tdiu I Took The Offer

[halos2]

VSO called within the last 2 hrs and DRO offered 100% IU PT Chapter 35 no future exams if I would drop all of my other claims. Thought about it, talked about it to my good friend Larryj, and to my daughter, and I settled for it today.

If not I was looking forward to 6+ new C&P exams...realizing 1 claim went back to 04, another 05, 2 more 07, and BVA remanded one , and knowing how dirty they have treated me, I asked the eight ball and rolled the dice and got "outlook looks favorable" so I decided I didn't want to risk them taking away what I already had, and took the 100% PT.

I am having second thoughts, but one never knows...it has been consuming me and engulfing me in its grip for all these years...and as we all know with them denying me/declaring me deceased/severing me/low balling me/remanding me...My great advisors said "Follow the yellow brick road to the bank now!"

So I just called my VSO and told him ok as the VA would not use my older TDIU claim dates as they said I was not meeting the criteria for these using those dates but did meet the criteria as of Nov last yr.

So within the last 4 1/2 weeks I went from 50% to 60% to 70% to 100%...

Come on fellow friends tell me you would have accepted this offer.

I am such a "RIGHT" person, and a strong one I was willing to battle on, but the system is not a fair one and they could last longer and hold out longer then I could live, so I accepted the offer also suggested by my VSO.

Why don't I feel great about it now though??

[LarryJ]

I have no clue why you sai dal this about eating with no teeth.. I have not had teeth in 10 years, and before that they were like shards of broken glass melting away... the VA refused to help,, I had to go to a dental school to have them removed. I was always woken up and spitting out broekn peices and had them sticking through my tongue and lips, bleeding all the time,, intestinal disease had caused them to melt away, so when statements like this are said, it only brings me back to the last days of my teeth..

I gum food now, the false teeth are worthless for trying to eat.. if my falst teeth could be fixed or adjusted soemhow, I really don't know.. the VA wil not help me.. maybe if they fiannly give me 100% they might help?

If, IF the VA is treating you for your "intestinal disease" then they should treat your dental disease co-incidentally. Or, possibly, vice-versa. Worth looking into, anyway.

Will the dental school not make the necessary adjustments with your teeth? Also worth looking into.

[retiredat44]

If, IF the VA is treating you for your "intestinal disease" then they should treat your dental disease co-incidentally. Or, possibly, vice-versa. Worth looking into, anyway.

Will the dental school not make the necessary adjustments with your teeth? Also worth looking into.

I paid them about 10 years ago... and paid a few thousand for the removal and making new teeth.. (the denatl school was the cheapest possible way to have the remains surgically removed.. I guess after a few years they no longer fit, and need adjusted.. I don't have the money for that stuff..

plus they are 100 miles away,,, each way... I am too sick to drive...

so, I wil just gum my food... I have been all these years..

if by chance with 100% I do get dental, I would like ot ask if they can fix the false teeth..

if not, oh well...

Edited July 30, 2010 by retiredat44

[Testvet]

The VA Dental clinic makes excellent dentures after I got my P&T I went to the dental cinic and made an appt the doc I saw was excellent since I drive70 miles to the VA instead of taking 2 visits to make the impressons (they normally do them one at a time top the first time and the lower gum the 2nd visit) I never had any problems with them he made a perfect fit and they look good they are not the 300 version you see at these low cost clinics that advertise

[JamesBreckenridge]

A veteran private messaged me...

I have a question. At least one Vet on this board, (probably more) claims the VA has made them a "deal". Example:

My question is what would happen if I offer a "deal"? I am tired of waiting and feel my health would improve if I could get it over with, and am willing to compromise, at least within limits, just to be done with it.

As I explained before, we're not supposed to wheel and deal, because it could ultimately lead down a very bad path. You would have veterans who have a hazy understanding of veterans benefits law (at best) "negotiating" with people who are experts and have all the bargaining power. Even if a veteran were to call me (who has nothing but the vet's best interest at heart), the unequal bargaining power between us would look very bad to a judge if it ever got appealed to a BVA judge or god forbid the CAVC.

So what we wind up doing is scrupulously developing every claimed issue, even the ones we know are going to ultimately be denials, and we have to address every one, because the veteran is entitled to their appeal rights for each issue denied in a rating decision, and if we don't give a decision on it, they can't appeal it.

That said... perhaps, MAYBE you could talk to a VSO who is colocated at the Regional Office. If you've claimed 50 vague and poorly described conditions, most of which are denials, but you have a few slam-dunk grants in there, find out. Have them talk to the rating specialist. The rater is interested in two things; granting you money, and making their production quota. Wading through 49 denied issues just to get to the one single grant is no fun, and slows us way down. It would be nice if we could call up a vet and say, "Hey, these issues are going to be losers for you no matter what, but you've got a few things I can grant pretty quick. What say you drop these issues entirely and I'll just do these three or four grants on my rating and be done with it." But for the reasons I explained above, (no appeal rights will attach, I could be mistaken about the denial, and it sets a VERY bad precedent and looks VERY BAD), I don't.

Some vets think the raters are out to screw them already; why would they ever believe that it was only definite loser issues that we were dropping? "They're too lazy to work my claim in full, so they took the easy road!"

Hope that helps explain why we don't do this.

[halos2]

Giad to read James's post regarding "deal offerings." I know and realize there are people who put in many issues for claims...then there are lots of us who have diagnoses inservice and continued throughout all these years. Deal making is a bad choice to have to pick which one. I don't like it, it discounts the real issues brought forth. In my opinion someone just got 1) too lazy/frustrated/tired of reading a lengthy claim,2)looked for a fast way out by just granting now-versus truly examining the claims/evidence and all of the definitive nexus's. Beginning education in the medical field in the military and continuing throughout my life in the nursing field I am aware of the secondary conditions that can occur with the relationship with one's initial diagnosis. When one experiences a painful injury inservice, and suffers with it for 40 years until they no longer have the ability/capability/stamina to work, and have post service documentation, years of follow up at a VAMC, and then finally put in their claim for the injury, they should never be discounted! READ the info, or get someone who can read! Drag the claim on for years then BVA as vets sits and waits, putting in for secondary conditions/gets awardances on these issues, and finallyVARO decide they can avoid retro by offering a "DEAL" with blantent harsh warnings..".you accept this or else we will do such and such and you could lose your current ratings too, and don't forget don't ever put in anymore claims!" This is wrong to give ultimatiums! That's what I will always be pissed off about! So I'm Permanent and Total, however, but they never decided on my original claim that had sooo much definititive info in it you mind would blow...they wanted to avoid retro, plain and simple. If you feel one is 100% rate them, then work on the oldest claim that is like 7 yrs ago!! Deal makers unjustly demoralize a person, especially one with legitimate issues.

Edited July 31, 2010 by halos2

[john999]

Halos

You did the right thing. You got the P&T and that is important to your family. It will become more important as time goes forward. My VSO did float a deal past a DRO with a PN claim I had a few years ago. The deal was to drop the appeal and get awarded 10% for each limb for PN. I was already TDIU so what the heck. The VSO was the go-between.

I would not have gotten more if I had gone to the BVA, so it was a good deal. If both parties know the value of the claims then horse trading is ok in my book. It is when the vet is ignorant of the possible consequences of making a deal that is becomes bad like James says. I think this is done usually with a wink and a nod. I have never seen a claim rating where it says "the vet agreed to drop his appeals in order to get 100% P&T". I don't think there is much wrong with your POA helping to save time and pain by sorting out a claim.