tdiu Tdiu Telepone Call From R. O

[Josephine]

Well,

Just what I needed to get my nose to bleeding again.

I am sitting here crying and shaking.

Is he correct?

The Case Worker by the name of Joey called here, from the Huntington,

R. O and I just hung up on him.

He said if the VA found me to be " unemployable" due to service

connected illnesses. They would not pay me a penny

if my total income in the family was too high.

I told him, I hadn't made a dime since 1983, but he said, your

husband is working.

I told him, I understood, for compensation, my husbands income did

not come into play.

He said for me to read Title 38.

Where do I report this smart jerk too? and is he correct?

I might as well not turn in the papers if he is correct.

He said he had not received any copies, not even Senator Warner's.

May not go too good that I hung up on him and told him, I may have

to talk to a lawyer if he was correct about my husbands income.

Thanks,

Betty

Edited July 10, 2008 by Josephine (see edit history)

[ruby]

Betty,

I don't have an answer for you but I am truly sorry this happened and I hope he is incorrect.

What the heck does your husbands income have to do with your "service connected illness" your the one in the service not your husband.

Start reading CFR 38, better yet call the jerk back and ask for the specific code he is talking about.

If he is lying call your Senator. Do you live in a 1 party state to record calls. Actually if its federal calls you shouldn't have a problem in Federal Courts they consider all states one party states. I say this because if this guy is mistaken or flat out lying, go buy a recorder and record your conversation with him before you call him back. If its a lie and he says down the road he didn't say it, you got him dead to rights.

If he is lying or doesn't know his regs then you could get him in a lot of trouble with proof of what he said.

Ruby

[Berta]

You mean- I believe-the dependency allowance that the VA adds to any comp check-

I am unaware of ANY reg that says this dependency payment depends on the spouses income in any way at all-

When I won the FTCA I got a large lump sum payment-

but the VA still retained my daughter, who lived home at the time, as a dependent for the DIC amount.

Many of these Sos and reps are making good salaries and as disabled vets themselves with dependents-and they retain the dependency amount too-

I will try to find a reg that caps a spouses income for dependency rate- but I dont think there is any reg-

Anyone who gives wrong info or who is belligerent at the VA can be reported by first name in a complaint- filed via Iris under the Complaint thing.

Complaints via Iris go to the VBA in DC first and then to the RO-so there is some sort of computerized record of them and what RO is involved.

I got some 90 wonder spouting off crap to me a few years ago at the 800 number- he was very nasty- so I wrote it off as his having a bad day-

a few weeks later when I got him again at 800- he started in on me again and I filed an Iris complaint.

He never answered the 800# again when I called.

Some of these people just dont have a clue Josephine-

and no one knows that better than you- I just wish they would shape up or ship out-

I have gotten 3 phone calls from VA DC on some recent FOIAs I sent- even got one last night -

I opened a bag of worms with these FOIAs that VA doesnt know how to handle-

the FOIA guy who called me last night said I could reach him by phone any time and that he was handling one of the FOIAs.

(I know what a true FOIA will reveal-they have been skirting this issue for years now)

and then he told me he was new to the FOIA job.

I was disappointed to hear that-but another FOIA prompted 2 calls from the Gen Counsel to me already-

funny thing-my chances might be better with someone new who doesnt know how to parse their FOIA responses.

I might get the answer I want !

I giuess my long point here is that VA has new employees all the time- who often act like they know it all-

or simply burned out employees who just say anything at all at the 800#.

I just dont know where this guy was coming from.

The VA -all this time- has never suggested to you that your husband's income is too high for dependency allowance.

[vaf]

Betty, you're going to have to shake that off, OK hon? We don't bother to call the RO anymore on anything, because of two conversations we had that upset my husband so badly he wanted to drive the four hours south to confront the jerk he talked to. Now, we do everything via fax, e-mail, or through a congress critter.

One time, we got a guy who told us he wasn't paid to pick up faxes off the machine, that he was just paid to answer the phone and that was all (in other words, the fax we had just sent was going to sit on the machine forever if it were left up to him).

Another time, we were told that there was no such thing as 95% schedular rating, that it would either be 90% or 100%, and that we "ought to read 39 CFR." Yes, that's right, "39" not "38."

Both guys were arrogant and stupid. Plus, since we filed the writ of mandamus request with the Court, one of the things we were asked to do was to document our many attempts to get the information involved in that writ on our own, over the years, with the various components of the VA. If we had done this through phone calls, of course there would be no such documentation, and the VA would deny they ever heard from us.

