SheilaLundlee

Thank you!

I know everyone says SMC is confusing and I am joining that crowd. Here's my question: 1. I am IU for a single disability; in addition, I am 2. Cystocele/Rectocele - 50% Depression - 50% Do my two other disabilities qualify me for 100% + 60% = SMC (s)? I've seen the question elsewhere but couldn't determine the answer.... Thanks, Sheila

I know everyone says SMC is confusing and I am joining that crowd. Here's my question: 1. I am IU for a single disability; in addition, I am 2. Cystocele/Rectocele - 50% Depression - 50% Do my two other disabilities qualify me for 100% + 60% = SMC (s)? I've seen the question elsewhere but couldn't determine the answer.... Thanks, Sheila

Woo Hoo! I received my letter today (Nov 4) from the Department of Education granting my discharge. I've been making payments to them for the last 18 months so a refund check will be here shortly. I also have loans with Nelnet and Sallie Mae. I submitted my TPD paperwork to them a little over 3 weeks ago. I verified today that they had both received the paperwork - they did. The process is a longer with the other loan holders. For instance, Sallie Mae took the paperwork I sent; made a preliminary evaluation and then forwarded it to the loan guarantor (California Student Aid). The guarantor then sends it to the Dept of Ed. When the DOE gets it, they verify that I'm entitled to the discharge and directs the guarantor to discharge the loans. I figure that could take a couple of months - especially with the holidays coming... Holler if you need any more info! Sheila Lundlee

Did you check the BVA decision database? Not all offices are as efficient as others. Input your docket number and see what comes up.... Also, do you have a VSR? I've gotten the verbal info from a VSR (in the past) in advance of getting my notification letter. Hang in there...

I can understand the frustration... Have you pulled up all of the BVA and court decisions on CUE? I'm not an expert, but I know that YOU need to understand the caselaw and reasoning so that you can make sure your facts qualify for a CUE claim. You should have also pulled up any decisions that speak to your specific issue; particularly any decisions that came on appeal. For the best success, use a variety of search terms and when you read decisions, pick out the case references sited in the verbage. Good luck with the hearing, sheila

1. Did you appeal the Sept 99 decision? 2. Do you have an active appeal on any issue? 3. Are you relying on CUE because you don't have an active appeal?

I know you are frustrated - you would have to be catatonic not to be. However, I would remind you of some relevant information. 1. Expecting an explanation for any of their failures is unlikely to happen; is pointless to your appeal; and only increases your aggravation. 2. Realize that you are in this for the long haul. Keep your goal in mind: get the compensation that you are entitled to. 3. If you gather everything you can (IMOs, SMRs, BVA and court decisions etc.) that supports your position, your stuff will eventually get before someone who will understand it and have the power to fix it. 4. Take care of yourself - mentally and physically. This is a war of attrition. Make sure you are still standing at the end of it... Good luck at the hearing, sheila

In the decision letter, they should have listed the evidence that they used in reaching their decision. Make sure you compare what they list with the evidence you are holding. You can also do a line by line analysis of their reasons to make sure that they address the evidence that is listed. This is particularly important if various doctors issue competing/opposing opinions. sheila

UPDATE: I sent my discharge application to the Department of Education (one of my loan holders) about 2 weeks ago. I received a response yesterday: Dear Ms. Lundlee, We have received and are in the process of reviewing your application for discharge due to total and permanent disability. Since you did not have a physician complete Section 4 of the discharge application and you attached a Rating Decision or letter from the U.S. Department of Veterans Affairs (VA) verifying your disability rating, we are evaluating whether the documentation you provided shows that the VA has determined that you are 100% disabled due to one or more service-connected disability conditions or that you are individually unemployable. If you qualify for this discharge, you will receive immediate' discharge and will not be subject to the three-year conditional discharge period required by the standard discharge process. You will be notified of our decision by mail. The U.S. Department of Education's customer care centers are listed below. For questions about the status of your application, contact each customer care center that handles your loan(s). William D. Ford Direct Loan Program (Direct Loans) 1-800-848-0979 or (TDD) 1-800-848-0983 Federal Family Education Loan Program (FFEL Loans) 1-800-508-1378 or (FAX) 866-938-4751 Federal Perkins Loan Program (Perkins Loans) 1-866-324-1214 or (FAX) 315-324-1214 All defaulted loans 1-800-621-3115 TEACH Grant* service obligations 1-800-848-0979 or (TDD) 1-800-848-0983 Conditional Disability Discharge 1-888-636-6401 or (TDD) 1-888-636-6401

