Va Shows Me Rated At 10%-but Forgot To Tell Me!

[bm6546]

I have a claim in to the VA for my heart. I am currently in "Ratings" since Jan 1, 07, to see if I am SC for my heart. I just returned from an appointment with my VSO. He called the VARO and they told him that I was already SC at 10% for my heart condition. Nobody at VA has ever told me that I am SC for my heart and I have not received my 10% or any money from the VA or anybody else for over 40 years.

I received a medical discharge for my heart from the Navy in 1966. At that time I received approximately $37.00 or $45.00 a month (can't remember exact amount- 40 years ago) This was compensation from the Navy or VA for disability. I received this amount for approximately 3 months and then the payments stopped without any notice.

Does anyone know how I can find out how long I have been SC at 10% and what can I do about it? I have not been receiving any money from anybody.

Also I am trying to find out how I can get copies of the paper work that shows I was recieving this monthly payment for 3 months back in 1966. I requested info from NPR but they don't have any info on this.

Any help from anyone would be appreciated. Thanks in advance.

Brian

[wallyg]

Meanwhile, you should at least make sure that you NOW receive your 10%, and that VARO has your correct address.

[carlie]

Perhaps you could request Finance to do an audit, that might answer some questions.

I'm not sure but you might want to wait until after you get a decision on your claim as

the request to Finance might hold things up. Maybe someone else will add more to this idea.

carlie

[Vike17]

bm6546,

When you said;

"When I got out of the Navy in 1966 I moved around a few times like everyone does. I am sure I did not let the VA know my new address"

you answered you're own question. If you were receiving a disability compensation check from VA and you moved without telling them, and the checks started to be retured to VA from the Post Office, then VA had to stop the paynments. This doesn't mean that you aren't service-connected anymore, it just means the VA was unable to forward any payments to you for your disability.

§3.158 Abandoned claims.

(a) General. Except as provided in §3.652 of this part, where evidence requested in connection with an original claim, a claim for increase or to reopen or for the purpose of determining continued entitlement is not furnished within 1 year after the date of request, the claim will be considered abandoned. After the expiration of 1 year, further action will not be taken unless a new claim is received. Should the right to benefits be finally established, pension, compensation, dependency and indemnity compensation, or monetary allowance under the provisions of 38 U.S.C. chapter 18 based on such evidence shall commence not earlier than the date of filing the new claim. (Authority: 38 U.S.C. 501(a))

(B) Department of Veterans Affairs examinations. Where the veteran fails without adequate reason to respond to an order to report for Department of Veterans Affairs examination within 1 year from the date of request and payments have been discontinued, the claim for such benefits will be considered abandoned.

© Disappearance. Where payments of pension, compensation, dependency and indemnity compensation, or monetary allowance under the provisions of 38 U.S.C. chapter 18 have not been made or have been discontinued because a payee’s present whereabouts is unknown, payments will be resumed effective the day following the date of last payment if entitlement is otherwise established, upon receipt of a valid current address.

[27 FR 11887, Dec. 1, 1962, as amended at 28 FR 13362, Dec. 10, 1963; 52 FR 43063, Nov. 9, 1987; 62 FR 51278, Sept. 30, 1997; 67 FR 49586, July 31, 2002]

Vike 17

[Berta]

Brian- I just saw on another post that you got your SSDI check-

Is your SSDI for the same disability you are claiming with the VA?

If so have you sent them a TDIU form yet?

[bm6546]

Brian- I just saw on another post that you got your SSDI check-

Is your SSDI for the same disability you are claiming with the VA?

If so have you sent them a TDIU form yet?

Berta - My SSDI is for depression and axiety attacks caused from my heart attack on Jan 25, 06. With the VA I am claiming heart problems that I was discharged with in 1966. I will also be claiming as a second claim my depression with anxiety brought on by my heart attack and related heart problems.

My VSO said when I get an answer from "Ratings" we will also claim "IU". Is that the same as "TDIU"?

Thanks, Brian

[bm6546]

Brian- I just saw on another post that you got your SSDI check-

Is your SSDI for the same disability you are claiming with the VA?

If so have you sent them a TDIU form yet?

Berta - My SSDI is for depression and axiety attacks caused from my heart attack on Jan 25, 06. With the VA I am claiming heart problems that I was discharged with in 1966. I will also be claiming as a second claim my depression with anxiety brought on by my heart attack and related heart problems.

My VSO said when I get an answer from "Ratings" we will also claim "IU". Is that the same as "TDIU"?

Thanks, Brian