assume that the service is fully operational. I never actually used the Space A while in the service, so I really do not know much about it. How easy would it be to catch a plane (assuming I have a flexible schedule: like been able to take the plane to a given destination in any day in the space of a week)? How many routes are out there? I look up some info and could not find anything about flights from central OH -- there is a major Airbase in Dayton, OH – so one would expect to be able to fly from there. With airplane tickets insanely high due to lack of competition (where are the bullet trains?? we are still using 18th century trains over here), monopolistic practices (Star Alliance), and virtually no other alternative but driving continental distances... the extension of this benefit to 100% disable veterans are refreshing news!

Papa, I will put Elmendorf AFB, AK, in my future travel plans! I know that sort of thing varies: different locations with different policies, etc. I will call before, and double check everything.

Thanks! I will look into that app for android. Unfortunately, I can not fly AMC Space-A since I am not retired (there is a petition around to support that, and some lawmakers tried to pass legislation without success). Sure, I will send some pictures once I am there (keep finger crossed)!

Hello Folks, Not sure if the topic/thread is a good fit for this sub-forum, but I could not find any better fit. Recently I got my TDIU rating, and alongside my new rating come some extra benefits, such as lodging at Bachelors Party/Billeting, etc, in military installation in the US and overseas for a much lower rating of a hotel/motel. So I was wondering whether anyone around here would have used such perk before; and how easy, available, and accessible would it be. I am mostly considering spending some time in Germany. Any input would be greatly appreciated. tk3000

chuck75 & broncovet: Yeah, I got some amazing thoughtful advices here! I talked with my VA representative (the one who sends my paperwork, assist me, and gives me assurance), and he indicated that it is very common for the VA to give an earlier date matching an exam's date in such cases; also he indicated that normally he would appeal such decision and more often than not the veteran would get an earlier date. The mainstay in our case is to purport the time that I worked in 2012 as an attempt to work. Besides the C&P doctor used the time I did work in my favor: indicating that I could not hold the aforementioned job in function of my service connected issues. I have all the medical records and a copy of the documents I used to file the initial IU claim, and the subsequent appeal. Note that the first C&P examiner did not pose a favorable opinion towards my IU claim, so I am shooting at getting retropayment going back to my last day of work. And the second C&P examiner posed a positive diagnostic and prognostic opinion towards my case, but she did not specify any date -- it allusions to a date though, when it defines my temporary work as an attempt at working and subsequently indicates that I was unable to keep such job position due to my service connected disabilities. So, I simply appealed to an earlier date.

arknod, thanks a lot for the great advise! I will contact a the SSA today!

I filed for TDIU when I was unemployed about 3 years ago. Initially it was denied, then I appealed and have another C&P, etc. During these extensive 3 years period I did seek employment and eventually hold a job position for a certain amount of time (Aug-2012 to Dec-2012). In May of 2012, I received a letter from the VA indicating that they scheduled another C&P exam for my pending TDIU appeal, and few weeks ago I received a decision letter indicated that the appeal for IU had been granted. It is my understanding that in order to receive Social Security one would have to work a certain number of years. It turns out that I lived most of my life overseas, so I never contributed long enough to qualify; at least that is what I was told, but I never applied assuming that I simply did not qualify.

john999: Yep, I am considering an appeal to the date my job was terminated (December, 2012)

Navy04: Thanks for the heads up and warning. I know the VA is very dysfunctional, combative, error prone, and subject to a null or no accountability: overall a national disgrace in many respect as hailed by the media. Also, I realize that I was fortunate in getting a positive outcome, but all the evidence was on my side this time around (they would have a very hard time denying it). Beside the rating is considered permanent for most part, so the chances of they reverting it is very low

Asknod: You made very points. As a matter of fact, I did work (not in an optimum way by any means, but still...) few months in 2012 (from August to December) as a government contractor providing system support for the DLA. Could the fact that I worked nonetheless during the intervening period weight against an earliest date: meaning that the earliest possible date would the date I terminated my job, in case I decide to pursue an earlier date. By the way, I don't qualify for SSA (did not contribute long enough). So that argument is not an option for me.

Berta, Unfortunately I do not qualify for SSDI (did not contribute long enough). So that argument is not an option. Last time I talked with Voc Rehab counselor, she was very nice and willing to agree upon my educational goals; but then it was previous to that TDIU decision and I have not talked to her ever since. So hopefully the TDIU will not get in conflict with my Voc Rehab perceived eligibility (which I assume should not given that even the independent living program approbates and purports, among other things, the following: “live independently and participate in family and community life increasing their potential to return to work”) Thanks, I am relieved since I got it; just that I was expecting more in the terms of retropayment.

