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

[11bravo]

Although I know ebenefits isn't always correct. They show all my disabilities effective dates 2007.Should be PTSD 1993 IU 1995 P&T 1996 Shrapnel wounds 1990. Ebennys also shows authorization review completed april 2015.

[broncovet]

Your VSO is assisting VA with "delay until you die". This stuff about rocking the boat is horse pucky. The VA either can or can not reduce you, independent of whether or not you file for an EED or appeal. If they had the goods on you, they would have already reduced you. If they dont, then they probably wont be able to.

[ranger11bv]

You might want to give these guys a try:

http://www.dfas.mil/debtandclaims

[Buck52]

Thanks ranger11bv

This site has some good information!

.............Buck

[11bravo]

Update: VA finally scanned records onto disc. They entered effective dates on ratings all 2007. besides what records they had destroyed earlier, there were a computer files on their website my SO had showed me that had my rating of 70% PTSD effective date of 93 which was correct and my being paid at 100% rate since 97 which should have been 95. The VA deleted these files, so now the only records that are shown are the scanned effective dates of 2007 on Ptsd and IU. With no P&T shown. The DAV NSO I talked to said he had never seen anything like this and he is at a loss to advise me what to do. He said after this he doesn't know what the VA would try to pull if we tried to correct dates. Again I have copies of all my ratings and my wife has champva card. Any advice will be appreciated.

[broncovet]

According to your earlier post, its not about you getting an earlier effective date, its all about you getting "20 years" so the VA can not reduce you.

As an attorney recently explained to me, "the law can not fix every problem".

This is one I would drop. You are not seeking an EED, so there is no money in it for you, just peace of mind that you made your 20 and cant be reduced except with fraud. The magical "20 years" isnt always magical. You have great protections at 5 years, P and T, and 10 years, (for service connection) should you need "peace of mind" for that nagging fear of reductions.

Read all about reductions. I wont repost those regs here. In order to reduce you now, the VA would have to show you "actually improved" under "ordinary conditions of life" (that is, working). If you are not working, then go to bed tonight with the confidence of knowing VA would have to violate the regs to reduce you.

I understand people need security, and peace of mind. You wont get that with 20 years, because you will find something else to worry about. I had a relative, who at 93, told me "she was worried about running out of money before she died". She had more than 10 years worth of income saved up, but that was not enough to suit her. She died a couple years later.

Remember: F.E.A.R = False Expectations Appearing Real

True peace can only come through a faith in God. As someone said, everyone has a God sized hole in their heart, that nothing else can fill. Some try drugs, alcohol, sex, or even figure out new ones. They never work.