Jump to content
  • 0

Best Course Of Action?


Razor0331

Question

Hi everyone, sorry if this is a repeated post. I'm a pretty avid forum user and I know some questions can be extremely obnoxious, but I am honestly at my wits end as far as trying to get straight answers involving my case.

My situation in chronological order:

-Medically discharged April 29, 2014.

-Combat related injuries were rated at 20% DOD and 90% VA.

-Went through the IDES process, etc.

-Upon discharge, got in touch with a VSO in home town who came off as very knowledgeable, but turned out to not really know what he was talking about. He suggested that I apply for Individual Unemployability and go to school. So we applied for Individual Unemployability, and as far as I know, it successfully went through, and can be seen on my eBenefits dashboard.

-It has been about 3 months and I have not seen any sort of compensation payment besides my severance payment from the DOD, which, surprisingly showed up promptly.

-Every time I speak with any VA rep, they seem to want to pass my case off to the next person. It seems like something about my case is confusing them. Typical questions range from: Have you received your final rating letter?(No, I have only seen my provisional rating letter). Where are your files kept?(No idea). Have you applied for health benefits through your local office?(Yes, but I have not heard back from them either, and I need to see doctors for my injuries sooner than later.)

Can anyone point me in the right direction? I'm at a loss. I have PTSD characterized by a very short temper, among other things, and I'm getting nowhere with these people.

Link to comment
Share on other sites

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

2 answers to this question

Recommended Posts

  • 0

hey Devil,

I can speak from 1st hand experience, your nice serverance check you got, actually hurts you. I was incorrectly paid VA separation pay even though I was medically retired. You will have to pay it back via VA compensation payments. So, plain english, if I confused you, the VA will offset your VA compensation until the DOD serverance is paid back. I think it is dumb myself and was screwed for a few years after getting out. Once you have satisfied their repayment, you should then start to receive your VA compensation, if at 100% RATE for TDIU. I unfortunately was at a much lower rating for a few years (Lowballed) until I paid it off. So if you are at 100% then you will only be out a few months. When was your case decided on (Decision letter date)? WIth in it, it will say how much you have to pay and what not.

hope I helped.

S/F

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

  • Ads

  • Our picks

    • A few days ago, my attorney sent me this email on a PTSD claim I filed back in 2016 and have appealed to the BVA.  After getting this email, I checked eBenifits & VA.gov and they still read, "waiting to be sent to a law judge".

      "I am reaching out to give an update on your case. We are currently pending a Rating Decision in response to the Board Appeal filed 05/18/21. If you have received any recent VA correspondence, please be sure to inform our office"

      Thank You

       
      • 36 replies
    • Burn Pit Claim Assistance
      The NVLSP launched its Burn Claim Assistance program:  Details at the NVLSP website:

      https://www.nvlsp.org/what-we-do/burn-pits-claims-assistance-program/
      • 0 replies
    • I have a C&P exam scheduled for next week for sleep apnea. I completed an at home sleep study sent by VES. However, I just visited ebenefits and noticed that my claim has been closed before my scheduled exam. Anyone ever experience this?
      • 11 replies
    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 20 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 59 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    710%
    $10,656.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines