tdiu Ok So Here Is My Problem

[Jack]

I am seventy percent with TDIU, the VA sent me a form last year to show I was not working the form is VA 21-4140 they claim they did not receive the first form mailed to them in June of 2007, so I sent a certified return receipt copy of VA 21-4140 the form mailed to them and the green card was received by them on 11-7-2007 today they claim the VA will reduce me to seventy percent and remove dependent care for failure to respond. A copy of this letter was sent to my POA who also was given a copy of my VA form 21-4140 at the same time the VA was mailed with a return receipt certified.

I am not sure what to do next; should I send them the same form that was mailed to the VA in November and signed by them or send them yet another form that they mailed to me I have always complied with the request for employment verification.

I think this is just another way to jerk the vet around!

Thanks for your help

Jack

[yoggie2]

Brother I feel your pain, I filed for a increase over 2 years ago for my SC injuries so far I got denied on ever thing, still in the process of trying to be fixed. 2nd I received Saturday what is a notice of reduction in dependence bene's. Along with my original claim I filed to have 2 children added I never put on over the last 3years at that time, end result is I ended up loosing my wife off my benefits and they didn't add my 2 children (that are mine, I was working and just didn't bother to add them) and reduced my benefits to a single person, my wife is shocked that they had done this. The VA is eat up with the scratching the watch and winding the a$$ syndrome...

[Josephine]

I have been rated since 1991 effective date so I have been with my great uncle for 17 years. Funny thing I filed in 1975 and was denied as they said I had a personality disorder non ratable it was not until I filed again in 1991 that I had to prove that I did not have what they termed a personality disorder nine years later the check came in, I have been advised to just let everything alone since I was awarded seventy percent. Maybe it is time to go and re-look at my file and push for 100 %

Thanks every one for your help

Jack

]Jack,

I fought them for years over this Personality Discharge.

There was never any evidence in my medical records to even indicate a P.D

The Navy knew they could kick me out with two bottles of pills and

15.35 cents. Couldn't even purchase me a bus ticket home.

I ran from barracks to barracks trying to find anyone who owned a

car to drive me 5 hours in the middle of the night, back to Virginia

from D.C.

I was allowed to go sit in the lounge at the duty station while I

turned over all of my uniforms and everything the Navy had given to me

or issued to me.

I always treasured that one piece of paper that I signed in 1964.

given the Navy my sigature to destroy all of my records.

Thanks to the doctor who assisted me with my discharge, those

medical records and what went on was never destroyed and he placed

them in the St. Louis Archives for me to find myself some 40

years later. Without those medical and the "Competency Review Board"

medical records, my claim was never to have been proven.

With the help of God and his guidance I located my " Dear Doctor",

to whom I babysit for at this duty station and his wife some 40 years

later. I sent him all of his medical records and he wrote a letter to

the Veterans Affairs.

He saw it all and he knew it all. He saved my life now twice.

I would go back in Jack now that you know my story and fight that

Personality Disorder.

I filed first in 1978 and the Va says 1992. and again in 2001 and

ended up at the BVA.

March 4, 2008, I was awarded service connection for anxiety for which

I was treated for in service.

It took the words of another Brave Forensic Psychiatrist to tell the

VA what they had plotted and he saw their game.

It was this paragraph that won my service connection.

After the brief evaluations by Drs. MC Mahxxx and Jones in March

1964, the veteran was deemed unsuitable for continuing military

service due to a Personality Disorder, and was discharged without

medical or other benefits.

Summary of Professional Opinion:

My review of the records show no documentation which would support

the diagnosis of Personality Disorder. There simply are no data which

would support that diagnosis under the criteria provided in the

Diagnostic and Stastical Manual of the American Psychiatric

Association. No psychological or personality testing was done.

There was never any showing of an " enduring pattern of inner

experience and behavior that deviates markedly from the expectations

of the individual's culture... is inflexible and pervasive across a

broad rage of personal and social situations... is stable and of long

duration... (and) is not better accounted for as a manifestation or

consequence of another mental disorder." DSM IV TR, pages 287 - 288.

The " other mental disorder" which she clearly DID and DOES have, and

for which she has been treated for 43 years, is Anxiety Disorder.

The veteran had no childhood psychiatric, difficulties or treatment,

Her anxiety disorder began during her time in service. She has been

treated for anxiety disorder for 43 years by a number of physicians.

