tdiu Individual Unemployability

[Armand]

Is there anyone out there that is getting BOTH Individual Unemployability and Disability Retirement from the federal government? If so, please contact me.

Armand

[Armand]

Armand

The VA should correct this mistake without you having to file an NOD. There must be some human being at your VARO who can get this straight if you show them this regulation.

You'd think so wouldn't you John? I already sent this regulation to my DAV Service Representative months ago. But, I swear, everytime I'm lucky enough to get through to someone at the DAV office, it's a new person. They must go through reps like shit through a goose. I've already sent in my NOD and am waiting to hear something from the DSO about a hearing. I should probably pass this info on to the entire web.

Armand

[Berta]

Armand

The VA should correct this mistake without you having to file an NOD. There must be some human being at your VARO who can get this straight if you show them this regulation.

Yes-he could file Request for Reconsideration and tell them of the law he put here-

BUT veteran- this does not stop the NOD clock- if they dont get this fixed-you still have to file the NOD within one year after their decision.

[Berta]

I see you did file NOD already -still you could file for reconsideration anyhow and see what they say-

I learned a long time ago that what a vet rep says might or might not be fact-

if they dont have the right answer I think they often just make something up.

[Armand]

I see you did file NOD already -still you could file for reconsideration anyhow and see what they say-

I learned a long time ago that what a vet rep says might or might not be fact-

if they dont have the right answer I think they often just make something up.

Berta:

I couldn't agree with you more. You get a different answer from them everytime you call about the same issue. They (VA reps) are poorly trained and "shoot from the hip" too often. Plus, I think they're overworked and are probably stressed out. Anyway, here's the regulation on my situation:

e-CFR Data is current as of January 29, 2008

Title 38: Pensions, Bonuses, and Veterans' Relief

PART 3—ADJUDICATION

Concurrent Benefits and Elections

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§ 3.710 Civil service annuitants.

Department of Veterans Affairs benefits may be paid concurrently with civil service retirement benefits. However, payments will be considered income as provided in §3.262 (e) and (h).

[29 FR 15208, Nov. 11, 1964]

I never heard of "filing for reconsideration". How does that differ from the Decision Review Officer?

Armand