Lorraine... Thanks for what you have posted here. I have to admit that I am so thrown by what has happened to Airdale that I find it difficult to express. I notice that there have been a lot of views of this forum, but you and I are the only folks who have posted a reply. I am trying to figure out how to provide concrete help for Airdale, so I am concentrating on where he is in the process and the timeline associated with it. I'm sure that folks want to be of some help, but I think his story is so devastating that it is difficult to focus on anything but the emotional impact. Hopefully Airdale will answer the questions I listed above and give folks some hard data to sink their teeth into. I, too, find his story wrenching... sheila

1. What is the date of your denial letter? 2. Were there multiple issues in the denial? 3. Have you filed the NOD? 4. Do you have a service rep?

What and when was the last decision the VA gave you?

Oops! 100% vets are also eligible for this new process, but only if the disability (ies) is service-connected. Only service-connected disabilities can be used to grant TDIU, but 100% ratings can include both service- and non-service-connected disabilities.

Hi all! I have been trying to get my student loans discharged since 2005 when I was granted TDIU - they always have a problem with the doctor statements.... Recently, I discovered that there has been a change in the law. If a vet is granted TDIU, he/she no longer has to have a doctor statement to file for a Total Permanent Disability discharge of student loans. Also, there is no 3-year conditional discharge waiting period for these vets. The updated form was just issued in August 2010. Here are some relevant links: http://www.ifap.ed.gov/dpcletters/GEN0907.html (notice the date of the letter; but the new form JUST came out) http://www.studentloanborrowerassistance.org/loan-cancellation/disability-and-death/ I've already sent mine off and I will keep this forum posted on the progress. I was given to understand that the process could be reasonably quick - 3 to 5 months. sheila:rolleyes:

I've done this! If you select the option to change your direct deposit, you get transferred straight to the finance folks - in my experience.... Just ask them if there is a payment out there in the system for you. If it's there, they can give you the date it's supposed to hit and the exact amount.... Good luck and hang in there

Come on, now.... You know you have to get those taxes done by April 15th (or face a penalty), if you owe THEM money. But, you have 2 (?) years to file if they owe YOU....

Glad to help! As far as I know, the Army won't give you anything but the severance pay if you are less than 30%. However, I'm pretty sure you have several options if they try to lowball you. I don't want to go into exhaustive detail here, if it ends up (and I think you're right) that you receive a medical retirement. I'll be happy to go over all of my research with you whenever you want....even if you just want to brainstorm scenarios. Having said that, it is still possible that the ARMY will try to lowball your medical retirement severity rating, particularly if you don't have enough years of service for a non-disability retirement. There are special rules about combat-related injuries that result in medical retirement that could have an effect on whether they try to lowball you as well. The BIG thing to keep in mind is to NOT SIGN ANYTHING without getting outside help :) Holler if you have any questions.... sheila

No, I don't think multiple NODs is a problem. When I submit one, I make sure I reference which decision and issue I disagree with, but I often come up with other reasons for my disagreement after I've submitted an NOD. I just write it up and fax to the RO and keep the fax with the original NOD. It may be water under the bridge, but for future reference, I would take a moment to write up a two line statement when I received any negative correspondence from the RO. Just say that you disagree with their conclusions and you want to continue your appeal. Fax it to them and then it's on the RO to let you know what they want from you to continue the appeal. They are usually so slow that you can count on big chunks of time between any activites required from you. Just my opinion :) sheila

Very good point! I don't use a VSO because they've got a "caseload" and I've got ME. But if you are going to use the VSO make sure they are involved in correcting the problem with document submission. Just make sure you keep copies of every bit of your correspondence with the VSO as well. Plus, I'd send and fax documents directly to the RO with a COPY going to the VSO.... Just saying.... :) sheila

