tdiu A Little Confused

[HvyGns38]

I know you file for TDIU, but do you file any paperwork for P&T or is that just determined by the VA?

Thank you!!

[brokensoldier244th]

The flip side of that, though, John, is that if veterans (via their service officers, or seminars, or SOMETHING) would put together better claims that were fleshed and substantiated the VA wouldn't have to spend millions of man hours trying to track down information or developing claims, either. Its an evidentiary thing-we, the Veterans are entitled, yes, but we still have to show how and why, and back it up. You don't just throw stuff against a wall to make it stick.

CAS

When you file for IU you want your medical evidence to say you are permanently and totally disabled. This is what the VA wants to hear for P&T. If you get IU, but are denied Chapter 35 (P&T) you can file an appeal and ask for it. This is what I did. You need evidence to show you are P&T unless you want to wait for the VA to make that determination. You can grow old and die waiting for the VA to do what they are supposed to do.

[john999]

That's right! You have to have the evidence to win the claim. Well put together claims do get denied sometimes. You just have a much better chance of winning if you got your ducks in a row. If you do get denied your good claim has a much better chance of winning on appeal. Where the VSO's fail I think is not showing the vet how to get maximum benefits. They often just take the facts you give them and run with it. There is nobody there to tell you that you need this or that type of evidence. They don't tell you to get an IMO. Before the internet how would the average vet know where to start? They would go to the DAV and trust that these guys know what they are doing.....not! I had a claim that was put on ice because the VA said they did not have a copy of my DD214. It was right there in the file and they were too lazy to look. I had to get a copy and take in by hand to them to get my claim going. This kind of crap is just too much.

[brokensoldier244th]

True and True. I wish my VSO would tell me "Dude, you are throwing s*it against a wall, here is what you need..." but I have to come here and VBN to find out things.

:-)

That's right! You have to have the evidence to win the claim. Well put together claims do get denied sometimes. You just have a much better chance of winning if you got your ducks in a row. If you do get denied your good claim has a much better chance of winning on appeal. Where the VSO's fail I think is not showing the vet how to get maximum benefits. They often just take the facts you give them and run with it. There is nobody there to tell you that you need this or that type of evidence. They don't tell you to get an IMO. Before the internet how would the average vet know where to start? They would go to the DAV and trust that these guys know what they are doing.....not! I had a claim that was put on ice because the VA said they did not have a copy of my DD214. It was right there in the file and they were too lazy to look. I had to get a copy and take in by hand to them to get my claim going. This kind of crap is just too much.

[navydoc2]

I received IU in August of 09, I then requested P&T shortly after that; on advice from this site and was approved. I agree the VA nor the DAV said anything to me about IU I just spiraled downward physically and mentally the last three years. I would not have even know what IU was let alone request it had I not come here. The DAV didn't tell me they just put in the increase on my request; without saying "hey you may be eligible for IU if you get increased to 70%."

/doc