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]

I worry about how hard it will be for my wife to get DIC should I pass before her. I worry that Champva will check with Regional office someday and see no record of eligibility. I worry I go to renew my DAV plates and get charged with fraud when there is no record of P&T. All the disc shows now is 2007 effect dates for PTSD, IU, shrapnel wounds. Nothing else.

[Berta]

If the wife's CHAMPVA card shows the right EED, CHAMPVA obviously had the correct rating info when they sent it to her.:

But I dont know how long they keep records at CHAMPVA.

Since they re-issue the cards every year ,they must go by something they have, to always put the same EED on the card..

http://www.benefits.gov/benefits/benefit-details/318

Their is a CHAMPVA phone number there.

I called them once or twice with questions and each time, a person who seemed to know what they were doing, helped me.

Also we did radio shows here in our Blog Radio archives with the head of CHAMPVA, Glenn Johnson, who always gave out his contact info on the shows.

CHAMPVA might be the way to prove that EED.

I commend you for your concern as to the wife......VA will screw around with survivors, as my decisions from past 20 years (and recently) show..

And I dont see how VA can mess around with your established disabilities.

I assume you have a copy of your C file.

That is where I found the stuff they said they never got over the years.

"I told them if I pass away my wife will have a hard time getting DIC even though I have copies of everything."

The VA is trying to tell me ( by phone, not in any decision) that my husband;s 100% P & T 1151 stroke, was T but not P when he died. VACO C & P honcho told me 2 weeks ago I was paid the entire 22 months of accrued under 1151 (100% plus SMC, with 2 dependents.I emailed the Inspector General as soon as I hung up. I didnt get that cash.

I sure have never seen anything like that reason given ,in any decision to any survivor , and all of my evidence they refuse to read (mainly from VA itself), says he was P & T from the stroke.....he had 7 areas of brain damage that VA admitted they caused caused (1151) and no miraculous 'cure' came from them, and they did grant him SMC S,

but this goes to show they will mess around with survivors as much as they can,because they hope we are stupid when it comes to VA 101.

Death makes all TDIU and 100% SCs Permanent.This should not even be an issue.

And the directr\or gave me a reason so ludicrous that they wont put it into the R & B of the decision.

The award , with no mention of my P & T evidence) I got recently (after their initial denial), states the veteran was 100% for the entire 22 months from stroke to his death.

He is as far as I know the only veteran in the USA with a 100% rating, that the VA has deemed not Permanently disabled by it at time of death.

The coroner, Medical examiner ,and Office of General counsel ,stated long ago it was a contributing factor to his death by VA, yet it was not Permanent. BS

If they can get away with this with me, they will try to pull this on any one of you vets,who have VA evidence of a P & T disability

if you die and the spouse is eligible for accrued benefits.

Correction, I mean they will pull this on the survivors.

When they awarded accrued to me 100% P & T % for SC PTSD in 1997 , permanency was never even an issue because the veteran was dead.

Just to remind all....A Section 1151 100% award and a direct SC independent and different disability 100% award equal a 200% award.

I posted those regs here some time ago.

I never found a single other case like that however, in 20 years.Even NVLSP never heard of one.

.

[Berta]

Glenn Johnson 303 331 7864

Glenn.Johnson@va.gov

[jbasser]

Where is your copy of your original award letter?

J

[11bravo]

I don't have a copy of my c-file, I do have copies of all my rating awards and a lot of other va correspondence. There no point in asking for a copy of my C-file now as the VA has destroyed all my paper records and deleted all files pertaining to effective dates and dates of being paid at 100% rate.All that is on the disc is 2007 as effective dates for my disabilities.

Edited June 18, 2015 by 11bravo