10thFO

Just a follow up to my son's situation, the school's financial aid office had done their job, the hold up seemed to be at the Buffalo, NY RO. Go figure. But a call from my son's Senator back in Virginia, got the first checks paid at once within about 3 days. Called the ex this morning to make sure his money went in today, and she verified that it did, and that it hade gone from $1298 to $1401. So they have already added a COLA of 7.9 for the Chapter 35 for this year we are in now. Thanks for the advice, just wanted to advise that it is finally up to date.

Need some help or guidance, So my 18 yo son just went to college this August. He has yet to recieve any of his chapter 35 bennies, which is just for Room and Board, but it's still 1298 a month. Currently my ex wife and I have put it on credit cards or anything that works. The college Veteran financial persosn, sent the letter in proving his enrollment, but here I am October 3 and still no money has showed in his account. He has to pay it with the money they put in his account. I can't find a phone number or anything to try and assist him. Even called my SO and he claims he can't help with education stuff. Just looking for a lead as to a number to call, or a lead. Any help is appreciated.

I've been TDIU, since 2004, and last year, I knew my son was coming up near college time, so I pursued filing for an increase, and to ask for P&T. It's been a long haul, and I put it off for awhile, because, well, went through a divorce, and I helped some vets at a Vet center, and in the end, I remembered the stress of fighting with the VA, but I knew that I had to do this for my son. The state representative tried to persuade me not to push in case I got reduced. Told him I wasn't worried about it, as my health had gotten a lot worse. Well as soon as he digs in, he thinks I have a CUE claim, which I think we will still have to fight. I did get an 80% rating on the claim that they denied before as it got worse and now I have a loss of use for my left foot. So I got a letter, that I'm now 100% and it is P&T. Whew, I've been overwhelmed for the last week. Now I still have a question or two. One, my son is 16, and now eligible to be on CHAMPVA, he's been on his mother's insurance as all I had was VA before, and her insurance isn't that great since it's in a small company. Is it possible to drop his insurance or will they make her keep it even after he gets approved for the ChampVa, I know that he's eligible for it as well as the education benefits, but his current insurance is really crappy. Any advice or answers? Also, not as worried about this, I'm not dead, but am P&T now due to SC. Wife got remarried, and is now divorced again, younger than 55, is she eligible now for insurance as well as a former spouse? The rules seem to conflict with the wording, so thought I'd ask here, cause I really don't want to ask my Service Officer, because I can foresee him blowing it off and tellilng me to be happy. I told my ex wife I would ask, and if she was eligible I had no problem with it, but I needed to ask some people that actually knew the answer. Anyway, I'm very grateful that I finally got what I felt I deserved for a long time. Hope everyone is doing well. The burden has finally been lifted. Woohoo.

Honestly, I don't think you can get the 100% for PTSD if your still working. If you look at the criteria for 100 PTSD, it's pretty much "you're a hermit, you can't leave home, you can't function with other people, you probably can't handle your own finances". Just my opinion, but one that I've heard over the last 10 years though different counselors. I wish you the best with it.

Thanks for the responses. Berta. I do have the vets permission to post his denials. I will try to do so this weekend, but I'm also waiting for him to bring me in the rest of his records as to what SS granted his disability on. As for the lead level in the blood, it's a pretty much given that the lead in his body has elevated his BP and cholesterol, he was shot in '79 so given the chronic issues of it and the fact that it is still at a level of 13 out of a possible 20, is still pretty alarming. Half life for lead is 75 years in the body, supposedly. I will post the full denials this weekend, when I have all information, I have found this case to be very intriguing to say the least. Just wasn't sure if any of you had ever seen this type of questioning before as to the bullet fragments causing other ailments. I will update. Thanks again.

So here is the situation. I'm helping a Marine, who was shot in the ankle in November of 1979. He was boarded out, and currently gets 40 % . He receives SSDI as well, and he recently filed for PTSD only to be denied in December of this year. Here's where it gets interesting, he's trying to pay his child support, so he looked into doing the Ticket to work program through the SS. They told him he was ineligible because of the findings that gave him his SSDI, standing restrictions and different things. But come to find out when he was seen by a private dr. That helped to get the ssdi, it was found that he still has lead shrapnel in his ankle. They got the majority of the bullet out, but there is still fragments in his bones of the ankle. His lead level at his last bloodwork last fall was at a level of 13 MCG/DL. Only 1% of Americans have a level over 10%, his last BP was 195 over 95 which of course led to a change in his medicine, but there are many other conditions that lead poisoning can lead to. So now we are at the level of, should we concentrate on the opinion of the VA doctor, that his drinking is not due to PTSD, but in the words of the examiner that began before he suffered the gunshot wound. Explained that it is at least as likely as not thaqt even if you did not suffer the wound you would likely be dealing with chronic substance abuse issues and a secondary depression. You alcohol abuse began while in the military, service Conn. Cannot be granted for a primary dis. Of alcohol as this is considered willful misconduct. Or should we just pursue the lead toxicity issue, and it s connection to his hypertension, neuropathy in his lower left leg, and also his arm, plus any other things we can connect such as his migraines and a few other medical issues. He does have children of the age of 14 and 16, so connection for the hypertension, would prove vital if we can get him to at least the unemployable due to his injuries that the SS already considers him for. Thanks in advance. I'm doing some volunteer work now helping Vets work on their claims, and helping guys secure housing, after separating from the military. I tried searching for lead toxicity on the site but couldn't locate anything.

