Rated 100% Want To Appeal For P&t

[vet201060]

I did my claim on ebenefits and can not figure out how to file for an appeal. I recently got paperwork from work and VA Dr that states it is a life long condition. I have had trouble at work and might be seeking disability retirement. I looked at my claim and searched for an appeal this decision status. It shows there isn't one because I havent been able to appeal it yet. Thanks guys for your help

[Mikemmlj]

Probably should stop working first.

[Gastone]

VET: What was the date of your IU award letter? Is there anything in the award letter referencing "ANYTHING" to do with a T & P rating? Think about this, you applied for IU and IU only. The T & P rating is something that the rater looks at after he decides if your are currently IU. If you have any SC condition that was a basis for your IU, the rater will determine if it is a condition that "Could" improve at some future date. Was there any discussion in your IU award that you were "not scheduled for future exams?" If it doesn't specifically state "no future exam scheduled," then you are subject to Diary Date C&P's at the VA's discretion, in order to continue your IU award.

If you weren't awarded IU on a NOD, you have 364 days from date of the Award/Denial letter to file your NOD/Appeal. During this 12 months, any and all New & Material Evidence that you or anyone else submits on your behalf directly related to this IU claim, will trigger an automatic VARO review of the IU Award. This rewiew is conducted by a SR Rater or actual DRO. When completed, they issue a supplemental Statement of Case. They have the authority to grant or continue the original decision. If in fact your N&M Evidence is so clear and doesn't need any further corroborating evidence, they could issue a finding of T & P without you having to get on the Appeal Train. That Train could take another 21/2 years.

Just keep your NOD Deadline in mind. Don't chance missing any filing deadlines. As for actually filing the NOD. You could complete a Statement in Support Of Claim, I think it's available on E-Ben New Claim Site. I believe that the VA has actually made available an actual "NOD Form." The VA will accept either form or even something hand written as long as it says your Disagreeing withe Decision xxxx dated xxxx and has your claim info. US Mail CERT Return Rect., RIGHT.

Semper Fi

Gastone

[FormerMember]

Looks like he's 100%, not TDIU from the title and his query.

If you have received the 100% rating for your disease and wish to make it complete with a P&T, then you probably also know that when they gave you the 100% letter, it said something to the effect that you will be receiving a new C&P exam exactly two years from now to see if your condition has a) gotten better: b) stayed the same or c) gotten worse. If b or c, then they will grant the P&T. If you have school age kids, you can go to your doctor and get a letter saying Vet201060 is never going to get better and there's a high probability he may get a lot worse due to his service connected disease/injuries. File the letter w/ VA and ask for P&T now. It is an entitlement and not so much a rating % .

Edited December 8, 2014 by asknod

[Philip Rogers]

I recommend that you purchase the Veterans Benefits Manual (VBM), every yr, starting now. At 100% rating, or about $30k a yr, you can well afford it! You'll have a lifelong relationship w/the VA, so it's a worthwhile investment. You can find the answers there. jmo

pr

[vet201060]

I applied for IU and was denied because I kept my job. They upgraded me from 80% to 100% and states will be looked at again Dec 2015. Awarded in Aug I think. Back dated to Oct 2013 even tho I filed in Feb 2014.

[john999]

When you don't get P&T that means you are denied Chapter 35 benefits. I got TDIU and was specifically denied Chapter 35. I appealed it. It took a year for the appeal. I got an IME saying my condition was permanent, and the VA also looked back over the last year since I got TDIU and agreed I was entitled to Chapter 35. My P&T was retroactive to the day I got TDIU. Even that date was moved back about six months from the time I first filed for IU because I had been on SSDI. If I had not appealed the effective date I would not have gotten paid back for some dental work I had done while waiting for my TDIU. The VA moves so slowly I say appeal any denial of anything right away. If you got 100% the VA should have considered "housebound". If the VA did not mention housebound then I believe they did not consider it, so I would appeal that as well. I had P&T plus 80% and the VA never granted me "S" until I filed a claim/inquiry as to why? They called a CUE on themselves and granted it. What I am saying is that if you don't ask for something with the VA you often don't get it even if you are not supposed to HAVE to ask. I paid a very steep price for not appealing my first low ball rating in 1973. Since then I have appealed most of my VA decisions if it was worth it. I am in federal court right now trying to get that first low ball rating reconsidered since the rating was dripping with errors and omissions. The CUE hurdle is might high as AskNod can tell you.

John