tdiu Any Legality In A Copy Of Decision That Was Changed?

[dav_marine72]

Hi Everyone,

I am just curious about my P&T claim. I don't know who remembers but I was intially granted TDIU and P&T based on an intial RO decision. This decision was giving to my SO and I got a copy of it from the RO. However, the decision mailed to me omitted the P&T part. Is there any legality I can leverage with this copy?

In the copy I have they award dependents educational assistance under 38 U.S.C charter 35. Here what it stated:

Eligability to dependents educational assistance is derived from a Veteran who was discharged under other than dishonorable conditions; and has a permanent and total service connected disability. Based on a grant of individual unemployability basic eligability to dependents educational assistance is established from May 19, 2009.

I know they can cry this was a draft just curious if this has any bearing or not. Thanks.

[Chuck75]

To me, if you have both copies, you have a case for "CUE" This is based upon the denial of awarded benefits without "due process". I assume that you did not receive any notice of the first award being issued in error.

[dav_marine72]

That is correct. I just recieved a different rating letter with the P&T dropped off of it.

[Testvet]

Have you asked the VARO for the letters you need for ID cards and state benefits like property tax exemptions have you contacted CHAMPVA for the benefuts for your spouse and any kids that would be eligible you might be fully entitled and they just did not spell it out it does happen. Try to see if you can get the letters that P&T veterans get for their full range of benefits I have learned one thing with the VA never "assume" anthing with them when I was rated 50% they sent me the CHAMPVA booklet why at 50% ny wife and son were not eligible for Champva they made a mistake it was that simple just call the 1 800 number and aks for the letters and see what happens.

[dav_marine72]

Actually my service officer went up to the RO to find out what was going on. He was told by the manager that they had reviewed my case and did not agree with the rater. They said I was too young and there was a good chance I would get better. My SO explained that I had just had my second failed surgery an L3-S1 fusion and I just couldn't work anymore. He told them I worked for years in severe pain and the issue had been going on for 13 years. Then he went over to a DRO he knows and asked her about my case. She said you could appeal it but she wouldn't overturn the rating. She stated that she had to work for the manager and if she decided I rated P&T it would be bad for her seeing that had to work together everyday. He explained I had a wife and three children. She said there was nothing they could do. So after that he called me pissed off and said forget DRO's etc. lets just go to the BVA. He said it was a political issue and they would not budge.

[Testvet]

I ran into that problem with my CAD and hypertension the VARO would NOT approve iut and I had to go to the BVA for approval good luck the wrost thing they can do is say no, just make sure you have some doctor statements saying that you are NOT going to get better.

[broncovet]

If I understand you correctly, the "new " decision does not state your eligibility for DEA, so you are assuming it is NOT P and T, correct? Does the "new decision" state that you are NOT P and T? Remember the Va is inconsistent at writing "P and T" or NOT P and T on its decisions, often frustrating Veterans who know that many of your benefits depend on whether or not you are p AND t.

Imho, you need to appeal this. I do not recommend anyone try to meet the higher standard of CUE, UNLESS there is no option, such as a simple timely filed appeal. That is if you did not file a NOD in a year, then you have no choice but to file a cue and try to meet this more stringent level of proof.

I think you should file a traditional NOD, and ask for a DRO review even tho he says they wont budge on it. Remember, this is a judgement call, and whover does your DRO review will likely be someone

I think in your appeal, you really should use your copy as evidence. That is, at least one person in the Va thinks you should get P and T, then someone else changed it. That is, the "benefit of the doubt" should go in your favor when one person thinks you should get P and T and someone else does not..since that is an "interpretative doubt" that should be resolved in favor of the Veteran. JMHO.