ptsd I Need Some Help On Locating A Precedent(sp) Wings, Anyone!

[Philip Rogers]

It took me 10 yrs to win 100% P&T, and on the way I won increases at each step, but in the end, the BVA awarded me 100%, P&T, retro to 1989, w/Chap 35 for my wife, at the time but they failed to award my daughter, Chap 35, then, and she was 19yo. As my daughter and I were/are estranged I didn't pursue the error. The VA is saying that the exam that awarded me P&T was done in 1997 and therefore my daughter was over the age. I'm saying that since I was awarded P&T, in 1999, retro to 1989, all the additional awards after the initial exam and award, which, btw, were for PTSD, are moot, as the original claim was under constant appeal and was eventually won, thereby voiding all subsequent claims/awards. I was awarded TDIU, w/P&T, in 1997 but the 100%, w/P&T, that was awarded in 1999 retro to 1989 voided that award.

I need a precedent that establishes that when the original claim is won, all subsequently awards/claims are moot or voided. I'm sure there's one out there, it's just that I'm not a good researcher.

We have a DRO hearing in about 2 wks, on her appeal. I'm thinking I should also file a CUE on the original BVA award, based on the failure to award my daughter, in the original decision. It's definitely a CUE. Thanks, all!

pr

[deltaj]

Berta, I have the current 2008, VBM. I've given my old volumes away. I'll check that when I get home. Thanks!!

pr

The delimiting date for educational benefits can also be extended for dependents including the spouse if a request for extension based on disability is submitted to V.A. along with proof of a period of disability and the request for extension and the evidence is received by V.A. within one year of the delimiting date. There is also an extension available on one V.A. General Counsel Precedent Opinion if another V.A. examination is scheduled on the veteran and chapter 35 is reconveyed again for a second time. Then it's ten years from that new notification and there is again a one year period for submitting for extension, I think. I know this because I did receive both extensions mentioned here.

[Philip Rogers]

Just an update. Today, I received a favorable decision, on my CUE claim, awarding me an EED, of 1989, for P&T and Chapter 35 benefits for my daughter. She is now eligible to receive payment for the 4 yrs she attended college. It only took 4.5 months from when I filed the CUE. Sweet!!!!!!!!!!!!!!!

Carlie, Berta & deltaj - thanks for your help on this!!

pr

It took me 10 yrs to win 100% P&T, and on the way I won increases at each step, but in the end, the BVA awarded me 100%, P&T, retro to 1989, w/Chap 35 for my wife, at the time but they failed to award my daughter, Chap 35, then, and she was 19yo. As my daughter and I were/are estranged I didn't pursue the error. The VA is saying that the exam that awarded me P&T was done in 1997 and therefore my daughter was over the age. I'm saying that since I was awarded P&T, in 1999, retro to 1989, all the additional awards after the initial exam and award, which, btw, were for PTSD, are moot, as the original claim was under constant appeal and was eventually won, thereby voiding all subsequent claims/awards. I was awarded TDIU, w/P&T, in 1997 but the 100%, w/P&T, that was awarded in 1999 retro to 1989 voided that award.

I need a precedent that establishes that when the original claim is won, all subsequently awards/claims are moot or voided. I'm sure there's one out there, it's just that I'm not a good researcher.

We have a DRO hearing in about 2 wks, on her appeal. I'm thinking I should also file a CUE on the original BVA award, based on the failure to award my daughter, in the original decision. It's definitely a CUE. Thanks, all!

pr

[Pete53]

I love to see a plan come together and a Veteran get their just desserts.

Congrats PR and thanks to all who helped.

[Philip Rogers]

GruntDaddy - no money, it was just about getting my daughter Chapter 35, DEA benefits, by changing the P&T date. The original retro award, for the 10 yrs, before I won, less the comp paid during the appeal process, was a few hundred under $100k. My daughter is now 39yo. So she'll have a choice of receiving the retro award or should she attend school now, receive payment at the current monthly rate.

pr

Man, you don't have to answer but I was wondering how much that retro was??? I'm not prying, just curious and I understand if you don't want to answer.

That had to be a HUGE retro check.

Billy

[Berta]

WOW and MORE WOW!!!!!!!!!!

You have proved a point we make here all the time- Nothing is impossible -NOTHING!!!!!!!!!!!!!!!!!!!!!!!!!!!

I am absolutely thrilled for you and your daughter-Philip-

A hadit member wins a CUE!!!!!! Wonderful!!!

Just think if you had given up or never even filed a CUE claim!

I might need your take on a Chap 35 issue too-

Va awarded me and Frances Chap 35 in 1997-I sat on it and only had 2 years left under the widow's regs when I went to AMU-

Frances got her Chap 35 extened by her 7 years of mil service and still has time to use it for her Masters-

BUT with the award of direct SC death I contend that this renders the 100% SC P & T award to my husband and that Chap 35 -as a moot issue and I have asked them to give me and Frances as well a better limiting date-starting on APril 29th, 2009-

so that I can get back the 6,000 I spent to finsh my degree when CHap 35 was over and so that I can go back to AMU-

Philip- does that makes sense to you?

The widows regs are a little different than your daughter's and mine under Chap 35 100% P & T but I told them direct SC trumps all awards I got and they owe me plenty in other areas too-

If we never ask -we dont get-

I guess my question is - with recent award of direct SC death-

doesn't that entitle me to a new Chapter 35 award?

Because the other award was based on Rods posthumous 10O% SC P & T award.

Or at least refund of my 6,000 tuition I paid myself when Chp 35 ran out?

[Philip Rogers]

You don't even want to know. Ended up purchasing a house, to replace what we lost, during the appeals process, went back w/the then estranged spouse only to decide it wasn't for me and then went thru a messy divorce. Money was gone in no time. I settled easily in the divorce. I've since forgiven her and life has gone on! I'm content that my bills are paid each month. Do I wish the VA would do the right thing - yes, but that's not likely, unless Congress does something and that's not likely to happen. Just more smoke & mirrors!!!!!!

pr

Thanks, did you invest, pay off the house? Just wondering what Vets do with big retro since I might get a nice retro check down the road and I want to use it wisely. First thing I know I will do is pay off my bills but what's left over I don't want to be irresponsible. With my bipolar condition I could see me becoming manic and spending all of it on something stupid.

Thanks again,

Billy