HadIt.com Elder Josephine Posted May 12, 2008 HadIt.com Elder Share Posted May 12, 2008 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 Link to comment Share on other sites More sharing options...
hurryupnwait Posted May 13, 2008 Share Posted May 13, 2008 Betty, I m so happy to see you service connected, it was long overdue. I m not sure if I would take a month off. I would turn it over to an attorney right away, then relax a month. Prolly the first thing the attorney will do is order a complete copy of your claims file from the VA, that is what my attorney did, so now we have been waiting 4 months for the VA to send him the copy. Happy Trails Paul Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted May 13, 2008 Author HadIt.com Elder Share Posted May 13, 2008 Betty, I m so happy to see you service connected, it was long overdue. I m not sure if I would take a month off. I would turn it over to an attorney right away, then relax a month. Prolly the first thing the attorney will do is order a complete copy of your claims file from the VA, that is what my attorney did, so now we have been waiting 4 months for the VA to send him the copy. Happy Trails Thanks so much, " Dear Friend", I am going to let my arm heal a tad and think and then act. I believe last time, I acted and then thought. Have a good one! Betty Paul Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted May 13, 2008 Author HadIt.com Elder Share Posted May 13, 2008 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 Thanks Time, I have the dependent form filled out and will work on the TDIU Form and get those right in. You are right Huntington R. O is surely out to get me. I proved them a fool. I hope on the form you can guess the dates for employment. Not too many to list, considering, I never made above poverty level. After I accomplish this, then I have a few months to deal with the rest of the mess, if I choose too. Thanks again, Betty Link to comment Share on other sites More sharing options...
HadIt.com Elder LarryJ Posted May 13, 2008 HadIt.com Elder Share Posted May 13, 2008 BIG HUG, Betty! Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted May 13, 2008 Author HadIt.com Elder Share Posted May 13, 2008 Thanks a bunch," Dear Friend"! It is taking us a while, but we are getting there. Always the Best! Betty Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted May 13, 2008 HadIt.com Elder Share Posted May 13, 2008 Betty The ten year rule starts for DIC as soon as you are approved for TDIU. I would get the TDIU, and then go back and get retro and file the CUE and anything else. I think I would send the VA a doctor's report stating that as of the date you filed the TDIU form you are unemployable. This way their can be no doubt or confusion about your employment status. You would want the letter to say your are TDIU solely due to SC condition. The VA can play games with IU saying that although you are 70% you are IU because of other factors. They did this with me. I asked for the TDIU as part of my appeal. I had 70% as well, but the VA tried to say my inability to work was due to pain disorder that was not SC. As Mountain said it is all about the retro. The VA does not want to pay the massive amount of retro they should owe you. You have an inferred claim for IU. I don't understand why the VA did not consider you for it. Link to comment Share on other sites More sharing options...
Question
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
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