marl00

no,no. the appeals were not filed late. just saying regarding VSO, we used them but they filed late and we lost a right to appeal based on the late filing. but this was mentioned in regards to finding a lawyer to appeal to BVA or to CAVC. otherwise, my filings were done timely. still looking for legal counsel... i was asking if we should cue ourselves on the one decision where BVA based their decision on stating the tumor was benign. So clearly, this was in error and a statement of fact; that the tumor was actually malignant. Also, would this change the outcome= yes. We were granted 3 months of total temp post surgery but if was found malignant, minimum would be 2 years total temp. then i was asking could we just cue this or appeal the whole decision, in total? thanks for the dialogue and opinions. sorry i wasn't clear about what i was asking.

We did not file late> the vso did, so asking for any recommends on atty for CAVC. Question still is> to cue or no?

We listened to the radio interview on CUE with Carlie, all your opinions would be appreciated. We received an award from our Milwaukee RO (it was sent back to RO from BVA). It stated the brain tumor was benign; but, it was malignant. Isn't this a "fact" that can be persued under a CUE? The outcome would change as it would provide two years of total temp disability, as opposed to the three months granted of total temp. There are another issue concerning the brain tumor that was omitted although addressed. There was another issue on the appeal that was miscategorized and would change ratings based on symptologies. Should or could we CUE that one issue or best to put the whole decision together? imo, I would like to attempt to CUE. Based on your radio interview, is this a "fact"> Yes. (This is an either fact> benign or malignant.) Does it change the outcome of the decision?> Yes, if won, 21 months of total temp. We'd like to do a CUE and appeal the rest. Opinion? Also, can anyone recommend an attorney? We have used a VSO and a timely issue had expired. We have used an attorney but basically we had to do most of the work on any appeal. But we will need one to go to CAVC. Your responses would be greatly appreciated. ~marl00

Thanks Coot. I havent looked in the letter generator. Good idea!

Whats your take on this? Not sure how responsive Ebenefits is. Right how, says its Pending Notification since May 28 but still no white or brown envelope has arrived. So will call 800 again tomorrow. IRIS replies seem to take a week or two with really not much info received. I've been reading that envelopes have arrived and shortly, meaning next or same day, pay shows in the bank. But has anyone noticed if payments show in Ebenefits under Payments first?

We've been at our bottom of our shirttails here. Each month, I said, some decision has to come out. Good or Bad, we need a decision. Each morning, I was not sure what the day held. Each day, I told myself, I can't hold onto the house much longer and the creditors are blowing up the phone. We logged onto benefits,va,gov and it didnt look like good news. We freaked! First we thought it was going to be bad news so we spent the morning discussing how we were going to get house up for sale before we get a tax lien assessed. Then the mail came with a SOC. It stated when we first read that our starting date was declined. Then towards end, it said: "note: claimant filed for increased and increased was granted to 100% and a separate letter will follow". We just got the letter for the increase and the money in bank. 100% P&T. Our worries are gone. We can put the phone back on the hook and we can keep our house. We have no plans on anything as we are just appreciative for what we have. Its such a great feeling when we are now able to take care of our obligations and be able to do a real grocery shopping trip. We were 80% but now 100% going back 13 months. We also have other pending VA claim(s) since Desert Storm that is at B V A of chronic issues that only got more severe and exasperated when sent later to Afgan and Iraq; and both noted from pre-deployment assessments. I almost hadit but thanks to all who post and the encouragement of everyone here, I wanted to share our good news with everyone here as well.

We were crying this morning. First cause when we went this a.m on the ebenefits site, it stated a SOC and the c/p was completed BUT at Pay Schedule, no pay. No POA but we got our county VA inquiring for us. no one could tell us anything. We just checked the mail. JOY! Ptsd increased to 100% but this SOC was relating to date they wanted to grant. It's 100% from our last success appeal, so retro'ed back to july, 2009. This SOC denied our backdate to when tour ended back in '08. But now we are crying with joy on the 100% increase. This SOC attached a note that details of the increase will be forwarded in a separate rating decision. Thanks for listening, thought we were ready to continue another long fight so we were arming with appeal paperwork. we still got appeal back to desert storm and that is with an appeal lawyer. Thanks Hadit for sharing each other's misery and joy. We knew this is the place for quick reply and even warmer concern.

