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!!!!!!!!!!!!!!!!!!

[dav_marine72]

Thanks Berta. Do you think it's a good idea for me to call and b*tch or should I let the SO do it?

[iraqx2]

I am sorry you going thru this. Needless to say, don't believe anyone when it comes to this and make dawn sure every decision states " P &T ". You will also need that for other benefits such as state and local specifically available only to P&T vets. Good luck.

[dav_marine72]

Yeah the problem is the VAROs don't want to admit P&T for anything. You have no control overt the VARO stating P&T. I think it's ridiculous that they award it by entitling you to dependent education benefits chapter 35. However, it does look that way as my SO, a vet on here and many cases at the BVA state this is how it's awarded.

[Commander Bob]

Yeah the problem is the VAROs don't want to admit P&T for anything. You have no control overt the VARO stating P&T. I think it's ridiculous that they award it by entitling you to dependent education benefits chapter 35. However, it does look that way as my SO, a vet on here and many cases at the BVA state this is how it's awarded.

How did it go today at the VARO today, marine72? Today is Friday.... If you don't get this resolved today, then you will have to stew in this mess all weekend. Torment will follow, Monday morning, about 2 or 3 minutes after you wake up in the morning. You may have to file a NOD. However, if you got the "sorry it was a glich, and you are not P&T". what is the plan?What does your A.L. rep. plan to do?? It's now a quarter after five pm, your time..... What happened today?

[dav_marine72]

Hey Commander Bob,

Didn't hear a word back yet. My wife has been so stressed out now that health care is not a done deal. We had cobra and it runs out Nov. 1st. I'm not sure the exact attack plan yet. I just finished up my NOD for the same decision based on they severed my entitlement to SMC housebound, filed a claim for Aid and Attendance, and appealed 0% hypertension and 0% eczema. I'm sure they will come back mistake in their favor and I will have to NOD. Funny thing is my main issue although not rated as high as my mental is my back. I've had DDD for over 12 years with two failed surgeries including an L3-4, L4-5 diskectomy and laminectomy in 2000 and then most recently a L3-S1 fusion with titanium cages rods and screws. I also had about 8 injections since 2006, worked up to 3 30mg oxycodone and 3 40mg oxycontins a day, a failed spinal stimulator, had an outside exam by a spine specialist that showed atrophy and muscle wasting of my calves, quads, and some other lower extremity muscle group which he tied back to the L3-S1 nerve roots, I was prescribed a cane, I'm not allowed to drive via my surgeon, not allowed to leave the house alone via my siurgeon, etc. etc. Yet the VARO seems to think my back has a chance of getting better!!!!!!!! LOL.

Anyone have any ideas on how to attack the P&T if or should I say when they come back and say they awarded it as an error?

[LarryJ]

Hey, Jarhead, do you have a veterans service officer, or is the A.L. just B.S'n ya into thinking that you do?

Where is your Regional Office located? and does your American Legion have a presence at that Regional Office?

This sounds like something that could and should be taken care of by your VSO simply walking down the hall at the RO and saying "Hey, Jim (or Jimmie), I got this vet that's got a problem, can I buy you a cup of Starbucks and let's take care of this? Purty please?"

Jeeeez.

One question, without having to go back and read all the posts, did it say anything about "no future examinations scheduled" and, if so, in which of the different letters did it appear?

The RO's, for some really unusual reasoning, does NOT like to say "P&T". They are afraid that someone just MIGHT hold them to that............somewhere down the line.