Thanks for your input. I accept their ratings, but I simply do not accept the fact the the retropayment did not date back to the filing of the original claim. Based on that premise, all decisions for any claim should go back to the C&P exam date instead of the date of original filing.

I got my 100% IU appeal for what have had yet another (second) C&P exam in May of 2013. The good new in this case came along with not so good news: apparently the Detroit Regional office interpreted that the claim for IU that I filed about 3 years ago, and for what I filed a substantive appeal about 2 years ago, simply did not qualify for a retropayment going back to date of the original filing of the claim (3 years ago). My understanding is that the retroactive payment ordinarily goes to the date of original filing of a claim, and not to the date that the second C&P exam (for which the examiner posed a favorable opinion towards my claim) took place (May, 2013). The following is the VA's rational (via IRIS exchange): “ Thank you for your advising that you received the notification letter. An appeal for Individual Unemployability (IU) will go back to the date the evidence shows that you are unemployable. Your letter indicates that you had an examination on May 16, 2013. The examiners summary is provided on page 3 of the reasons for decision section of your letter. Your letter states the following: The criteria for entitlement to individual unemployability benefits have been met. VA grants this benefit, effective May 16, 2013, the date on which the veteran met both the schedular and unemployability criteria under 38 CFR § 4.16, as per 38 CFR § 3.400. “ The examiners's opinion bumped up one of my service connected conditions to 70%, and clearly stated that my conditions would affect employability. But the claim was originally filed about 3 years ago, so I did expect to receive payments retroactive to 3 years. . Any insights would be greatly appreciated. -tk3000

Berta, thanks for you complete compilation of very useful information. I talked to almost every VA employees and school certifying officials, most of them simply do not know; and the ones (IRIS contact) that seem to know are simply not sure and states that only after applying for the Post 9/11 GI Bill I would know whether or not I would qualify for an extra 12 months, or if I would otherwise qualify for nothing since I have already used up 48 months of entitlements. It is really difficult to make decisions based on the unknown. Who would be the VA EDU person? The Vocation Rehab counselor; if yes, then I would say that my experience with them is not a good one either: they do not seem to know much, but the trivial, and often they would play games and lie to me in order to manipulate the situation. You definitely should consider new educational endeavors, it is always an enriching learning experience. I went to different colleges and universities, later went to MSU (Michigan State Univ); but by far the greatest learning experience I have had was with my books and taking online classes at the MITx (MIT online and Edx) and Udacity (another online initiative) spearheaded by the Stanford Professor Sebastian Thrun. The good thing is that some of these top notch classes are free of cost. Traditional education is also important though and necessary. It all boils down to the misinformation and wrong information that was given to me by the GI Bill call center's representatives: a long time ago when inquiring about my situation and clearly stating the fact I had used Chap 31 (Voc Rehab) and also have used about 36 months, they simply stated that I would still get an extra 12 months of post 9/11 GI BILL once I had completely exhausted my Mont. GI Bill. Moral of the story is that the VA is amoral. A VA agent whose training and work consists in providing you with information about such benefits simply will give you completely wrong guidance and information, so at the end you have to fend for yourself

Hello Folks, I have a situation that is somewhat complicated and I could not find a clear cut answer of any kind. Have been discharged in 2004, so no Post 9/11 GI BILL available. Once I was discharged due to a service connected disability I applied for the VA Vocational Rehabilitation, and used about 40 months of the Voc Rehab. I was not aware, and was never told that by using the Voc Rehab one would be using up the GI BILL education entitlements as well (seems a non-sense and very unfair). As of now I have used almost 48months of entitlements (about 4 days left). After having exited the Voc Rehba, I started using the Mont. GI BILL for a while since I was told that one would need to exhaust the GI BILL to be eligible and to maximize his/her 9/11 GI BILL benefits, and that once that was done one would have 12 months extra of 9/11 GIBILL (despite the established overall limit of 48 months). I contacted VA's different departments and they tell me that since I have used up almost 48 months, in case I apply for the 9/11 GIBILL I would only be entitle for the remaining of my benefits (in other words, 4 days); but then they tell me I should apply to see if they would grant me the 12 months of 9/11 or not. I know for a fact that the Voc. Rehab can provide benefits way in excess of 48 months (some have used for a bachelor, med school, and beyond), but that is Voc. Rehab. GI BILL is a different story, and it is not clear what would the best approach for a favorable chain of events and outcome. Should I apply for 9/11 once I completely exhaust the Mont. GI BILL (only 4 days left, thus with 48 months used), and then expect to have more 12 months of 9/11 GI BILL once I apply for it; or should I simply apply for the 9/11 GI BILL before completely exhausting the Mont GI BILL, and then subsequently apply for Voc. Rehab in order to have more benefits and an initial higher allowance? thanks for any input, tk3000

