"duty To Assist Letter" ?

[mrstix]

On my decision I had two items deferred for "Duty to Assist Letter"

One was for Entitlement to individual unemployility, I didn't file for IU,the VA brought that up??? I got a 20% increase, went from 20% to 40% lower back, and 20% for each leg, a total of 80% now, with a combined rating of 60% I do get CRDP.I was always treated good by the VA. I am very pleased with my rating. I just can't understand this phrase Duty to Assist Letter"???? All of your help would be great.

Thanks to you all, mrstix

[Pete53]

Its a cover their ass and cut off claims letter but it also admits that they are supposed to help. If you are happy than you are done.

Good Luck

It has been my life experience that sometimes much to your surprise just asking someone at the VA to help you with your claim is a big benefit. I sometimes think that many who work for the VA would like to do more but are afraid of what the VA will do to them if they help Veterans.

[theotherguy]

Pete,

90 percent of the time I would agree with your explanation of the letter but I wouldn't say that is necessarily the case here. Based on his recent increase they may be raising the issue of unemployability for consideration per their manual criteria. He very well might end up getting the benefit.

Mr. Stix,

What was the other issue deferred aside from IU?

Edited June 2, 2007 by theotherguy

[Pete53]

Theotherguy:

Thanks for pointing that out. I agree with you but if Mr Stix is not working he should ask the VA to reconsider his rating for TDIU in order to hold on to his earlier effective date.

Every now and than the VA surprises me but most of the time they short Veterans on benefits on a regular basis.

The beauty of Hadit is that if someone drops the ball there is usually someone to pick it up.

[Berta]

They should have said VCAA letter-

The VCAA is the ultimate Duty to Assist letter (that is why they fail to send thousands of them to vets as vet reps stand by and allow that violation to occur-less work for the rep)

The BVA web site shows what I mean and I have diligently griped to anyone I can in Congress/Senate about this and have asked my Senator to propose an amendment I wrote that will get some onus on vet reps as well as the VAROs to stop this illegal practice)

They will-if they do the VCAA letter correctly- state in an underlined section exactly what evidence is still needed for the TDIU and the other issue.

SC over 70% triggers VA to consider TDIU entitlement.

A vet however even with no SC rating at all should apply for TDIU if their disability is directly due to service and if they cannot work because of it.

(all determined by medical evidence)

[mrstix]

I did sign a VCAA letter as a matter of fact I signed TWO of them and sent them both back. I checked the box to go ahead and rate my claim, that I have no more evedence to sent. One time when I called the #800 in Pittsburgh my RO the guy was reading off the screen that they had everything including the VCAA letter and ready to rate!!! The other issue was both legs Deferred.

Thanks Berta, Pete53 and theotherguy.

mrstix