tdiu Playing P&t Games Again

[dav_marine72]

Well just when you think you can stop stressing the VA makes you stress again. I'm not sure how many of you so my posts within the last month but here is the deal.

My American legion rep goes up to the VARO and signs off on a September 16, 2009 decision granting a few things including TDIU and dependents educational assistance (DEA). Under the grant of DEA it states a Veteran is eligible for DEA when he or she is discharged under other than dishonorable conditions and has a permanent and total service connected disability.

I receive a grant letter dated September 18, 2009 with all the above minus the DEA award.

I call my SO and he says no your P&T.

I go to the VARO in the next couple of days and ask for a copy of my latest rating decision. I get a copy of the September 16, 2009 decision showing the grant of DEA. However, the rep won't tell me if I am P&T. He says I can tell you is that you are TDIU and have DEA benefits and he underlined them. I go down to my American Legion rep and he says by establishing DEA they have rated you P&T and you are eligible for champva. The only way you can get DEA is though P&T. I said why doesn't it say P&T directly on the letter. He says this is how they have been awarded P&T now. They used to actually spell out P&T.

Then since I filled out a release that day a few days later I get the September 18, 2009 rating decision again without the DEA.

So I'm cool and happy and file my CHAMPVA application. Then I call this morning and find out its denied because they say I'm not P&T.

I called my AL rep and leave a message. He tells me he went up to the RO and saw the September 18th decision without the DEA grant. However the code that was on the sheet he signed off on was P&T. He pleaded my case and we are waiting to hear back. WTF!!!!!!!!!!!!!!!!!!

[john999]

If you are P&T then your TDIU decision letter should state you are eligible for Chapter 35. They never come out and say you are P&T. They either grant Chapter 35 or deny it. I had Chapter 35 for years and tried to get the VA to send me a letter stating I was P&T to send to my disability insurance company, but the VA would not do it. I do have a letter from the VA saying I am P&T but it includes a bunch of medical information I don't want to spread around to every Tom, Dick and Harry.

[dav_marine72]

Hey John,

That is what I heard. The copy the American Legion SO signed off on said entitlement to chapter 35 benefits, my letter didn't, and then I went to the RO and they printed me a copy which showed the award of chapter 35 benefits. Then strangely the release of information I had filled out for the copy showed up at my mailbox a week later with a copy that did not have the award. How can they play this shit? I think based on the fact my rep signed off on a copy with chapter 35 and they gave me a copy I should win this crap. One difference is the letter that showed the chapter 35 award was dated September 16 and the one without September 18.

[Commander Bob]

Hi Berta,

... there is two drafts of my award letter floating around. The original which had DEA included and the one I received which had DEA removed....

Welcome down here, "between the cracks", Marine 72... I just got notified that I fell off the "Hero's Project" at the VAMC Dental clinic. It's basically a fee basis program. I guess I'm no longer a hero at the VA...LOL.

RE: your fall through the cracks case, ( JMHO ) it looks like the September 18th award letter has superseded your VA award letter of September 16th. Why is that???

Best wishes for a successful resolution to your Chapter 35 issues.

Edited October 20, 2009 by Commander Bob

[john999]

Bob

The best way to become unpopular at the VA is to ask for something. When you go forward with a claim for compensation you go from being a hero to undeserving burden on society.

[Vync]

Dav_marine,

I hope they get your P&T fixed asap. There is nothing more frustrating than dealing with a bureaucracy.

[Berta]

Hartford, COnn

Ena Lima VSCM -1-808-433-0531

I couldn't fing any other number for Hartford

-----

VARO 308/00 in Newington, Conn

David Leonard Director

1-860-666-7304

Fax 1-860-667-1062