Confused Not100% but get ChampVA

[Poopsy Woopsy]

I am at my witts end with confusion!! I have been denied "Accrued benefits" which should have come AFTER getting 100%. because

of IU or TDIU.

If I get ChampVA (I just read you have to be at 100% to receive it) why then wouldnt I have been awarded "Accrued benefits for ALL the 

time we were waiting on these claims to be done.

How am I not getting 100% for allotment amount and accrued benefits for back pay on pending claims.. 

They said 1: they went off an old SSI claim which was way before all his medical trouble..which Should and could also be connected to his 70% PTSD. 

I dont know how to make the Old SSI irrelevant or not count towards his claims.

[Poopsy Woopsy]

Hi Berta thanks for your help. 

The Ao claim Im not even dealing with right now because I have to get this "Accrued" stuff dealt with first..

The more I read all these posts from people trying to help.. Just guessing but MAYBE the VA screwed up and are 

trying to fix it by "NOW" wanting to rate the "Accrued" that they just denied...I dont know.. Just know I appreciate everyones help and am trying to get somewhere with this. Am seeing a VA Rep this week so maybe some things will become more clear.

[Poopsy Woopsy]

thanks Buck.. 

He has only been rated for PTSD at 70% and was when he died, even though some of the claims we had in should have and could have changed that. I received a letter from a NON VA Cardiologist stating that His heart AND his PTSD were factors. So when the VA was found negligent in his death,  I had the statement from the cardiologist that claimed what factors were relevant when he died. I called a lawyer after his death and he said  "You can't SUE the government"" You don't have a case!  So i didn't know to even consider a Torte claim.. and it now has been 41/2 years. I am assuming because they now pay me monthly,, I would not be eligible for both (Torte).

I am wanting TDIU to make his 70% PTSD at 100%. wont that bring my allotment amount to a higher level.. ( one a bit easier to live on) Not to mention if they gave him 100%. he would deserve the back pay from when we originally filed.. I assumed getting the TDIU would "Infer"  the backpay from date of claim! an What should be assumed as vaalid in receiving as a torte or as we were trying to do in the first place through filed claims

[Carl the Engineer]

Your DIC is based on your husbands death and not what he was rated at.  If a Veteran dies from service connected disabilities, whether he was rated 10% or 100%, the DIC is the same.  Same with ChampVA, either you get it or you don't.

So, the only two things I see you could be after would be, a

claim against the VA for causing death,

and second, a claim for an earlier date for TDIU (or 100% rating).

For those, you should get a lawyer,

Hamslice

 

 

 

 

[Buck52]

Poopsy

Are you trying to see if your hubby was rating the TDIU based off his 70% S.C.PTSD Claim...

Are you thinking even though your hubby had died...the TDIU Claim was filed before his death and he should have got the TDIU but was never awarded it? and if he is awarded the  TDIU  your thinking it should go back paid (retro) back to when he first filed for it? 41 years ago?

Is this what your trying to do?  get the back pay on your hubbys TDIU Claim??? if Awarded?

[Poopsy Woopsy]

BUCK52 Thanks!

YES, YES, YES!!!!! i have been looking through "how to file" since receiving my denial! 

This is what is important!! He is only being denied because they are "Reverting" BACK to when we were receiveing some SSI for a back issue he had.. He had back surgery and at that point didn't receive any more SSI. So they are saying the inability to work relates to his back.

Note: The VA med records showed one of the reasons he was on "hydrocortisone" prescription is they related it to to his back... the rational is really that he had open heart surgery and they opened up his chest which requires  putting in a chest wire! well that chest wire "BROKE" and he kept complaining of pain, which the VA continually ignored. Finally someone listened and told him to be at the Seattle VA hospital "THE NEXT DAY" to replace the chest wire. (they paid for the flight. How nice!!)  I'm sure it was just to save their butts for not addressing the problem that could have taken his life!!! after "REPEATEDLY" telling them he was having pain and something was wrong!! They just ignored him and wrote him off as a "Drug addict" Despicable given that so many Vets end up that way with NO help in sight!! Even when we asked when he would be taken off the hydro. they just said "probably never"" by then they just wrote him off as addicted. (Also in his records).  SO I dont know how to rectify this in pertaining to his prior SSI given that they might just say he was continuallly getting meds for the back issue. (among other medical issues, that In my opinion, were all related to his AO that they wouldnt give him after having 4 of the medical issues related to AO. yes I said 4)The only  info missing is him leaving the ship in blue waters. It was a secret mission and they wrote back saying they couldn't get any info pertaining to that!!. Waiting for C-file on that!

Im hoping that it will be as simple as getting them to not consider the SSI. and I have been trying to figure out HOW to do that!!

I think  if I can somehow "Proove" SSI is not relatable to his TDIU, I should be able to just get a remand of evidence so that It wont take forever!! and TDIU is awarded.

What do you think? 

We filed for TDIU (of course) AFTER  he received his PTSD claim at 70%  about 6 or 7 years ago. he passed 4 1/2 years ago..  

That is why I think he has to get the TDIU "FIRST" so he then is entitled to  "accrued benefits" for the new 100% rating. correct ??

P.S. I get DIC (in lieu of his death and subsequently ChampVA)

I keep reading you have to be 100% to receive it. so part of the confusion.

 

Edited January 8, 2019 by Poopsy Woopsy

[Poopsy Woopsy]

Thanks Hamslice ( I love your Handle) 

that makes sense.. DIC is from his death, but I should then still be able to pursue our claim for TDIU (that was in before his death) and that then: if awarded,  should give us the "accrued"benefits from receiving benefits for the TDIU, that  they denied, Correct? Why would they put the "cart before the horse. so to speak? They were in the same Claim!!