This week we received confirmation, approval on getting SSDI going back to last summer. (ss approval letter arrived yesterday) Lots happening this week. According to ebenefits,va,gov, a decision was made too. We believe we are getting a rejection for TDiU from the VA this week or early next week. (we filed for ptsd increase and also filed for tdiu, Jan, 2010.) Today, VA, according to (ebenefits,va,gov access) said a decision was made. We phoned and no more info is available and we have to wait for the mail. They said no more info on phone is available and we just have to wait for mail. argggghhhh. But back to question, once I get the denial in the mail for Tdiu and NOW with the approval from Soc Sec for SSDi, can I take it to the VA and appeal the denial decision for TDiU? even bigger question: what should i state in my appeal letter? and what forms? yes, I will attach the approval letter. Can anyone assure us that we will get Tdiu now with SSDi approval? right now I am at 70% ptsd and 20% knee. combined: 80%. In Jan 2010, we filed for increase for ptsd and altho we filed earlier for Tdiu in June, 2009. We were increased from 50>70 but rejected for tdiu. Any suggestions are welcomed. Please and thank you.

Just an added note: I just checked my bank to see if I had any pending deposits or electronic ACH payments and it is showing my regular VA deposit to be available June 1, 2010. I then went to see my account at www.ebenefits.va.gov and it is showed the pending payment there as well. I look at both accounts often during each day as I have a soon-to-be decision ( :D ) and hoping its made soon and not sure what will come first, the decision rating or money in the bank. But from what I assume now, is that once payment is decided, I should get simultaneously a notice from my bank's ACH system AND notice at the ebenefits site. So its just "a good to know" for me and maybe help with info for others. idk but who knows. just always good to share info.

Yep, I got one. Went to the VA directly (100 miles) to ask about any news on any appeals outstanding. Then a helpful agent, suggested I get online to see info. She got my account setup and then, wait for the mail and finish the signup. Yep, 7-10 days later, in the mail came the confirmation number to finish setting up the account. Able to see the monthly Payouts; paid and recurring. Able to see past appeal claims, closed and open. Not a lot of information but better than none. I check it everyday and at least twice a day to see if any of the appeals are decided. Still got the 800-number that I have and will be continued to be used. I assume that over time, more information or more in-depth file information will be online. At least its a start.

I got my ebenefits online account setup. But even so, the information doesn't give very much. I look every day and at least twice a day to see if something new shows up. Either on appeals or if money is forthcoming. patience. yep, patience going on 15 years now.

Thanks for the great info. Great to know about the private disability income. Ah, just to explain, the "we" is me and my better half. I don't want to take away anything away from my better half who was the one who was deployed. I was the one who got to sleep in a real bed with no mortars exploding in my backyard, of which I am eternally grateful to our soldiers, so that I CAN sleep in a quiet night. My better half was deployed three times, DS '91, Afghan '04, IraQ 07-8. I am just the person who stays at home, making sure the home and kids are taken care of and bills paid for by working parttime, who makes sure the stacks of laundry are done, pets are fed and taken in, then out, sends out Xmas gifts to family members on behalf of all of us here, make meals, pack lunches, drive errands, do pickups, deal with school, assure the kids, talk on phone to friends and family to ask how my soldier is doing, do home groceries and pack up APO packages then waits in long lines at the post office, stays up late to make sure the day loose ends are done and wake up at 4am so I can go online(time difference) and wait to see if my soldier needs to talk to me, then doubly clean the house so when my soldier returns, the house and our home looks like we never had issues. This last time, I ended finishing the remodeling kitchen and downstairs bathroom that we started before we got the "alert". I thought I'd never finished but it was a blessing at times too. I recall those nights when all I could do was collapse on the unmade bed and close my eyes for just a second, and it was 4 am again. :( Sorry, not a "we", just one person who asks questions here on behalf of my soldier. Thank you all for the information and your service to our country. .

Thanks Pete. Yes, you are right. 70/10 does not equal 80%. We called yesterday as we are more pursuant on picking up the phone and asking directly nowadays. The rep at VARO said, from what they could read, it was raised to 80%. So will wait for the large envelope>?. While on the phone with the VARO rep, we asked about the TDIU, according to VARO-- its why the claim was taking longer to see any "new" info on their screen. The screen was waiting for the documents from our employer. So we made sure they were inputted and then waited as the VARO rep said they had to reply within a certain time limit (which was two weeks ago). Then we were thinking, probably they won't grant TDIU, due to our contributions we made over the years to cover our income in case of unable to work. ~When you are young and healthy, who figures you are ever going to need income disability insurance?~ So if anyone knows about private disability insurance income and whether it precludes one from TDIU benefit, please let me know. Not sure this is income based? :(

We applied for increases June, 2009. We applied for TDIU in Nov, 2009. According to VARO via phone, we were increased to 80% (combined 70/10). The letter is not received yet and VARO said the digital copy doesnt show anything on TDIU. Does VARO, also decide on TDIU also? Or shall we expect another letter from elsewhere? (We sent in the paperwork from date last worked/last 12 months from our employer.) Do we disqualify for TDIU if we are receiving disability payments; from employers plans that we paid for when we were working? Would start date, if TDIU was granted, start from Nov.09 or increase applied for or date when 70% was granted or retro back to when? Thank you all in advance.