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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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Poopsy Woopsy

Confused Not100% but get ChampVA

Question

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.

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This is not a Tort issue.

I suggest anyone here  trying to help Poopsy Wootsy, should go to 

https://community.hadit.com/search/?q=Poopsy Wootsy

and read, as I did many times, All of  her past posts.  17 posts and replies I think..

My responses to her left many unanswered questions, and we have not seen here  any  evidence at all of any documented Fact of this claim .

I do not even see how she got DIC- or CHAMPVA. The VA might have made a critical legal error in the DIC award.

If no one will take the time- (and it does take a lot of time) to go over her past posts carefully  and then opine here- I suggest that she file a NOD and then get a lawyer.

 

 

 

 

 

 

 

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Just to add to anyone reading those past posts- the "secret mission"can be proven by the US State Department- 

My daughter was on two secret missions, and all I knew was her DEROS -Date of Estimated Return from Overseas

and that if she was injured or killed ,the US State Department would contact me immediately.

This is in addition to the other secret mission advice I gave her.

 

 

 

 

 

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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.

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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

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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

 

 

 

 

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