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

[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.

[Josephine]

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.

Shane,

Yes, I was awarded a NSC, but was denied due to my husbands income.

I never received one penny from the VA.

The NSC was for the same conditons that I later service connected.

The NSC did award me un-employability back to 1983 due to

disabilities.

50% was for chronic anxiety

10% was for migraine headaches

20% was for inner ear

The list goes on.

I came in and service connected the Chronic Anxiety at 70% service

connected with retro to 1992, the VA's date of my first filing.

The NOD of 2004 was for chronic anxiety and service connection for

headaches, and were treated for in the service and ever day since

service.

The Both New and Both Material Evidence re-opened the claims for

Chronic anxiety and for Headaches.

The DRO adjudicated the Chronic Anxiety and I went as far as the BVA

and awarded by the Judge with the retro.

The Headache claim has never been adjudicated.

This is what the Appeals Team is doing in Huntington now, working

on this claim.

They can't believe that this happened, so they are going through

paper work and more paper work looking for clues.

There is none to be found. The DRO dropped the ball on the headache

claim.

I have not worked since 1983 due to Chronic Anxiety, but when the

VA hides or over-looks your " Psychiatric Records" with each filing

date and you yourself turn them in then the claims are all re-opened.

I want the Un-employability. This is what the Case Worker Jody and

I were arguing about.

He said the VA would find me unemployable due to Chronic Anxiety

but for me not to expect them to pay me due to my husbands income.

He told me to go read Title 38. I told him if my husband had

a million dollars, it would not affect my claim with the VA. and then

I slapped the telephone in his ears.

Thanks Shane,

Betty

Edited July 10, 2008 by Josephine

[Josephine]

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.

John999,

This is correct and I believe this Jody saw the nicer side of me

today. I cannot tolerate stupidity.

He was kind enough to give me his private fax number, to fax the

date stamped May 28th TDIU Form and my Papers from Social Security.

He did sent me this just a few minutes ago.

Mrs. Xxx

We received your faxed documents that included the VA Form 21-8940, the Social Security Administration Letter, two typed personal letters.

We will add these documents to your case file and as we have stated in our previous response, we will now process your claim for Individual Unemployability.

We appreciate your response and thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

Joseph R. Beaudoin

Veterans Service Center Manager

[rentalguy1]

OK...so you are SC'd for Chronic Anxiety at 70%. Therefore the NSC part does not play in. So....You're GOLDEN! Tell the guy that called you that I said he is an asshat, and if he messes with you again, I'll kick him in his happy place :P

[Josephine]

I will be most happy to, Shane, you are such a dear!

What would I do without you guys and gals on this site.

Boy, I get myself into some messes with the VA and look

who comes to rescue me.

I Thank God for all of You!

Betty