Your forgetting, that some people can get to 70, 80 or 90 percent, and still capable of working. When your talking about PTSD, that's a different ball of wax, but I know some guys with TBI and PTSD, as well as some guys who have lost limbs, and they get their disability and are still working. I have no problem with the aspect of TDIU, but I agree, if the severity is there they should rate it P&T. I have a friend that works at SSA, and she told me that with my award from them, that I'm not scheduled for a review, so in essence, they granted mine with the idea that it was a permanent condition. Then again, there system seems more cut and dried that the VA's.

Okay guys, I found the VA 21-4138, thank you Carlie. Please look at this letter, and see if that is succinct enough, or if I should change. Sorry I need my hand held on this, but it is causing me some anxiety, or maybe it's the coffee this morning, :). I am writing to ask for a rating of Permenant and Total as it pertains to my current rating of 80% TDIU. I have been at this status for 10 years now and have shown no improvement. I have been through two in patient programs for my PTSD, the latest being in Dec. of 2011. I also was awarded Social Secutirty DIsability in 2007 for my Post Traumatic Stress disorder. I am enclosing my award letter for the PTSD throught the Social Security Amdinistration, along with the questionairre that my in patient Doctors on the PTSD ward at the Salem, Va. VAMC filled out for the SSA, in regards to my PTSD, and inability to work because of it'sw restraints on my daily life, and abitlity to maintain work.

Hello everyone, hope it's a good morning whereever you maybe. Low Down, I was awarded TDIU back in '09 dating back to Oct, '04. I have been through another in patient for PTSD since then, and was awarded SSDI as well for my PTSD. I recently moved to upstate NY from Virginia, and want to go ahead and apply for P&T. One, what do I need to do to do that, just file a SSOC, since my claim has been closed for 5 years now. Two, should I submit my form to the nearest RO in NY, or should I go ahead and just submit it to the RO that did my original claim, Roanoke VA, VARO. Any advice would help, as I'm feeling a little overwhelmed by this again. Went through a divorce, and trying to get my son's educational benefits lined up. Thanks again for any help. Happy B'day to my Marine buddies out there.

Thanks everyone. I wasn't infantry but was attached as an artillery guy to them. Therefore I had to use my awards for my stressors, but these guys have the CIB. I just wanted to make sure something didn't change. I know he will have to get evaluated by the C&P doc, and also mental health records. but I just wanted to verify before I contacted my friends mom. He's been off the grid some, so I'm sure little setbacks will get him spun up. Just wanted to check my p's and q's before advising.

Hello all, it's been too long since I've been here, but I have some combat buddies who I served with 20 years ago, that are finally being slammed by PTSD. Most of these guys were awarded a CIB for our actions in combat, along with other various awards, but it seems someone at the VA is telling my friend that he needs buddy letters to support his claim. I thought that a CIB one was a no brainer because only awarde in combat to infantry, and the fact that we were awarded a Presidential Unit Citation, would at least approve him for 0% rating at worst. I have to contact his mother later as he has been in rehab and off the face of the earth for the last year, but I'm just trying to clarify this before responding to her.

okay, an update, the paper that soldier signed for the CO was about not re-enlisting, but was in fact for misconduct, or a possible pattern for misconduct. Sorry to confuse. but I just got this today. I dropped out some after fighting for my benefits so hard, but I am still getting my care at the VA, and I am starting to feel that i can help other Vets now, without getting dragged back into my past. I'm just trying to live my life now, but like a lot of you, there is nothing that inspires me more than a fight with the VA. After proper vetting of course.