File an IRIS complaint and name names. That will go in the claims file of course, but that's what you want. And by the way, compensation is not means tested. Pension is, of course, which you already know. Compensation is not, and I have been working all the years since my husband was medically retired. My husband's rating has always been for disability compensation, not for pension. My wages have never been asked about, or had anything to do with compensation for having dependents. The guy you spoke to needs training, and definitely to be kept away from the phone and any rating issues until he gets some.

[Josephine]

You mean- I believe-the dependency allowance that the VA adds to any comp check-

I am unaware of ANY reg that says this dependency payment depends on the spouses income in any way at all-

When I won the FTCA I got a large lump sum payment-

but the VA still retained my daughter, who lived home at the time, as a dependent for the DIC amount.

Many of these Sos and reps are making good salaries and as disabled vets themselves with dependents-and they retain the dependency amount too-

I will try to find a reg that caps a spouses income for dependency rate- but I dont think there is any reg-

Anyone who gives wrong info or who is belligerent at the VA can be reported by first name in a complaint- filed via Iris under the Complaint thing.

Complaints via Iris go to the VBA in DC first and then to the RO-so there is some sort of computerized record of them and what RO is involved.

I got some 90 wonder spouting off crap to me a few years ago at the 800 number- he was very nasty- so I wrote it off as his having a bad day-

a few weeks later when I got him again at 800- he started in on me again and I filed an Iris complaint.

He never answered the 800# again when I called.

Some of these people just dont have a clue Josephine-

and no one knows that better than you- I just wish they would shape up or ship out-

I have gotten 3 phone calls from VA DC on some recent FOIAs I sent- even got one last night -

I opened a bag of worms with these FOIAs that VA doesnt know how to handle-

the FOIA guy who called me last night said I could reach him by phone any time and that he was handling one of the FOIAs.

(I know what a true FOIA will reveal-they have been skirting this issue for years now)

and then he told me he was new to the FOIA job.

I was disappointed to hear that-but another FOIA prompted 2 calls from the Gen Counsel to me already-

funny thing-my chances might be better with someone new who doesnt know how to parse their FOIA responses.

I might get the answer I want !

I giuess my long point here is that VA has new employees all the time- who often act like they know it all-

or simply burned out employees who just say anything at all at the 800#.

I just dont know where this guy was coming from.

The VA -all this time- has never suggested to you that your husband's income is too high for dependency allowance.

Berta,

He said, I could not draw " Unemployability" pay even if rated at

100% even if I was found to be un-employable due to the high income

in my family.

He wants me to read this in Title 38.

Thanks,

Betty

[rentalguy1]

Betty....this guy is an assclown. If you are receiving a pension, then YOUR income enters the picture. Not your HUSBAND's. For purposes of IU compensation, there is absolutely nothing in Title 38 that says your husband's income is counted. This guy is wrong, wrong, wrong. Send in a complaint to the VSCM at Huntington, and request that this asshat be fired immediately!

[Josephine]

Betty, you're going to have to shake that off, OK hon? We don't bother to call the RO anymore on anything, because of two conversations we had that upset my husband so badly he wanted to drive the four hours south to confront the jerk he talked to. Now, we do everything via fax, e-mail, or through a congress critter.

One time, we got a guy who told us he wasn't paid to pick up faxes off the machine, that he was just paid to answer the phone and that was all (in other words, the fax we had just sent was going to sit on the machine forever if it were left up to him).

Another time, we were told that there was no such thing as 95% schedular rating, that it would either be 90% or 100%, and that we "ought to read 39 CFR." Yes, that's right, "39" not "38."

Both guys were arrogant and stupid. Plus, since we filed the writ of mandamus request with the Court, one of the things we were asked to do was to document our many attempts to get the information involved in that writ on our own, over the years, with the various components of the VA. If we had done this through phone calls, of course there would be no such documentation, and the VA would deny they ever heard from us.

File an IRIS complaint and name names. That will go in the claims file of course, but that's what you want. And by the way, compensation is not means tested. Pension is, of course, which you already know. Compensation is not, and I have been working all the years since my husband was medically retired. My husband's rating has always been for disability compensation, not for pension. My wages have never been asked about, or had anything to do with compensation for having dependents. The guy you spoke to needs training, and definitely to be kept away from the phone and any rating issues until he gets some.

Thanks Vaf,

I know I have to quit letting the VA get to me so badly.

I had no ideal that he was even going to call.

I wasn't prepared and he was being a jerk.

He kept arguing about the amount of money my husband made

and how and why would I even think the VA would pay me

for Unemployability with his salary.

I hung up on him, bet that didn't go over too well. He was still

talking.

Thanks,

Betty

[LarryJ]

Hi Betty!

It's called TDIU for a reason (Total Disability due to INDIVIDUAL Unemployability).

