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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

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Bigkevo44

TDIU and Chaptrer 35 Education Benefits Question

Question

This past Friday I received a decision from Department of Veterans Affairs Regional Office regarding a NOD that I had filed nearly two years ago. In October of 2016, I was awarded benefits at 70% retroactively from 2010. About 4 months prior to actually being approved, I requested that I be awarded TDIU as well. After all the dust settled, I was awarded TDIU back to June of 2016. However, my original claim was from January of 2010. As a result, I sent in a NOD requesting that TDIU be retroactive back to 2010.

I was just mailed a letter from the VA stating that "Entitlement to an earlier effective date for the grant of Individual Unemployability was granted because the evidence shows you last gainfully worked on March 2, 2015... We have assigned an effective date of March 3, 2015, the day after you last worked... This decision represents a partial grant of benefits sought on appeal.

My questions are:

(1) Approximately how long before I receive the back pay?

(2) Should I pursue the amount back to 2010, since the time from 2010 to March 2015, my work record is spottier than Swiss cheese and I really didn't have a consistent work record.

(3) My son who was awarded Chapter 35 Educational benefits once I received TDIU in December of 2016, had just graduated from college (undergraduate), but was too late to have benefited from Chapter 35. But now since I have a new TDIU retro date dating back to his senior year in college, can he receive back monies for that one final year that he should have been entitled while in school? He has the award going forth, but was wondering if they'd pay him back pay for his last year of college since it now falls under my new onset (TDIU) date. How to proceed if its possible?

 

Thanks so much in advance for all your help in this matter.

 

Kevo

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1 hour ago, Bigkevo44 said:

This past Friday I received a decision from Department of Veterans Affairs Regional Office regarding a NOD that I had filed nearly two years ago. In October of 2016, I was awarded benefits at 70% retroactively from 2010. About 4 months prior to actually being approved, I requested that I be awarded TDIU as well. After all the dust settled, I was awarded TDIU back to June of 2016. However, my original claim was from January of 2010. As a result, I sent in a NOD requesting that TDIU be retroactive back to 2010.

I was just mailed a letter from the VA stating that "Entitlement to an earlier effective date for the grant of Individual Unemployability was granted because the evidence shows you last gainfully worked on March 2, 2015... We have assigned an effective date of March 3, 2015, the day after you last worked... This decision represents a partial grant of benefits sought on appeal.

My questions are:

(1) Approximately how long before I receive the back pay?

(2) Should I pursue the amount back to 2010, since the time from 2010 to March 2015, my work record is spottier than Swiss cheese and I really didn't have a consistent work record.

(3) My son who was awarded Chapter 35 Educational benefits once I received TDIU in December of 2016, had just graduated from college (undergraduate), but was too late to have benefited from Chapter 35. But now since I have a new TDIU retro date dating back to his senior year in college, can he receive back monies for that one final year that he should have been entitled while in school? He has the award going forth, but was wondering if they'd pay him back pay for his last year of college since it now falls under my new onset (TDIU) date. How to proceed if its possible?

 

Thanks so much in advance for all your help in this matter.

 

Kevo

I can't answer all your questions, but my oldest two children did receive chapter 35 benefits for the time I was retro IU PT and they would have received chapter 35 and did not, NOW don't forget they will take the money YOU received for them as a dependent over 18 and in school for that period of time.....which is far less but they will take it. 

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Thanks for the information. I appreciate it.

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How Do I Apply for those retro Chapter 35 benefits?

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"My son who was awarded Chapter 35 Educational benefits once I received TDIU in December of 2016, had just graduated from college (undergraduate), but was too late to have benefited from Chapter 35. But now since I have a new TDIU retro date dating back to his senior year in college, can he receive back monies for that one final year that he should have been entitled while in school? He has the award going forth, but was wondering if they'd pay him back pay for his last year of college since it now falls under my new onset (TDIU) date. How to proceed if its possible?"

As long as he was in a VA Approved College and had not reached the age of 26 when he was in college, the VA should award him a refund based on your  newest DEA EED.

He needs to contact his school for his tuition audit. I had a VA liaison at my college and betwen her and the Fnancial aid office at the college, they were able to give e proof of what I had paid, whe my DEA EED ran out---because I had another successful award letter with a better DEA EED. It was about 6 or 8 thousand they paid me.

I think I had to deal directly with VA Educational Department, and not my RO on all that. VA Edu dept needed a copy of my newest award letter and then paid me and issued a new Cert of Entitlement to DEA ( Chap 35)

 

 

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1 hour ago, Bigkevo44 said:

How Do I Apply for those retro Chapter 35 benefits?

Sorry, I should have made it more clear.....exactly what Berta stated.  My kids went through their VA rep at their college and the VA education folks directly I did not have to deal with it with the RO, no appeals etc. 

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