I sent this Mom, here to ask for advice. Told her about the wealth of knowledge on here. Herein lies the current situation. unfortunately the soldier did sign the paper denying himself re-enlistment because of a Personality Disorder. So now we aer at the point of how do we stop the process. Soldier signed the paper, doing what he had been instructed to do by his commanding officer. For enlisted personnell obviously when the Captain has you in his office you lock up, do what he asks and step out with a quickness. Soldier already goes for treatment once a month to mental health, is there a way to get records to see if someone has actually listed him with the PD now? Hard to see how you can be changed from a PTSD diagnosis, especially that when it comes to PTSD with the VA, a Purple Heart is an auto qualifier (I am correct on that right?) as far as the potential being there for it. Also soldier got cold clocked in the barracks a couple months ago, broke a jaw bone, and lost some teeth. Filed a complaint against other soldier. Was told not to do it by superiors, and subsequently was given 5 negative counseling statements within the following week. All at a time when said soldier was adjusting to a new medicine. I know there is a difference between what kids tell their parents, but I think there is a legitimate concern here, I'm just trying to stop the kid from losing his honorable discharge, so he's still avaiable for the benefits he rightly deserves now, especially since he's an infantryman, and saw combat duty in Afghanistan. Does the young man need to go to the IG office now, and tell them that he signed the paper, because his CO asked him too, and that he doesn't know what to do, but that he is being seen for PTSD, not a "personality disorder". Remember if he gets less than an honorable discharge, he isn't eligible for the VA home loan program, or any state benefits taht he could be awarded as well. A truly concerned friend, as the parents brought the son to meet with me, when he was wanting to join.

J92Mike, be glad it finally got out of Roanoke. They are a complete clusterf*$# now since they have moved into the other building since Poff Building is under renovation. I'll be amazed if they don't lose at least 10K claims folders. they have had a 52% increase in backlog since '09. Jeez.

Honestly, if this is the event, that you know, causes the most pain, if you want to be serious about your claim. You need to detail it. That means siting down and spelling it out. Not allowing yourself to say, I don't want to remember this. Mine runs back at me weekly, but I wrote it out, and I had no problems with getting a Service Connection. It took me 8 type written pages to get through it, but it was somewhat of a catharsis for me as well. It allowed me to recognize, that what i went through was very traumatic, and to see why it was bothering me. If you want to try and skirt the issues, that may or may not work, but if you tell the truth, it will move the rater that reads it. I went to check on my file one day and the guy told me, I'll be back in a minute. 20 minutes later he came out and got me. Told me he had read about my experience, apologized, told me that he thanked me for my service, and he only had a few questions for me. I was glad I had faced the pain at that point, because I had to look at myself to realize what had happened, in order to truly make anyone else understand the pain.

Congrats on the proper finding. I hate calling it a "win" (but when you have to fight for it so long, it definitely is one), but it is a well deserved recognition. Just take your time with it, after a win like this reality can set in, so make sure you have your network of friends ready.

Thanks guys. definitely no improvement, and just did the advanced in patient PTSD program back in december for 5 weeks. I had held off on pushing anything since I know there a lot of vets who need their claims done, and had a friend that was working at the RO that told me I wasn't eligible for P&T a couple years ago, so never pushed it. I will start up the old gears of motion this weekend, LOL. Toothbrush in hand, I will battle the windmill again....... In requesting P&T, should I just send a letter, including the info diagnosis from my latest VA in patient PTSD program along with my SSDI award letter that was granted based upon the 3 Dr.'s in the first in patient program I went to? Or do I need to file the form for an increase in benies?

Wings, on 28 January 2011 - 11:12 PM, said: x x x See Attached Fast Letter DoD instructed its facilities that “honorably discharged veterans determined by the VA to have a service-connected disability of no less than 60%, but rated 100% disabled based on individual unemployability are entitled to MWR, Commissary and Exchange privileges.” This instruction isstill in effect. Okay, I know I'm late to the game here, but I believe this is what I have been looking for. This year I got a letter stating that I was 80% service connected but 100% TDIU, due to unemployability when it came to a new law that the state of Virginia had passed for Veterans that were 100% getting a real estate tax exemption. (in Va. you have to be all or it's nothing, no step down basis in tax relief). So after recieving that I finally got property tax taken care of. I called the VARO today, and asked if i was marked as P&T. Answer was no, but felt I should ask. I have been interested in wether I could get an ID card or not, because Ft. Drum NY actually has a pretty decent MWR program, and I have a cottage up on Lake Ontario, and could use some of their resources there. So if I print out this letter, or call the VARO and inform them that I need one of these letters/form for my PX privileges I would be eligible. That's what I'm reading, but I know the difference between what I read and what the VARO's will approve. Anyone else with experience? As a secondary issue, my TDIU was back dated to 2004, is there anywhere I can find out about the 10/20 rule for myself and my wife. With the PTSD rating, I can't afford the life insurance rate of over 2K a month, so wondering if I should apply for P&T now, or just wait for year 10 to see what happens. I'd like to see that my son's college is paid for and he will be 8 this summer. So I can't wait for 20 years to hit, in case I pass before then. I found this fast letter from Wings from over a year ago, and wonder if this will suffice to help me out. FastLetter_06-271.pdf