Diagnosis: 300.00 Anxiety Disorder, NOS,Chronic, Severe, with

Depressive Features.

This chronic, and in this veterans' case, disabling, mental disorder

first manifested itself while in service and has required treatment

ever since. There is no evidence to support the diagnosis of

personality disorder made in 1964 and used as a basis for her

separation from service.

Sincerely.

B. Cxxxx M.D. D.L.F.P.A.

Always,

Betty

Edited April 20, 2008 by Josephine

[Jack]

Betty:

Thank you for sharing this with me, I will make an appointment to review my C-File to see what went wrong in 1975 everyone that I knew said something changed in my life I even have a letter from the Dr. in the Air Force telling to seek treatment once I was discharged I did and that is when I was told I had PD I will do that this week thanks everyone here for your insight and input.. Will it do any good to file for retro back to 75 knowing I am SC for 70 percent and TDIU?

Jack

[Berta]

"I have been advised to just let everything alone since I was awarded seventy percent"

If a rep said this- they also might have seen the potential for a CUE claim but didnt know how to handle one.

You might want to consider reading the info here on CUE-

I dont know if you have this potential- but what I see here is

a final 1991 unappealed decision that could contain a legal error (the rating code they gave you for personality disorder)then again they said it was 'not ratable'?

John here and maybe even Josephine here is too---

potential valid basis for CUE.

I strongly advise anyone who files a CUE claim in the future that gets denied (putting you into the June 20,2007 filing dates for NODs- with the right to hire an attorney),

to do just that and hire an attorney-

otherwise you will go round and round with the VA.

I could certainly tell from VA letters that someone was understanding my CUE claims- at the RO- then again they were doing all they could to divert the legal issues and almost 4 years have passed waiting for a proper decision on them and I was able to file the NOD in time to retain my appeal rights and then hire a lawyer.

The VA in writing and per the VARO has filed a Motion to re-open an older CUE claim I had.

It seemed to coincide with the way the RO was trying to complicate my CUE issues.

CUEs should be simple claims.

A final unappealed decision- (send them copy of the decision to include the rating sheet)

Legal errors identified in the claim that consitute CUE

(this is the hard part-to identify the specific legal errors they made in application of the regs that were standing at time of CUE.The main reg I used was never changed by the VA in over 40 years.

Manifested altered outcome stated-(meaning what their CUE cost you)

in my case it was about $62,000 as accrued SMC benefit which I stated in the claim.

You dont have to state any amount at all-only that their legal error cost you not to receive a proper monetary award from the decision being cued.

I even have a 'witness' to the CUE claims.

That is- my former rep questioned why the VA didnt pay me accrued for Rod's Section 1151 disabilities -way over 100%-

I sat there waiting for his advise (in 1998 when I thought he knew what he was doing) and he then just shrugged his shoulders like 'oh well-

never suggesting I should file a NOD on the recent decision I got and then he just talked about the award letter and thanked me for the award-it was a no brainer when I acquired his POA-as I had already succeeded on VA malpractice claim.

I feel I was so dumb in those days not to question what he said-

But the fact is if we were all required to know every facet of VA claims law-why would we even need Reps?

I named him in my OGC complaint as being negligent and incompetent and-in another matter- deceitful but this was just the initial error he made.

Every single veteran who is awarded 100% SC P & T is eligible for SMC consideration when they have other disabilities either due to SC or due to Section 1151.That has been the consistent regulation and policy of the VA for decades.

Edited April 21, 2008 by Berta

[Jack]

Thank you Berta I am seeking an appointment to view my file at the RO, I am aware of a cue as my claim had a cue and won. Again thank you for your help.

Jack

[Josephine]

Jack,

When I went back into my claim with "Both New and Both Material

Evidence. "

I threw words around like, Clear and Unmistakble error on the part of

the VA.

I told them flat out they did not acquire these vital psychiatric

records which lay idle in the St. Louis Archives for 40 years and I

wanted to be paid back to my first filing date.

I made sure they knew they were negligent in not securing them.

No matter how many times, I ask them about them,

The VA Counselor always responded, " They don't exist".

Well they did and the VA not even once ask for them.

Did I even know what I was talking about at the time. Absolutely Not!

Don't give up, go back and get your benefits.

Betty