Received Letter Today:

[Josephine]

Received letter today:

1992 - 1996 - 10%

1997 - 2004 - 50%

2005 to present 70%

Husband was not added

They gave me 10% in 1992 because I had been married for twenty years,

got along with my spouse, and children and had some friends. But they

also put in that I quit working in a public place in 1983 because I

favored to work at home.

A treatment record from Dr. Payne dated August 31,

1983, noted you worked a high stress job at Enxxx Mxxxxx. However,

there is no indication that you were having trouble handling that

stress. Several personal events occured over the years, causing acute

increases in your anxiety.

I never once said that I wanted to work at home, I would like to see

that in writing.

No mention of how much retro.

Will wait for check, cash it, and then hire a lawyer or write the NOD

myself.

Thanks Betty

[carlie]

Free,

Only about 44 years now. I will take my money and keep my mouth shut for about one month and then continue on.

Always,

Betty

Betty,

Yes, yes and yes !!! This is what Ive been trying to get into your head.

1st check hits your bank account.

Go take it out and deposit it into a different account number.

Lay low for a while and let a few checks come in --- while this is happening

prepare for the next go round.

I do not come here to discourage anyone -----BUT----- you have no idea what will happen IF or should I say WHEN, you get a Different Judge or Rater, sometime down the road.

I am going to give you an example now of something that happened to me personally. Take it as food for thought.

Just a couple of months after my discharge (1978)I filed a VA Disability claim for several issues - they were all denied. I filed a NOD - VA continued the denials. I had a Hearing at VARO - I recieve a Rating Decision from the Hearing. Some issues discussed in the Hearing transcripts were granted back to day following separation, some issues discussed in the Hearing transcripts were not addressed in any manner in this Rating Decision.

I filed a 21-4138 (Statement in Support) on the issues that were not

addressed. I received a SOC stating these issues remained denied.

(FYI - during all of this several years have passed by.)

Fastforward ten or more years (about 1998) - I file a claim for XXX, VA request a C&P.

I go to examination. I recieve Rating Decision that grants this new claim

and due to something the examiner stated in the C&P report VA also

grants one of the issues denied on my original claim back in 1978, that

had been Nod'd and fully discussed in the VARO Hearing transcripts.

I go back in my files and find my C&P from 1978 and compare it to this new C&P - guess what, it's all cumulative evidence - no new & material evidence. Now I file a NOD for this ED to be retro back to 1978.

Here's the clincher (and what I see you can easily open yourself up for),

VA now calls a CUE on itself and proposes to terminate this FINALLY

SC'd disability !!!!!

Well - they did terminate it - and VA actually states in the termination

decision, "veteran has been service connected for this condition since 1978,

veteran has received and is eligible to receive treatment for this disability but compensation remains denied."

I continued fighting and got it back - but still not retro'd back to the ED I feel by rules and regs, it should be - I am currently at BVA and AMC on this issue.

Betty - What I am getting at here is - choose your fights very carefully.

a) What am I risking ?

b) Can my health and my family sustain the continuation of this fight ?

jmho,

carlie

[Wings]

Carlie, so true!!! I am so afraid my BVA Appeal that i'm writing and that's making me crazy sick, that they are going to tun something around - that I almost want to withdraw the entire claim, but i won't. i will never let down my guard, entirely with the va. ~Wings

Betty,

Yes, yes and yes !!! This is what Ive been trying to get into your head.

1st check hits your bank account.

Go take it out and deposit it into a different account number.

Lay low for a while and let a few checks come in --- while this is happening

prepare for the next go round.

I do not come here to discourage anyone -----BUT----- you have no idea what will happen IF or should I say WHEN, you get a Different Judge or Rater, sometime down the road.

I am going to give you an example now of something that happened to me personally. Take it as food for thought.

Just a couple of months after my discharge (1978)I filed a VA Disability claim for several issues - they were all denied. I filed a NOD - VA continued the denials. I had a Hearing at VARO - I recieve a Rating Decision from the Hearing. Some issues discussed in the Hearing transcripts were granted back to day following separation, some issues discussed in the Hearing transcripts were not addressed in any manner in this Rating Decision.

I filed a 21-4138 (Statement in Support) on the issues that were not

addressed. I received a SOC stating these issues remained denied.

(FYI - during all of this several years have passed by.)

Fastforward ten or more years (about 1998) - I file a claim for XXX, VA request a C&P.

I go to examination. I recieve Rating Decision that grants this new claim

and due to something the examiner stated in the C&P report VA also

grants one of the issues denied on my original claim back in 1978, that

had been Nod'd and fully discussed in the VARO Hearing transcripts.

I go back in my files and find my C&P from 1978 and compare it to this new C&P - guess what, it's all cumulative evidence - no new & material evidence. Now I file a NOD for this ED to be retro back to 1978.

Here's the clincher (and what I see you can easily open yourself up for),

VA now calls a CUE on itself and proposes to terminate this FINALLY

SC'd disability !!!!!

Well - they did terminate it - and VA actually states in the termination

decision, "veteran has been service connected for this condition since 1978,

veteran has received and is eligible to receive treatment for this disability but compensation remains denied."