ABSOLUTELY! I fax my documents and as I do, I write the date and time faxed on the back of the page. Then I put them in clear document protectors and store them in date order in a binder. THEN, I call to make sure they received my fax - 2 to 3 days later. :)

No problem, Just! I need to take a break now though, 'cuz of the brain cramps :) sheila

Hey Harley! So, in my previous posts, I talked about what happens if the Army rates you 0, 10, or 20% disabled and you receive a medical DISCHARGE instead of a medical retirement. If that happens, you need to pay close attention to the reasons the PEB gives for choosing a particular severity for your disability. Because you have essentially initiated simultaneous (but independent) assessments of your disabilities, you would think that the assessments would come to similar conclusions about the degree of severity of your disabilities - NOT LIKELY. Keep in mind that the Army doesn't want (my opinion only) to pay you retirement for the rest of your life. If they rate your disability at 30% or above, that's what they have to do. Even if, by some miracle, you are eventually totally healed, the Army has to keep paying that retirement. I should point out, that the VA DOESN'T! If your disabilities improve over time, the VA can AND WILL reduce your disability ratings (unless your ratings are protected, but that is different and irrelevant at this point). Accordingly, if the Army can keep you under 30%, it is financially better for them. Back to the severity that the Army assigns your disability. The Army determines whether your disabilities make you fit or unfit for continued service. That determination is SEPARATE from any discussion about the degree of severity of your disabilities. As an example, let's say that the Army says that only your PTSD makes you unfit for continued service. They may or may not list your other conditions (they are required to) and say that those conditions aren't severe enough to make you unfit for continued service; or that the conditions aren't unfitting. Example: PTSD - rated at 20% - unfitting condition Back Pain - 0% - would be unfitting, but not severe enough currently Flat feet - 0% - not an unfitting condition The courts have said that ONLY the military can determine which conditions are unfitting for continued service. However, once the Army decides that you have an unfitting condition, they HAVE to use the criteria contained in the VASRD to evaluate the severity of the condition*. Here's what that means to you: 1. you are getting medical exams from the Army and the VA AT THE SAME TIME 2. the decision about degree of severity will be made by the Army at nearly the same time as the VA Make sure that the Army (and particularly your PEBLO) have copies of all your VA medical documentation. If the VA awards your disabilities BEFORE the Army finishes the disability separation process, then you can use that documentation to try to convince the Army not to lowball your degree of severity. In my previous example, the PEB says the degree of severity for your PTSD is 20%. If the VA says your PTSD is 70% disabling, the PEB's "got some 'splainin' to do". * The Service Secretaries can, and do, issue regulations/guidance that alter the VASRD criteria for particular disabilities - not for all disabilities. I know that the USAF has done so, but my disabilities weren't effected by it. You would have to check what the Army has issued. In my case, the PEB Report listed only one diagnostic code and gave that code a 20% rating. However, in the verbal description, ALL of my disabilities were lumped together. Because they failed to list my disabilities separately with distinct diagnostic codes and ratings, I appealed to the Board of Correction (who denied my claim); and then filed suit in the US Court of Federal Claims. 6 years after my disability discharge, I received my active duty medical retirement - you CAN make them do what they are supposed to do..... FINALLY, my posting suggests poor motives on the part of various entities involved in this process; that's only my opinion. Even if everyone is acting in good faith, mistakes occur, training is inadequate, etc. You can give everyone the benefit of the doubt, as to motive, but GET what you are entitled to..... More later.... sheila

Good morning, Harley! Next installment. Yesterday, I described what you are ENTITLED to when the VA recoups disability severance pay from your VA award. However, in my case, they withheld the total amount of my compensation initially. Eventually, I proved that they were withholding too much each month and they sent me a big, fat check. If they initially recoup the whole amount of your VA compensation (and VA awards you service-connection for disabilities that you are not given disability severance pay for), you can submit a Notice of Disagreement and tell them you want the recoupment "rate" - amount withheld each month - reduced and you want them to refund the wrongly withheld amount. Don't let'em give you any poop! sheila

I forgot to mention that this happened to me...there's a steep learning curve, so it took me a couple years to get them to give me my money for my service-connected, non-severance pay disabilities. They did it though :) sheila