Just a heads up, and confirming the whole PDBR schema; I emailed the PDBR itself and obtained the following response: " The Department of Veteran Affairs' (DVA) letter was sent to you to help ensure you know about your Physical Disability Board of Review (PDBR) opportunity; which is separate and independent from submitting a DVA disability claim and does not change your DVA disability ratings. If the PDBR finds that your military disability ratings should be increased to 30% or more and this recommendation is approved by your former military service, then you will receive a military retirement and access to all benefits to include TRICARE Health Care. The PDBR cannot lower your military disability ratings or change your Department of Veteran Affairs (DVA) disability ratings. Please see www.health.mil/PDBR for more details. To have your military disability ratings reviewed, please fill out and sign the two forms (DD Form 294 and VA Form 3288) [also found at www.health.mil/PDBR (please see “How to Apply”)], then mail them to: SAF/MRBR (CITU); 550-C Street West, Suite 41; Randolph AFB, TX 78150-4743. You also have the option to send supporting documentation (statements, briefs, medical records, affidavits), but you do not need to send documents or records that are already included in your Military and VA medical records because the PDBR will collect these records. You do not present your case or write a package. The PDBR does all the work. "

From my experience the 800 no. representative does not provide any pertinent or relevant info about claims/appeals, and nowdays the only to reach them is using the call back feature. The IRIS used to be the best of the bunch, but now it is extremely slow (last time I sent an inquire it took over a month to obtain a simple response) and provides contradictory information and nothing of substance as far as claim develoment goes.The Ebenefits portal is nothing but a non-sense disconnected joke. One has to wonder why the VA is so dysfunctional...

Thank you Berta, Apachegirl, Philips, justrluk for the inputs and insights. Previously I was not aware of that CRDP (Concurrent Retirement and Disability Pay criteria (passed recently [2004] and due to phase in). I have been in the military for less than a year, and that would disqualify me based on the 20 years retirement+disability factor; but I have a 80% rating by the VA thus qualifing for CRDP under the criteria of Service Related VA disability rating of 50% or higher. The following is also interesting: “veterans rated 100 percent disabled by the VA under the unemployability code (UI), will now receive CRDP “ Does that mean that a veteran rated 100% for IU is eligible to receive their 100% pay + Retirement pay concurrently? That is a positive development. It certainly is worth a shot, the 10% rating granted me by the MEB was a non-sense to say the least (I have had several surgeries, and lots of hardware implanted in my leg, etc). So, if they grant me 30%, instead of the 10% originally awarded by the MEB, I could receive the 80% currently being received plus retirement pay at the same time? That would better than a single 100% rating I would imagine.

Hello Folks, Few days ago I receive a letter from the VA (not the Detroit Regional Office, but from a VA center in Texas) mentioned a the possibiolity of a reevaluation going on in parallel with the traditional claim/appeal process which we all know is very anachronic and dysfunctional. To make things confusing the title of the evaluation is “Physical Disability Board of Review” which sort of alludes the so called “Physical Disability Board” (Med Board) from while I was still in the military whose rating consists in giving 10% to everybody eligible (unless the candidate has lost a limb, or something visuall too severe to be ignored). I was discharged in 2004, and was first awarded a rating circa April/2005. Over time have had several claims and appeals, and currently I have 4 appeals (one for IU). I have had C&P exam about 6 months ago at request of the RO regarding one of my appeals (even though the appeal was supposed to be decided at the BVA level), examiner posed positive and favorable opinion regarding my appeal... but the regional office simply has done nothing as far as in terms of arriving at a decision (even though the appeal was a traditional appeal (BVA), the RO stated that they would try to come to a resolution/agreement before it was sent to the BVA, thereof another C&P was requested). As of now I stuck waiting, and original claim was filed in 2009 with subsequent appeal filed in 2010. So my primary question would be: can the PDBR review a VA's decisions, or only decision made by the DoD (Med Board during military time). IThanks

Anyhow, thanks for the inputs! It made clear for me that I do not need a VSO at the regional office.

As of now it seems impossible to reach the VA by phone (and even if I reach them, they are not knowledgeble at all, but at least they have access to my claims/appeals status). As far as obtaining updates about my claim/appeals on Ebenefits... it is an appeasing disconected disconcerted thing. I did not have much of a problem calling the VFW or American Legion at the Detroit Regional Office (early morning). I have all my medical records, notes, documents, C&P, etc. The only reason to have a VOA from my perspective is in order to obtain updates about the status of my claims/appeals, in other words to know what is going on with my claims from a non-VA source. IRIS is the only alternative now, but it is also very slow and it is a VA source. Opening Inquires with my congressman is my best bet by now.