I continued fighting and got it back - but still not retro'd back to the ED I feel by rules and regs, it should be - I am currently at BVA and AMC on this issue.

Betty - What I am getting at here is - choose your fights very carefully.

a) What am I risking ?

Can my health and my family sustain the continuation of this fight ?

jmho,

carlie

[Josephine]

Carlie,

What I am going to do is fill out the papers for my husband as a

dependent.

What should I do about the TDIU Form?

If I didn't have a husband to support me, things may be different,

but I do.

Do I go for the 100& or quit, for I will never place my foot in the

VA for any care.

Please answer back for I value your opinion.

Ms. Moye called to tell me my check is on the way. I am not going to

have any automatic deposit.

Thanks,

Betty

[carlie]

Carlie,

What I am going to do is fill out the papers for my husband as a

dependent.

Betty - FOR SURE, when you get the actual decision in your hand...

anytime a vet is granted SC at 30 % or more the vets should submit

a 21-686 ASAP to recieve their dependent pay.

What should I do about the TDIU Form?

Everything is so confusing at this point I have no idea, has VA ever sent you a TDIU form ?

If I didn't have a husband to support me, things may be different,

but I do.

It's great to have a support system.

Do I go for the 100& or quit,

Everything is so confusing at this point I have no idea but I would probably just sit back a bit - re-examine my position, and if I were to

proceed I would use caution.

for I will never place my foot in the VA for any care.

Just be sure to continue taking care of your health care needs somewhere.

Please answer back for I value your opinion.

Thank you, but I'm still a dummy! Always double check any answers you get - especially mine.

Ms. Moye called to tell me my check is on the way. I am not going to

have any automatic deposit.

Are you going to sign up for Direct Deposit later ?

carlie

[mountain tyme]

Betty you wrote: "What should I do about the TDIU Form?"...you should fill it out and submit the form. Based on your case Betty you will be granted TDIU and most likley P/T...don't delay. The VA already knows your case and that you are not employed...and the only reason they are hell bent on you submitting the form instead of just granting it due to the fact of your case clearly points that you have been unemployed for quite some time is because the BVA over-ruled your RO denial...which caused the s**t to hit the fan...they are not going to make anything a walk in the park for you...

Betty you also wrote: "Do I go for the 100& or quit"...if it was me absolutly not...in order for the VA to grant you 100% based solely on aniexity would mean that you would be deamed incompentant at this late stage of the game...

Once you submit your TDIU form you will be receiving the rate of pay at 100% compensation.

For example I am rated 70% for a MH issue...yet the VA granted me 70% at 100%TDIU/Permant and total. So you do not have to be rated at 100% to receive full compensation....

Now if you have conditions that are secondary in nature to your s/c anixiey then you may want to file for those conditions and you may get granted s/c for them..but remember everytime you submit a new claim it does open a door that was better left shut...

I have alway's believed if you are already receiving compensation at the 100% rate why submit other conditions your rate of compensation will stay the same! and you are able to be treated for everything.

the one big differnts is P/T...esp. if you have children for chapter 35 benifits...and of course the life insurance ect..once you TDIU then P/T is the next step...sometimes the VA will grant you P/T at the same time as you are granted TDIU...which I hope will happen in your case...

I have you in my prayers Betty

MT

[Josephine]

Carlie,

What I am going to do is fill out the papers for my husband as a

dependent.

Betty - FOR SURE, when you get the actual decision in your hand...

anytime a vet is granted SC at 30 % or more the vets should submit

a 21-686 ASAP to recieve their dependent pay.

Carlie, decision is in my hand and check is probably in mail box. I haven't went down. Ms. Moye BVA called and very disappointed, but check is negotiable the 14th of May.

What should I do about the TDIU Form?

Everything is so confusing at this point I have no idea, has VA ever sent you a TDIU form ?

The VA says "No", they can't locate one. Thought it was filled out with first filing many moons ago.

If I didn't have a husband to support me, things may be different,

but I do.

It's great to have a support system.

I have had this Vet around for 44 years. He is Vietnam Also. No problems with his health from the service. One of the lucky ones.

The VA did pay for his 8 years of college.

Do I go for the 100& or quit,

Everything is so confusing at this point I have no idea but I would probably just sit back a bit - re-examine my position, and if I were to

proceed I would use caution.

This I am going to do.

for I will never place my foot in the VA for any care.

Just be sure to continue taking care of your health care needs somewhere.

Again, I am blessed to always had my own private insurance.

Please answer back for I value your opinion.

I do value your opinion and sure do appreciate.

Thank you, but I'm still a dummy! Always double check any answers you get - especially mine.

You are by no means a " Dummy". You are a very "intelligent" and fun

to talk to warm caring "Lady."

Ms. Moye called to tell me my check is on the way. I am not going to

have any automatic deposit.

Are you going to sign up for Direct Deposit later ?

Maybe after my husband receives his back pay from the years of the 50% forward. That would be 1997 - date.

Thanks, Betty

carlie