tdiu Can Someone Help Me?

[Cherie33]

Hello Fellow Vets,

I was reading another post and it was stated that if you are 70% TDIU, you should get the same benefits as being 100% P&T.

When I was awarded 70& TDIU, I wasn't told that I would be eligible for ChampVA or education benefits for my spouse? As a matter of fact, I was told that I would be re-evaluated in April 2010....So, I'm a little confused.. Can someone explain..

Thanks,

Cherie33

[sharon]

As you have a future exam you have not been rated permanent and total. More than likely after the exam you will get your P&T. CHAMPVA and Chapter 35 should be awared at that time.

[Cherie33]

As you have a future exam you have not been rated permanent and total. More than likely after the exam you will get your P&T. CHAMPVA and Chapter 35 should be awared at that time.

Thanks Sharon! That's what I thought...

Cherie33

[broncovet]

Cherie

IMHO the VA's "P and T" status is one of the VA's dirty tricks. Many times the decision does not mention if the Vet has been declared P and T or not. So, the Veteran is left in the dark, and so is anyone else who you give a copy of that to when considering you for other benefits. For example, many states have a property tax exemption for 100% P and T Vets. So, if your decision does not specifically state that, even if the VA computer says you are P and T, you probably will have a big hassel trying to get approval for that. Same with Champva and Chapther 35 benefits.

Sometimes the VA uses a "foreign language" to frustrate you. That is, they wont say in the decision something unambigious like, "Veteran is 100% Permanent and Total", but they will say things like, "Veteran is eligible for Ch.35 or Champva" or sometimes, "No future exams are scheduled".

You see, the VA knows "No future exams are scheduled" means P and T, but your local county tax bureau does not know that. So you wind up hasseling them because the VA wouldn't come right out and say it in your decision, but instead uses one of their "dirty trick" codes.

Of course, if you complain to the VAOIG about things like this, the Va would do an investigation in about 4 years and conclude you are right, and then the RO would blame

"poor training" or "human error" on the problem.

What to do about it: IMHO if your VARO decision does NOT specifically state, "Veteran is 100% P and T" but you think you are, then send em a 21-4138 and ask them to clarify the position. At my VAMC , there is a guy at the VA hospital who actually works for the VARO, called a "benefits counselor". Of course, everything varies with each VARO, but this guy will write you a letter to the effect that you are 100% P and T and eligible for free fishing licenses, free camping, commisary benefits, etc. etc as he has access to VA computers and can look up your status. He signs it right then and there and hands it to you. Of course, if you have to write to the VARO to do this, it will take months or years or maybe not happen at all and you will "miss out" on many of your benefits.

Edited March 7, 2010 by broncovet

[hulamatt]

Cherie

IMHO the VA's "P and T" status is one of the VA's dirty tricks. Many times the decision does not mention if the Vet has been declared P and T or not. So, the Veteran is left in the dark, and so is anyone else who you give a copy of that to when considering you for other benefits. For example, many states have a property tax exemption for 100% P and T Vets. So, if your decision does not specifically state that, even if the VA computer says you are P and T, you probably will have a big hassel trying to get approval for that. Same with Champva and Chapther 35 benefits.

Sometimes the VA uses a "foreign language" to frustrate you. That is, they wont say in the decision something unambigious like, "Veteran is 100% Permanent and Total", but they will say things like, "Veteran is eligible for Ch.35 or Champva" or sometimes, "No future exams are scheduled".

You see, the VA knows "No future exams are scheduled" means P and T, but your local county tax bureau does not know that. So you wind up hasseling them because the VA wouldn't come right out and say it in your decision, but instead uses one of their "dirty trick" codes.

Of course, if you complain to the VAOIG about things like this, the Va would do an investigation in about 4 years and conclude you are right, and then the RO would blame

"poor training" or "human error" on the problem.

What to do about it: IMHO if your VARO decision does NOT specifically state, "Veteran is 100% P and T" but you think you are, then send em a 21-4138 and ask them to clarify the position. At my VAMC , there is a guy at the VA hospital who actually works for the VARO, called a "benefits counselor". Of course, everything varies with each VARO, but this guy will write you a letter to the effect that you are 100% P and T and eligible for free fishing licenses, free camping, commisary benefits, etc. etc as he has access to VA computers and can look up your status. He signs it right then and there and hands it to you. Of course, if you have to write to the VARO to do this, it will take months or years or maybe not happen at all and you will "miss out" on many of your benefits.

what Varo are you at

[john999]

When I was denied Chapter 35 when I got TDIU I appealed the denial. One year later I got my Chapter 35 which means I was rated P&T retro to the date I got TDIU. When the VA denies you a benefit I say appeal it.

[Commander Bob]

Hello Fellow Vets,

I was reading another post and it was stated that if you are 70% TDIU, you should get the same benefits as being 100% P&T.

When I was awarded 70& TDIU, I wasn't told that I would be eligible for ChampVA or education benefits for my spouse? As a matter of fact, I was told that I would be re-evaluated in April 2010....So, I'm a little confused.. Can someone explain..

Thanks,

Cherie33

Future exam. To make sure you are IU.