The jerk that you talked to is one of the jerks that the VA employs to insult you and make you mad and discourage you.........so that you'll just get pissed and give up. I even think that the VA has a "job classification" for these employees, "Personnel Responsible for Increasing Confusion and Controversy" (PRICC's).

p.s. Lola got a brand NEW quilt this last weekend. She is working hard getting it all broken in and duly "catted". She has a tuff job...........

[jbasser]

Betty, first of all pull yourself together.

Focus your anger on the liar who called you.

The schedule for rating disabilitis separates compensation from Pension. There is no IU with a pension.

TDIU is a rate payable at 100 percent compensation rate. It has nothing to do with family income.

The Huntington RO is totally and completely wrong. Send an IRIS inquiry and tell the Service center manager this chumps name and what he told ytou and that you were calling the VA inspector General.

I also recommend that you file a formal written complaint to the Sec of the department, James Peake. ALso include your congressman.

In the future, record all calls between you and the VA. Just hit memo on the answering machine.

If you are so kind, please email his name to me and I will take it up with the Huntington DAV.

ALso write a letter to the Charleston Gazett, ( It is 18 miles from huntington)

http://www.wvgazette.com/Opinion/Readersvoice/200807090699

John

Edited July 10, 2008 by jbasser (see edit history)

[john999]

Betty

Don't listen to these idiots. They probably think you are asking for a NSC pension. They are ignorant. TDIU has nothing to do with income if you are SC. You could have ten million dollars in assets and your spouse could be making a million a year but you can still get TDIU for SC disabilites. McCain gets 100% and his wife has 100 million in assest.

[Ricky]

No such law in title 38 USC or CFR 38 exists. Compensation only applies to the veteran and your husband could be making 2.5 million a year and you are still authorized your compensation. So don't worry. He was probably a has been debt collecter who the VA hired and has no ideal about the contents of CFR 38 or how to deal with veterans. I doubt very seriously he was a veteran working for the VA. File your complaint with the SCM. although it probably will not do any good it will still make you feel better.

[Josephine]

Hi Betty!

It's called TDIU for a reason (Total Disability due to INDIVIDUAL Unemployability).

The jerk that you talked to is one of the jerks that the VA employs to insult you and make you mad and discourage you.........so that you'll just get pissed and give up. I even think that the VA has a "job classification" for these employees, "Personnel Responsible for Increasing Confusion and Controversy" (PRICC's).

p.s. Lola got a brand NEW quilt this last weekend. She is working hard getting it all broken in and duly "catted". She has a tuff job...........

Larry, he sure did all of the above.

I felt like a beggar by the time I got off the telephone.

At least I hung up on him. I had no ideal that it was the VA calling

for his number showed No Data, so I answered it.

He was nice and cheerful at first and then the jerk in him came out.

He didn't like my questioning him about anything.

First he brought up the headache claim and he had to get that

same sheet of paper that I posted on the site.

He said the Appeals Team was looking it over and I said, the claim

is still open, he didn't answer. Said he wasn't a rater.

Next the dependent, he said he was not a financial advisor.

Next came the Title 38 and his knowledge of it.

Anyways, I sure would like to see a picture of " Lola's" new

quilt. Perhaps now she will give me her old one.

Always and thanks,

Betty

[Josephine]

Betty, first of all pull yourself together.

Focus your anger on the liar who called you.

The schedule for rating disabilitis separates compensation from Pension. There is no IU with a pension.

TDIU is a rate payable at 100 percent compensation rate. It has nothing to do with family income.

The Huntington RO is totally and completely wrong. Send an IRIS inquiry and tell the Service center manager this chumps name and what he told ytou and that you were calling the VA inspector General.

I also recommend that you file a formal written complaint to the Sec of the department, James Peake. ALso include your congressman.

In the future, record all calls between you and the VA. Just hit memo on the answering machine.

If you are so kind, please email his name to me and I will take it up with the Huntington DAV.

ALso write a letter to the Charleston Gazett, ( It is 18 miles from huntington)

http://www.wvgazette.com/Opinion/Readersvoice/200807090699

John

John,

Thanks, I have already called and spoke to the Huntington DAV. Gregg was to take care of it for me.

This guy is the one that is doing all of the writing for the Service Manager.

No need to sent a Complaint as he is the one doing all the

correspondence.

I will record next time, but I had no ideal he was going to call.

Thanks,

Betty

[Done wit this]

Betty,

Sounds like another untrained VA employee,Think about that! does it really surprise you. Keep your headup :P

Macool

[Josephine]

Betty

Don't listen to these idiots. They probably think you are asking for a NSC pension. They are ignorant. TDIU has nothing to do with income if you are SC. You could have ten million dollars in assets and your spouse could be making a million a year but you can still get TDIU for SC disabilites. McCain gets 100% and his wife has 100 million in assest.

