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

[ruby]

Congrat's. Pound them into the sand for me too.

[Josephine]

[quote name='john999' date='May 13 2008, 06:48 PM' post='91363']

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.

[/quote]

John,

Thanks, this is what I am going to do. I am just going to get the letter from my Internist, for now all of a sudden, everything he said is in the decision.

Makes no sense. No way the VA would know if I was happy with my husband and daughters in 1992, for I don't know if I was.

Considering one was 22 and the other one 26 and no longer living at home. Probably so. I will have to look at the records and see.

If You think I should just go ahead and get the letter from Dr. Crowley the Forsensic Psychiatrist, please let me know.

I want the TDIU and then file the NOD.

Dr. Crowley is ready to write the letter about my employment ending in 1983.

Social Security is going to sent me a letter stating that was the last year that I worked.

I cannot draw Social Security, for I do not have enough credits.

Thanks,

Betty

[Josephine]

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

Time or anyone,

I do notknow the exact dates of employment for the few times that I worked.

I called Social Security and the lady is sending me a form that states

I have not worked since 1983.

When I turned 62, I did go ahead and file for what ever I could get

which is 265.00 a month, maybe not quite that much.

Strange things have happened to me in the past. In 1983, when I called

to file for Social Security Disability, I was told I did not have

enough credits, now 25 years later, I do.

Seems they forgot to add the extra one for service.

Anyways, will a guess on the form work.

I printed out a copy.

Since the form states the last 5 years, this should not be a problem

right.

I did notice going through Dr. Payne's medical records in 1983:

8- 31- 1983

She works at English Mxxx in a fairly high stress job.

Medications include HcTZ 50 q.d. alone with Valium taken an average of 2-4 times a day.

She is still under a great deal of stress and strain.

1. Hypertension controlled

2. Chronic Anxiety

3. Isolated systolic click.

4. refill Darvocet -N 100, #50 Valium

1- 05- 84

Continues easy fatigue tired all the time.

Mrs. xxx continues to be under a great deal of emotional stress remaining on Valium 5 mg. t.i.d. Mother and Children problems dominate her fears. She has previously been under psychiatric and psychlogical counseling and feels that this would not help.

11- 26- 85

Long standing situational anxiety . Nerves are bad, as usual . Her activity level is low although she works at home.

( Is this where the VA rater got the ideal that I quit my job at English Mxxxx to continue working at home. )

I notice he didn't say preferred. I think he had to have meant washing dishes and etc.

I never worked inside the home as such as self- employment or outside the home since I walked out at English Mexxxx. 1983.

5- 21- 86

Mrs Txxxx reports still multiple family stresses again.

Valium 5 mg. #100. Darvocet N 100 #50.

11- 17- 86

Mrs xxxx has done well, she is seeing the psychololist at the Mental Health Center on a regular basis.

She takes Valium on a prn basis averaging at most two a day but more commonly 0/1 a day.

Anxiety with depression

2-13-87

Mrs XXX is here today for refill of Valium. She feels well. Continue same meds.

Thanks

Betty

Edited May 15, 2008 by Josephine

[tssnave]

Betty,

YIPEE!! I am thrilled you got an actual Decision!!

I was concerned they would stop it w/ the large retro review bs.

Now, here's my humble opinion on what to do next:

1. Send in the paperwork and marriage certificate to get your husband added.

2. Do NOT, I say again, do NOT send in the TDIU form for at least a month. Leave your claim alone. Give yourself time to think. You want to be VERY careful when you fill out the dates on the form. There's a block that asks when your disability affected your ability to work and I put a date that was while I was on active duty because it "affected" my ability to work way back then even though I slogged on in the job market for years after that. The TDIU form is not something to fill out quickly, especially in light of your pension date that could affect your TDIU.

3. Which brings me to pension: as I recall you were granted 100% pension from the VA in 1983 and of that rating, 50% was for your anxiety. If this is correct, then you should request a 50% rating back to 1983. Then the burden of proof for the lower 1992 rating would fall to the VA.

4. Someone said if you were rated 100% then you'd be declared incompetent - while this is possible, it is not necessarily the case as I was rated 100% schedular but not rated incompetent since I was able to tell the C&P examiner what my bills were and that I paid them online. If you have symptoms in the 100% rating schedule then you may be eligible for a 100% schedular rating since you do not have to have every symptom of the rating to get that rating (this applies to any percentage). However, having said that, I agree w/ whoever stated that 100% IU is the same pay as 100% schedular and since it has an easier burden of proof and you haven't worked for years I would go that route if I were you.

5. I spent a good amount of time making a spreadsheet to figure out my retro check and paying me is the one thing the VA did properly and in a timely manner.

Betty, I am so happy for you. I missed your post when you first let everyone know you won so forgive the lateness of my reply but I am thrilled for you. Way to set a great example for everyone !!!

God Bless,

TS Snave

Edited May 15, 2008 by tssnave

[Josephine]

Betty,

YIPEE!! I am thrilled you got an actual Decision!!

I was concerned they would stop it w/ the large retro review bs.

Now, here's my humble opinion on what to do next:

1. Send in the paperwork and marriage certificate to get your husband added.

Tom, Hi, I had my husband take the sheet and a copy of our marriage to the Roanoke R. O to have it date stamped and to mail to Huntington for me.

2. Do NOT, I say again, do NOT send in the TDIU form for at least a month.

I am only thinking of how to approach this one. I have a lot at stake here.

Leave your claim alone. Give yourself time to think. You want to be VERY careful when you fill out the dates on the form. There's a block that asks when your disability affected your ability to work and I put a date that was while I was on active duty because it "affected" my ability to work way back then even though I slogged on in the job market for years after that. The TDIU form is not something to fill out quickly, especially in light of your pension date that could affect your TDIU.

The pension is what has me so puzzled.

3. Which brings me to pension: as I recall you were granted 100% pension from the VA in 1983 and of that rating, 50% was for your anxiety. If this is correct, then you should request a 50% rating back to 1983.

That is correct for the other illnesses did not occur until 1997 and 2002. That is a long way from 1983. For me diabetes would never prevent me from working and neither the hypertension.

Then the burden of proof for the lower 1992 rating would fall to the VA.

4. Someone said if you were rated 100% then you'd be declared incompetent - while this is possible, it is not necessarily the case as I was rated 100% schedular but not rated incompetent since I was able to tell the C&P examiner what my bills were and that I paid them online. If you have symptoms in the 100% rating schedule then you may be eligible for a 100% schedular rating since you do not have to have every symptom of the rating to get that rating (this applies to any percentage). However, having said that, I agree w/ whoever stated that 100% IU is the same pay as 100% schedular and since it has an easier burden of proof and you haven't worked for years I would go that route if I were you.

I am going to go for the unempoyable.

5. I spent a good amount of time making a spreadsheet to figure out my retro check and paying me is the one thing the VA did properly and in a timely manner.

Since they are paying me from 1992 to date, I would have no ideal if the check is correct or not.

Betty, I am so happy for you. I missed your post when you first let everyone know you won so forgive the lateness of my reply but I am thrilled for you. Way to set a great example for everyone !!!

Thanks a bunch!!

Betty

God Bless,

TS Snave

[Josephine]

Ts,

I placed the picture of the Dionne Dolls for you to see. My first

investment.

Have a good one!

Betty

Edited May 15, 2008 by Josephine