Okay, I know I'm late to the game here, but I believe this is what I have been looking for. This year I got a letter stating that I was 80% service connected but 100% TDIU, due to unemployability when it came to a new law that the state of Virginia had passed for Veterans that were 100% getting a real estate tax exemption. (in Va. you have to be all or it's nothing, no step down basis in tax relief). So after recieving that I finally got property tax taken care of. I called the VARO today, and asked if i was marked as P&T. Answer was no, but felt I should ask. I have been interested in wether I could get an ID card or not, because Ft. Drum NY actually has a pretty decent MWR program, and I have a cottage up on Lake Ontario, and could use some of their resources there. So if I print out this letter, or call the VARO and inform them that I need one of these letters/form for my PX privileges I would be eligible. That's what I'm reading, but I know the difference between what I read and what the VARO's will approve. Anyone else with experience? As a secondary issue, my TDIU was back dated to 2004, is there anywhere I can find out about the 10/20 rule for myself and my wife. With the PTSD rating, I can't afford the life insurance rate of over 2K a month, so wondering if I should apply for P&T now, or just wait for year 10 to see what happens. I'd like to see that my son's college is paid for and he will be 8 this summer. So I can't wait for 20 years to hit, in case I pass before then.

Phillip it might be challengable, but the DSM IV R has been based upon many findings. I would hate to think that I would be the person, that would challenge it and lose my benefits is all. I have a friend taht works at SS, and she told me that I could work for up to a year or so, and if it didn't work out, they would take that as further evidence that I couldn't work, but I don't know that the VA works under the same conditions. I struggle with my PTSD IU weekly, but when I honestly assess it, I know that I can't be what I was before. It saddens me, but the prospect of me trying and failing again and again, just because of pride has to stop at some point. And when the guy from VA occupation therapy suggested that i work as a night clerk at a hotel, before I got my papers that week from my PTSD inpatient unit, I almost flipped on him. Was one of the most stressful times of my life, other than combat, and I wondered, why do I want to do this to myself again. Yes I do, want to feel better, but if I sit back and listen to my doctors, I realize, that percentages say I will fail, (and I was very succesful in business before the PTSD grabbed me) so can I swallow my pride, or do I make the whole world around me suffer. I have a 70% rating for PTSD. I took that, hoping i could go back to work, but even at that rating, i see it's not possible now. Someone at 100% should not be able to work. Unless just selling trinkets out of their home. Reason, you can't count on yourself to accomplish the tasks of the orders. Plain and simple. The VA doesn't want to give out the 100% for PTSD, so those that get it, unfortunately have to realize that they truly have the issue. I got 70, and I believe most of that was based upon the fact that my wife has refused to leave me. She's pretty damn close now, and if that happens, I feel they would bump me up, but honestly. all I know is I am xxxxxx.

Late to the case, but here's the answer you need to hear. If you are rated 100% PTSD, if you read the rating rules for that diagnosis, then you cannot hold a job. So if you were to go out and get one, that would render your 100% ruling untrue, and you would fall back to at least 70 if not 50%. Now with other 100% ratings you can still work, but not the case with PTSD, because the basis of that finding, is that you are unable to work, or function in society for the most part.

Joeshephine, I think they are incorrect. I only say this, becuase when I went into my counties code book, they have it where if I am deemed to be permanently and totally disabled, then I am eligble for the RE tax break, "if I meet a certain income requirment". I draw SS, and while I haven't been told by SS that I am permanent, I talked with a friend that works there, and she told me that with PTSD cases, it's considered permanent. The kicker of course, is they are trying to use the enumeration of 100% service connected evaluation. Yeah i may be on 80%, but when they rated me at 80% and TDIU, they asked if there was anything else I wanted. I told the VA no, I'm good with that, cause I had already battled them for 4 years to get that. And while I had some claims that I could still file, and have since had another backsurgery, I didn't feel right, taking up more "claims time" since the VA is so backlogged anyway. So I'm going to contact my district rep in the house, and tell him exactly this. Their is a discrepancy between how these localities are treating "total and Permanent disabled, for avg. person" compared to how they are treating "T&P Vets". I'm 80% now, if it weren't for my wife working, then I could file and get it based on the limited revenue, should I tell my wife to stop working? No that's not going to happen, but if I have to, which I will, because common sense, is very lacking theses days, go get a lawyer, and file suit against my county. Really hoped I wouldn't have to do that, cause I don't want the whole county knowing my business, but if that's what it takes.

I've had run in's with this lady at the Commissioner's office before. She pointed to the line where it said 80%, and said that it had to say one hundred. I tried to show her the other lines about TDIU, and P&T, but she just pointed back to the 80% and said your not getting it, unless that says 100.

just had round one with my county. I thought the VA was inept, but my local gov't is giving them a run for the money. 80% but letter clearly states that I am being paid IU, and that it is permanent and total. Not sure what else I can do.

Even though you think it may have been delayed by being sent there, I think in the end it will be done quicker, and probably with more lenience in your favor. It's a good thing believe me.