John,

He just went on and on of his knowledge of Title 38 and how the VA

could find me unemployable, due a service connected illness, but I

sure better not expect them to pay me for it.

My husband had too much income.

Well maybe they are at least working on his 11 years retro as my

dependent.

He knew enough about him.

Thanks, I am calming down now.

I don't know why I allow these idiots to get me down and doubt

my own sense.

Always,

Betty

[Josephine]

Betty,

Sounds like another untrained VA employee,Think about that! does it really surprise you. Keep your headup :P

Macool

Hi Rick,

Thanks, why I allow them to get the best of me, I will never know.

Thanks so much,

Betty

[Rockhound]

Betty....this guy is an assclown. If you are receiving a pension, then YOUR income enters the picture. Not your HUSBAND's. For purposes of IU compensation, there is absolutely nothing in Title 38 that says your husband's income is counted. This guy is wrong, wrong, wrong. Send in a complaint to the VSCM at Huntington, and request that this asshat be fired immediately!

Rentalguy1: Pesion and compensation are two different things. Pension is for NSC conditions which may be added to SC conditions if TDIU is an issue. For NSC pension purposes, all houshold income is counted towards a differential means test. Husbands income, even a childs income from part time or full time, if still living at home cauld and can be counted towards household income. Even income derived from other sources has the potential of affecting the differential means test for NSC pension, one would get from the VA. Another thing to point out about NSC pension is that any income from those sorces the VA lists as household income must be reported the month they are recerived and if they are received on a regular basis, it must be reproted as such, any increase or decrease is also required to be reported to VA. If not, it could have some effect on future NSC pension you might receive in the future.

Pesion is language for NSC conditions which render you 100% disabled and unable to work or if not 100%, then you meet TDIU requirements.

Compensation is language for SC conditions that VA pays.

Oh Yea, If you pay out of pocket for medical reasons, I believe that is subtrated from the household income means test, for NSC pesion also. I guess that means if your household income is 100 dollars and you pay out 50 dollars, then your income means is only 50 dollars which would then be deducted from the total that the NSC pension was for.

Rockhound Rider :P

[Rockhound]

I must disagree with those saying that IU is not considered in NSC Pesion. I received a NSC pension and my total disability was 80% VA math 70%, I was also considered TDIU or not employable. So you do not have to have NSC disabilities that total 100% to qualify, so long as one of the disabilities is 50% or more and you are unable to hold down any job. I believe the substantial income means is the same as for SC conditions, but if you do work, I'm not so sure you would be considered for TDIU. If they did award you NSC pension for 100% disability for NSC conditions, then that income would be deducted from the total that the NSC pension paid. But then again, I don't think you would get a NSC pension if you were working, even if it was part time.

That is not to say, Not to apply. By all means apply, showing that you are not able to hold down a job that meets the substantial means income test. At least if you got you NSC pension, then even subtracting your income from the pension amount, would hopefully be more than you are making part time.

It helped me get buy until I qualified for SSDI, but even though SSDI paid more, It doesn't allow for anything extra and I am seriously considering selling out and moving to a climate that is warmer in the winter, since I can not afford to pay the rising costs for winter heating bills with what SSDI pays.

Rockhound Rider :P

[rentalguy1]

Pension is for NSC conditions which may be added to SC conditions if TDIU is an issue.

OK...if you're 100% positive on this, then Betty may have a problem. If I'm not mistaken, I believe that she is getting a NSC pension in addition to SC'd comp. Did this change on the last rating you received, Betty? This might actually be worth looking into, and the asshat on the phone may have been correct if this is the case. Please let us know on the NSC pension.

[Rockhound]

If you are receiving compensation for a SC condition and you have NSC conditions that bring your total to 100% Then if your SC compensation is not more than what you would get for a NSC pension and you are IU, then the VA is supposed to consider you for a NSC pension. If the SC compensation is less than the NSC pension, then if you also qualify for NSC pension, then your total award would be made up of both your SC compensation and your Pension, but not to exceed the NSC pension award.

Yes, then total houshold income would be considered in the income means tests on how much the VA will pay once it was added to the SC compensation, that total would then be deducted from the NSC pension amount paid to meet the total NSC pension award allowed.

Rockhound Rider :P

p.s. sorry for duplication, but thought I should include this, since I am unclear as to what total SC conditions at what % percentage and how much NSC conditions we are talking about.

[john999]

Betty has a current 70% rating for a SC condition. That is enough to apply for IU. She does not need to even consider a NSC pension. She needs to fight for the SC TDIU and not consider anything else except,perhaps, a straight 100% SC. Forget the NSC pension. What Betty wants to do is demonstrate that he SC condition is the sole cause of her being TDIU. This way she can get SSDI and TDIU with no offset.