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

[Philip Rogers]

Yes, Berta, that makes sense. With your new award should come new delimiting dates, less any months of actual benefits you've previously used.

In our case, the hearings officer (or he may have been a DRO but I don't think so) told me that I should file a CUE on my claim decision rather than appealing hers and that since my file was there they could probably make a decision quite quickly, which they did. It's nice cuz she's 39, is considering changing fields and going into nursing, so she has a choice as to which time period to chose.

To answer your question, yes, you should get a new delimiting date.

pr

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?

[john999]

I can't believe the VA moved that fast considering the amount of money involved. Your claim makes perfect sense to me. Do they understand that they will owe over 100,000 bucks for her college? It does not matter because they have to pay. I filed a CUE all the way back to 1971 asking for IU to that date instead of the date I got which was 2001. If I even get 50% instead of the lousy 10% they rated me at that will be a nice pile. My claim is on the way to the BVA now. I have a lawyer and hope he knows what he is doing. He says the cue is obvious and that the VARO where the mistake was made is just too chicken to award it. I hope that is the case. I was unemployable and my doctor said it due to my SC condition and the VA just ignored or never considered that evidence. They only considered their doctor's evidence which said schizophrenia and gave me 10%. They used my in-patient hospital records to make the rating. A person who is sitting in the nuthouse gets 10%. The 10% for schizophrenia is just unbelievable in itself. You are psychotic but only 10% worth. The decisin became final because I was too sick to appeal it. I did not know I could appeal because the decision did not come with appeal rights.

If you get a pile you might buy a immediate annuity. This way you get income for life from the money and are not likely to just case it in to buy a boat.

[Philip Rogers]

John, there is no pile of money. At best, she could get a few yrs of about $915 a month, the current rate. At worst, they paid about $375 a month back in the early '90's and she could collect that, for about 36 months, which would be about $13-$14k. No big award but it will help, whatever she chooses.

I helped, my dear friend, Tom McNell, who used to post here, prior to his death, win a retro to around 1955, for prostatitis(sp). They ended up awarding him either 10 or 20%, retro and he got a check for around $35k. We were supposed to got to the orient for 3 wks to relive our youth but he paid bills instead. What a guy he was!!!!

pr

I can't believe the VA moved that fast considering the amount of money involved. Your claim makes perfect sense to me. Do they understand that they will owe over 100,000 bucks for her college? It does not matter because they have to pay. I filed a CUE all the way back to 1971 asking for IU to that date instead of the date I got which was 2001. If I even get 50% instead of the lousy 10% they rated me at that will be a nice pile. My claim is on the way to the BVA now. I have a lawyer and hope he knows what he is doing. He says the cue is obvious and that the VARO where the mistake was made is just too chicken to award it. I hope that is the case. I was unemployable and my doctor said it due to my SC condition and the VA just ignored or never considered that evidence. They only considered their doctor's evidence which said schizophrenia and gave me 10%. They used my in-patient hospital records to make the rating. A person who is sitting in the nuthouse gets 10%. The 10% for schizophrenia is just unbelievable in itself. You are psychotic but only 10% worth. The decisin became final because I was too sick to appeal it. I did not know I could appeal because the decision did not come with appeal rights.

If you get a pile you might buy a immediate annuity. This way you get income for life from the money and are not likely to just case it in to buy a boat.

Edited July 11, 2009 by Philip Rogers

[Philip Rogers]

Billy, if your claim has been under continuous prosecution, the award should go back to original claim date. By continuous prosecution, I mean appealled, not requested an increase, which many VSO's recommend claimants do. If not, then it'll probably be the date of TDIU claim or whatever date they find you IU.

pr

Anyone,

I have a question. If the VA grants me TDIU will it go back to the original effective date of original claim or just back to when I wasn't able to work?

Thanks, Billy

[Philip Rogers]

Billy, I was lucky in that I kept appealing, w/o losing my date. I even filed new TDIU claims, to protect myself, in case I was doing something wrong. SSDI screwed me by writing an appeal up as a new claim, instead of an appeal. Cost me 2+yrs.

pr

Thanks Phil, This is an original claim for IU.

Man, I wish it went back to my original claim date but as i'm reading this it just goes back to time I filed or when I became too disabled to work.

Billy

Edited July 10, 2009 by Philip Rogers

[Philip Rogers]

Billy, not to worry, I'm still considering going after the SSDI. I think I can win but it's a matter of whether I feel it's worth the effort. If it went back the 2 yrs my SSDI rate would probably be higher (cuz of the 10 yrs they used I had 2 yrs w/no income), plus I'd get the 2 yrs retro. I'll probably do it sometime this yr.

pr

Hey Phil, I think when we've been burned once we become quick learners. Sorry to hear about the SSDI.

Billy