tdiu Kkp Update

[kkp]

Well Berta and the rest of the gang

Berta if I was ever on a debate team, I sure would want you on my team. I expect when one of your letters comes into the New York ro they all run for cover. If allowed I imagine your late Husband has formed a cheering section in Heaven. Some day we'll know , won't we ?

Well I took my material to my rep taday, I used your courage as I'm a little bashful. It included My hand written letter( work at home taken out Josephine) Berta I did as you suggested and got copies of my meds off the internet, all four of them and then highlighted all the side effects that pertained to me. It look like a yellow Zebra when I finished.I took a very heart felt letter from my Wife, a filled out copy of the21-8940 form for (unemployability) A copy of authroity: 38 U.S.C. 501 that plainly states you can qaulify for Unemployability wihtout certain percentages.

Well. to say the least he didn't sound to pleased. I heard him say under his breath they will just kick it back. I asked him what he said and he said he was just thinking out loud. I told Him I heard what he was thinking, and ask Him to read to me what article 38 u.s.c. 501 said. He turned kind of red, and then I told him I knew what he had been taught, but this is their regulations not mine. I also told Him even if they kick it back I have at least confirmed a starting date.

Believe it or not He seemed happy when I left as if I had taught him something.

I expect most Vets would agree that none of us wanted COMBAT, but faced with it The courage was there, and we did what had to be done. We knew the rules of combat, we had been trained to survive. Well this is kind of like combat to me but without a rifle.

I feel like I have just finished basic training and now I.m ready for a.i.t. I wont speak for anyone but myself now. You Gals are braver than I am when it comes to this typy of war. and I want to add my appreciation to you guys for your support thank as always.

[Berta]

I am VERY proud of you!!!!!!

This is why I go to a military school- as a civilian-

it often takes command presense to deal with VA and more importantly-one has to dope it all out like a war game and reply on their own military training. I have 4 war plans as to the modus operandi of evidence that my claims involve-

I say- Reconnoiter and gain all of the enemy's intelligence (38 CFR , OG P{es ops, M21-1 whatever they got)

and use it to support your offensive position.

Surround them with evidence and keep them on the defense.It is a battleground even though this is war of the words.

Read and re-read every single statement they make because they can put their own foot in their mouths.

You all know what I mean by surfaces and gaps- they got plenty of gaps---maneuver warfare succeeds when one identifies and breeches the gaps---

You know- the same thing happened to me when I first met my former vet rep- he actually seeemed angry to see that I had won my past claims.

Then he looked at a CUE or something in the file and asked me what that was all about- by the time I left he said he had learned a lot from me about CUE claims because he was reluctant to help any vet file one.

You sure taught me something today!

I didnt know there was a reg for TDIU without certain percentages!

Whoopee-

I just felt that one could argue this point as the 21-8940 form does not prohibit applying in any way at all.

A real reg says it- that is great (I often wondered if I just made up this idea-but the form is evidence itself that the VA does not require any % at all)

THANK YOU ! now next time some vet rep says the TDIU % crap-now I have something I can whip out !

[kkp]

Berta it's hard to believe I could teach you anything, but if I did I'm glad. As we are all always looking for new amunition. You are well known on the forum, perhaps you could post ( authority: 38 u.s.c. 501). Your posts are widely read.

I also feel kind of bad as I feel I opened the door to alot of the Dr. Bash bashing thats been going on the last couple of days. I have talked to him once and I trust him. I sent him everything he requested yesterday. Last evening we e mailed him as he requested to let him know I decided to use his services. I am a little hard of hearing some tones, his is one of them so we gave him my wifes work number also last night. He called her this morning and taked about my case. She thinks very highly of him also. I also went by the va hospital and got a copy of all my medical records back to 1997. Everthing is arcived past that point. As you know ptad works on your memory. I was absolutly amazed as I went through them last night. I had completely for gotten about being theated By boared certified shrink that far back. My diagnosis from 1997 till 2000 was mdd with a gaf around 80. I know the ro got those records but there is no mention in any of there reports. ( My gaf has stayed 45 for over a year and never more than 50 since 02. That includes 4 shrink than 5 and social workers.

They also theated me for my knees on numerus occations. They wanted to do surgery on my right knee in 2000. But what really burns me up, of all the records describing the damage to both knees with DJD , they pulled one sheet and sent it to my C&P. tHAT WAS LAST FALL WHEN i FELL ON BOTH KNEES AND WENT TO THE VA ER. THE TEC. WAS LOOKING FOR A BREAK AND THATS ALL HE COMMENTED ON. That was 1 of thirteen visits. I,m going to do as Dr Bash suggested and waive this out of the ro directly to the BOA in DC And if my ro hasn't rerated my ptsd claim by the time he gets my knee docked Im waiving it also. Dr Bash seems to think we can have this over with in two or three months.

IT'S PLAIN TO SEE IT COULD TAKE YEARS DEALING WITH THE DING DONGS AT THIS RO

Its nice to vent if even no one ever reads it .kkp Thanks to all

[10thFO]

KKP, "this is kind of like combat to me but without a rifle."

I feel the same way most of the time. It definitely causes the mental anguish like combat can. Only problem now, is I'm not in shape to help fight off the stress by doing a lot of excercise.

I joined the Local Chamer of Commerce two months ago, and a lot of people are starting to ask me now, "What is this Veterans Advocate thing, is it for just new vets or older ones too?" I gladly tell them that I'm a lawyer in learning after reading and re-reading the regs in fighting my claim, and now that I am partially satisfied, I will take what time I can concentrate, not making timely promises (telling them to file through the VSO first for EED), and help my fellow veterans and families out that need some help.

I'm sponsoring a hole for a local charity golf tournament next week, so I'm going to print up a bunch of articles and make a sign for my hole. I've already got 500 business cards printed out from Hadit. Yeah baby, it's time to get the Veterans center focused and pull together. Maybe one day we can all come together and make up a voting block like the guys from WWII did.

[Berta]

Gee KKP - I can't find 38 USC 501 specific to the TDIU form.

I will keep looking though.

[kkp]

Berta, I apologize for not telling you where it is to start with.

Please look in the Electronic Code of Federal Regulations (e-CFR). Scroll down to Article 4.16-Total disability rtings for compensation based on unemployability of the individual. There is an (a) and (:D. You are looking for Authority 38 U.S.C. 501 under paragraph b. The website is http://ecfr.gpoaccess.gov.

I am sure you will have no trouble finding it now. You seem to be quite popular on the forum so if you would post this, perhaps a lot of Veterans who don't know about it could be enlightened.

10thFO, I like your statement of being a lawyer in training. I guess I will consider myself in pre-law and try to work up to your level.

Thanks, as always. KKP