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TDIU and 70% PTSD granted

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emptyshell

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Goodmorning,

Last month I received my decision from the BVA.They granted me TDIU and 70% PTSD back to 1994.

My question is will they go back and pay on each separate decision or Does the TDIU decision override the 70% PTSD decision.

I was granted TDIU permanent and total in 2010.  I filed a claim shortly after that 2010 BVA decision to have them go back to 1994 and BVA just finally granted it.

My second question is since they are going back to 1994 on a granted TDIU claim, will I be grandfathered in for future c and p exams. Also, does this decision assist with survivor benefits when I pass away?

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You think?

I trust you have your Direct Deposit Account set up to Txt/E-Mail you regarding ALL Financial Transactions. If not, Get ER Dun!

IU Retro back to "94" should definatly take a bit of the Edge off your PTSD. No indication regarding the VA wanting to put a Fiduciary in place? That would not be good.

Semper Fi

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Gastone is right, to make sure they have your correct direct deposit info.

Sometimes they even mess that up.

The VA had to refund my FTCA offset when I proved direct SC death. It was a high 5 figure amount and VA sent me a letter to take to my bank (the same one that accepts my DIC check,) to tell them they (VA)would make a wire transfer of that amount ,within a few days to them.

I went to my bank a few times for the next 3 weeks...no wire transfer,no deposit.

This was during NY winter and one day we had a hell of a snow storm and I had to wait to get my driveway to be plowed out before I could even attempt to walk to my mailbox, (rural delivery) which was barely visible  at the road side due to the snow.So I just said the heck with that, I didn't expect anything important in the mail anyhow.

The next day I got down my driveway and the wind had blown the mailbox open and there was a VA check- the offset amount they were supposed to transfer to my bank. It was covered with wet snow and I had to dry it off before I deposited it.

Emptyshell do you have anyone on your POA who might know what is going on?

 

 

"When I look in the disabilities section of my ebenefits, they have a PENDING disabilities section below the list of my  current disabilities"

Is it possible they have deferred something...like SMC consideration??? or to work on another claimed disability rating?

 

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I do have an attorney, but never get to speak with him. I go through the attorneys assistant and they are not too helpful with my questions.I have some real questions and the assistant has no real answers.

I sent the assistant that letter I received from Janesville, WI. But have not heard back from the assist as of yet. I will call today and ask if I can speak directly to my attorney.

I do have direct deposit and have had it for years now.

In my recent BVA decision,  I guess my attorneys tried for an SMC consideration but not clear but I will ask my attorney if I can speak with him today. I do not have any other open claims with the VA. now. Just closed the BVA appeal 9/19 and that's it.

I am so stressed because VA has pulled the rug out from under me for so long and so many times, I am extremely paranoid about anything the VA does regarding my case!. My blood pressure shoots up and I just feel sick anytime I have to deal with VA!

 I should feel good about this decision, but feel so bitter that I have had to fight them for over 30 years. It changes you when you have been fighting so long and now they (VA)

finally recognize my claim as being legitimate and they are now making it right?

So tired of this and just want to breath, hope soon I have a final resolve on my VA claim.

I understand anyone who has to go through this crazy, mad VA  system to get what is deserved to you as a veteran. I think of you all when I read your input on the forums on this website.

 

 

 

   

 

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Based on what you posted, you will get TDIU (100%) back to Jan, 1994.  You do realize however, anything they paid you from 1994 to present will be deducted from your retro.  

YOu will also get retro at the 1994 rate in 1994, the 1995 rate in 1995 etc.  You wont get the 2016 rate back to 1994, you will get much less.  

It will take hours or days to calculate your retro.  You really need to do it for EACH month.  For example, lets say you were collecting 70percent for the month of Jan. 2014.  For that MONTH, your retro would be the difference between the 70% rate they paid you 1334 if you are a single vet  and the 100% new rate,  2906.    So, in this example your retro for the month of jan 2014 woulld be 2906 minus 1444 or $1462.  You have to repeat this EACH month, where each month you subtract what you got paid, and what you should get adding/subtrating dependendents as applicable, plus Cola raises when applicable.  

From Jan, 1994 to Oct, 2016 is 22 years 8 months, or I get 272 months.  I dont know what you got paid all those years, of course, but your retro will probably exceed 200,000, and it could be 500,000 or more.  If everything was the same (it isnt) then the 1462 per month, times 272 months is almost 400,000 dollars.  

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Your "Shell" won't be empty for long, with the size of your Retro, don't concern yourself trying to figure out the exact Staged Rating $$. It will take a little longer to get because of the VA Honcho signatures necessary for the Amount involved.

You mentioned you have a VA Appeals Attorney, his contract 20?% of your Retro will be deducted and paid directly to his Firm.

Again, it's really important that your Direct Deposit Bank Account is set up to Txt/E-Mail you with real-time financial Transaction notifications.

It would be nice to go to bed knowing that your Reto Deposit hit at 5:30pm, or wake up to a 7:30 Txt Msg that the Eagle took a Humungus Dump in your account at 1;30am. Has always brought significant joy into my life.

Be careful, word gets out about your recent good fortune, all your forgotten BEST Friends and long lost relatives are sure to follow. They just want to congratulate you, ya right.

Semper Fi

 

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