What Does This Mean?

[JHawks]

I called the 800# to get an update on my claim. When the conversation was over I hung up, shook my head and just laughed.

My claim has been at the raters since 1/20. No big deal. I understand the issues being faced and I'm not loooooosing my mind over the wait, just he conversation I just had.

The lady was real nice. She opened her screen and said my claim was for such and such and I said, yes. She went on to say they are also looking into my request for Chapter 35 benefits and P&T. I laughed and said "Mam, I didn't put in a claim for either of those and I don't have a clue what you are talking about". She just replied "Mr. H, all I can do is read what is on the screen pertaining to your claim. It says you put in for both of those items." They haven't even rated my claim yet so why are they saying they are looking into Chapter 35 and P&T?

What on earth is she talking about?

Edited February 25, 2011 by JHawks

[broncovet]

BrookH

You will probably get more answers to your questions if you start a "new thread", because it gets confusing if several people are asking and answering questions in the same thread. Just a suggestion.

[jbasser]

Broncovet, May I suggest you re-read Brook's post. It is not a question. It is a comment on this thread.

You need to open the bag of taters from the top. You open up the bottom, your taters will be rolling across the floor.

J

[broncovet]

Hawk

You dont have to directly apply for TDIU, claims can be "inferred" or "informal", especially with TDIU. Under certain circumstances, if you tell your doctor you are unemployed (due to Service connected conditions) its an inferred claim for TDIU. YOU dont need to file a seperate "Formal" claim fo TDIU. I could not find where you said where you were working or not.

"Working", for VA TDIU purposes means "substantial gainful employment"(SGE). If you work two weeks in the year cutting grass and make $400 in the year, that is not SGE, and wont disqualify you from TDIU. However, of course Pete is right, if you are working a "regular" permanent job, then you cant get TDIU. I think they define SGE as earning the pension amount which is about $10,000 per year as a single VEt. So, if you have earned well UNDER 10,000 in the past 12 months, you probably dont have SGE, that is you are not working. If you had a full time $7 per hour job, 40 hours per week you would earn about 14,000 per year and would not qualify for TDIU.

[LarryJ]

All the aforementioned dudes/dudettes are correct. They have opened a TDIU claim in your behalf, and, as bronco has correctly stated, if your income does not rise to the level of SGE (and I actually think that it has gone up to around $13K, but I'm not certain without looking it up) then I'm sure that you will be getting some very good news. The VA will not usually open a TDIU claim for you, unless your income is below the allowed amount, and they have all your IRS screens to look at, and they will not trouble themselves to put in a claim for you, only to have to stop work on it because of something that they already had the ability to discover on their own.

just sayin.............

[carlie]

Carlie;

I just looked on Ebenefits and things changed.

Ebenefits was showing my claim in the "Decision Phase" for the following contentions:

severe bilateral carpal tunnel syndrome secondary to bilateral ankle condition and bilateral knee condition

Now it changed. It still is in Decision Phase but the "contentions" have changed to:

• right hand carpal tunnel syndrome
• left hand carpal tunnel syndrome
• Ch. 35 entitlement to DEA

JHawks,

I think you're putting in way too much time,energy and analyzation into ebenefits

and the Monday Morning workload reports.

There is absolutely no way for a claimant to accurately track their claims/issues.

Even if you have a VSO right at the VARO and say for instance this VSO tells you

on Wednesday - hey your claim is with the rater and then you start getting all excited,

YEA - my claims almost finished - it's with the rater - NO - Don't even start thinking

it's almost done. The rater at any time can decide - OH - we still need to do XYZ

and in the blink of an eye - your claim is back in development.

Most of what happens during adjudication happens on VBA time - not our time

and there's not many ways around that at all.

JMHO

[JHawks]

JHawks,

I think you're putting in way too much time,energy and analyzation into ebenefits

and the Monday Morning workload reports.

There is absolutely no way for a claimant to accurately track their claims/issues.

Even if you have a VSO right at the VARO and say for instance this VSO tells you

on Wednesday - hey your claim is with the rater and then you start getting all excited,

YEA - my claims almost finished - it's with the rater - NO - Don't even start thinking

it's almost done. The rater at any time can decide - OH - we still need to do XYZ

and in the blink of an eye - your claim is back in development.

Most of what happens during adjudication happens on VBA time - not our time

and there's not many ways around that at all.

JMHO

I know you are absolutely correct, Carlie. I have always been a detail person. I look at everything, pick it apart and then decide my next move. Just one of my human faults. I go absolutely nuts when I run into excuses and not solutions. I'm too old to change i guess.