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.

[dav_marine72]

Thanks Testvet and Broncovet,

Yes I appealed well within the time period. I think you gave me what I was looking for Bronvet. I want to use that as evidence to bring up reasonable doubt I just didn't have the puzzle totally assembled. I actually got a response two weeks ago from the VARO and where I appealed P&T and asked why they changed it all they did was regeritate the first decision saying I had temp 100% for my back due to my surgery for 3 months. I was like okay I already know that where is the P&T question. They also awarded me the lowest convelesent leave even though my surgeon said totally disabled and unable to work for 6 months. The problem was a nurse for his office had filled out another form stating 3-6 months of no work. The reason it matters is because I recieved SMC (S) during the 100% temp period and then it was taken away. I did appeal it based on bradley vs peake but until my ratings change for my back from 50% to 60% the are trying to say I was TDIU due to my back and mental. My SO said because my temp 100% started in March 2009 and they gave me TDIU in May 2009 I can't appeal the temp 100% rating. I don't know about that one.

[broncovet]

Remember, stuff is so crazy at the VA that "crazy" is the new normal for the Va. While you are appealing you might even try this:

Apply for something like DEA, or something that they only give to P and T's like fishing licenses or somthing like that, depending on your state. Reason: You could already be P and T in the computer! More than once I have heard about Vets who were P and T, but the decision did not specify that. Some decisions say, "no exams are scheduled" and our tax assessor, when we apply for a tax exemption, for example, is supposed to be able to interpret that to mean we are P and T!