tdiu Records Destroyed.

[11bravo]

A year ago I had discovered incorrect dates on my ratings. I went to my dav so with copies of my ratings. He looked on computer it showed my paper records destroyed and incorrect dates down for my ratings of tdiu. 2007 instead of 1995. He advised me to wait until this yr when I had 20 yrs on my rating of tdiu to get it corrected. When I went in jan to see him he told me my records were being scanned onto disc and not to rock the boat as I might get my tdiu taken away. I said wait, I thought my paper records were destroyed over a year ago what is being scanned? Anyway he told me my 70% rating was correct witch was 1993 effective date. But my IU rating was 2007 instead of 1995 which it should be. He also said it showed me being paid at the 100% rate from 1998 instead of 1995. Wanted to know if I had bank statements back to 95 showing deposits which of course I don't. He also said the 2007 date showed something like General Individual Unemployability. I called a dav nso at st Louis, he advised to wait until scanning was done in about a month so all info was there for him to look at.

I have copies of all my ratings, a old champva card of my wifes showing effective date of 1996 and my commissary px card. I thought I would be able to relax after 20 yrs with no worries on being reduced, now my anxiety has worsened over this.

I need adivice on what to do.

Thanks

[Berta]

I missed a question you asked me in February.

I just wrote to my VARO , to whom it may concern...and I think I put Attention Finance on the letter .....but that was years ago...

Actually this happened to me many times.

Once I asked for correction of an Audit statement that was very difficult to interpret.

The Regional Counsel had requested the audit.

But it showed they still owed me an entire year of DIC.

This was after the RC found a CUE in the deductions they were taking for my FTCA offset.

If you tell me what VARO I might have the director's email addy you can direct this to, and don't hesitate to use IRIS and file the IRIS as a complaint.

"I have all my orginal award letters and most correspondence from the VA. I having trouble getting the dav to do anything about it. They told me I might lose my IU if I pursue it.

Not true.... they are just too lazy to try to help.

"I called the NSO at st Louis he said to wait until the finished scanning the records onto disc about a month so he could see all the info in the file."

That is a good idea but you probably still have all of their rating sheets that show the start date for awards back to 1995.

That SHOULD be enough and the wife's CHAMPVA card , but you need to pursue this for your own piece of mind.

"This is not an appeal, this is a case where I found out about a yr ago that my paper records had been destroyed and I'm assuming my records had been reconstructed by the VA with wrong dates."

Who told you your records had been destroyed?

Do you get SSDI?

They always access all available VA records.

VA often gives the same EED as SSA does for SSDI,because SSDI is ,in essense, an independent medical review.

If you get SSDI, does that award correlate with the 1995 date?

I got the wrong payment on one of the very first issues I had with the VA......I had the name of the rater on the VA letter and I found his VA phone number in the VBM ( this was many years ago.)

I was so pissed I called the number at 7:30 AM and he answered the phone, startled to find out I was a claimant.,with his desk phone number.

He immediately corrected the error and I got what they owed me.

We must think out of the box and do anything we can to be proactive..

You could certainly contact Allison Hickey as well.....but maybe best to wait for the CD they are preparing...

If your records were destroyed, what are they putting on the CD?

Maybe your records were just misplaced or in another vet's C file......

What VARO is this?

If SSA was run like the VA, many of us would be in the crapper by now.

Edited March 25, 2015 by Berta

[Buck52]

I just don't see how they can denied the 1995 original award date?\this veteran better safe guard it!

Like Ms Berta mention that and along with your ChampVA wife Id Card should be enough to prove.

If at all possible I would go to my RO in person and get this corrected...probably some clerk was looking in your c-file and just grab the first sheet he/she could found and walla original award date got bump up to 2007.

if you have the original award date and can prove it....plus be good to get them to let you look over your c-file while your there.

jmo

.......................Buck!

[11bravo]

It is the St Louis Mo RO. I had gotten a booklet from the VA in 2012 showing all disabilities with all the wrong dates and no P&T rating, I called the number in the booklet and was told that was the info they received from my RO. I took copies of my Ratings to my DAV SO he looked on computer and said it shows records destroyed and wrong dates on ratings. He advised me to wait until Jan of this yr when I had 20yrs on my IU rating to correct this so I wouldn't be called in for a C&P. Now he doesn't want to do anything about changing it saying it might cause me to be called for C&P and reduced. It worries me and I told them if I pass away my wife will have a hard time getting DIC even though I have copies of everything.

[11bravo]

Talked to NSO again yesterday, he said they haven't finished scanning records. He said because it shows my IU and Ptsd ratings effective dates 2007 that the VA might claim agap in my ratings as if they took it away and started it again in 2007. Again he said a risk of being called in for C&P. He did say he would pursue it if I insisted. I said I would wait a month until the VA has finished scanning records and see then what they have down.

[Buck52]

In the mean time call the 1-800 number ask them to send you a letter about your disability's rating and what the VA Rated you back in 1995.

If you have the original Award letter from 1995 it should be in the computer...if the letter the 1-800 number sends you has the 2007 date....either the VA destroyed them or lost them? its not your fault you have the original Award letter from 1995... take to your RO and prove you have it.

jmo

...................Buck!

[11bravo]

I had decided to contact the St Louis RO and try to get my records corrected. Then a friend of mine had this happen. Has had 4 back surgurys from injury in Vietnam last one 3 months ago thru the VA has rods and screws in back rated 40%, 20% type ll Diabetes 10% hearing 50% PTSD as of 4 months ago.Filed for IU 3 months ago. Now The VA wants him to go to a VA surgeon and have an xray to prove he has rods and screws in his back, even though they paid for the surgery fee based and have xrays already. And they want him to see a VA shrink and tell him why he is unemployable. I'm afraid to do anything about my records, no telling what they might pull on me at St Louis RO.