tdiu Chapter 35 Letter

[dav_marine72]

Hi Everyone,

I have been TDIU since 2009 and was awarded chapter 35 benefits in a draft letter (which the VARO mistakenly gave me a copy) then they took it away in a decision dated a day later by the ratings board. I appealed this and it's due for a decision from the BVA any day. The VARO in my TDIU decision stated they would review my P&T status in September 2011 as they thought after my 2nd failed back surgery I might get better LOL. So after I received my social security award in September 2010 I wrote the VARO a letter asking that they do the review now and not wait until September 2011 mostly because of the insurance for my dependents. So as I am awaiting two different decisions from the BVA any day (ebenefits says a decision was made and is waiting to be dispatched) I receive a fat letter from the VARO today. Hoping it was a decision I eagerly opened it. Well the fat part was a little book about Chapter 35 benefits. The letter included said "I was receiving this letter because I was a parent or guardian of a child who may be eligible for education assistance under laws administered by the Department of Veterans Affairs. The pamphlet describes the benefit."

Notice the "may be" in the verbiage. My lawyer thinks they may have mailed these out to anyone who is TDIU. Anyone else receive a letter like this lately? Obviously I need to see a decision before I believe I have P&T but this seems like it could be the VAROs round about way of staying I am P&T. Anyone have any comments?

[Rich T]

The 'may be' would mean that the dependent can apply for the certificate of eligibity.

[john999]

It sounds to me like you may be getting P&T and they have already made a decision. I was TDIU for a year and never got such a little book until I actually got P&T on appeal.

[dav_marine72]

Thanks guys. Yes John I tend yo agree with you. I guess if you think about it even though I appealed I have been TDIU for 2 years now. Maybe that the magic number LOL.