VA status changed from TDIU P&T to Schedular P&T

[foreveryoung]

I was awarded 100% TDIU P&T

 

Edited January 29, 2022 by foreveryoung
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[Buck52]

Geeky

I am not sure of the App But they have an App out now days that can check on things for you that are in a file folder   like our C-File

I am not sure what its called  but it kinda works like acrobat reader pro .you can go to the file IN this case C-FILE and type in a word or two three words that is the subject that your looking for and it goes straight to that subject.  I am sure you have that on your computer....but this App IS FAR MORE ACCURATE THAT THAT..i JUST CAN'T REMEMBER THE NAME IF THE APP.

My son is the senior  system analyst  for an IT Company  he was telling me about it  and I need to get it.

[GeekySquid]

11 minutes ago, foreveryoung said:

Are you saying that is not required if you have a 60% rating for one disability?

 

I would review my records, all LETTERS and AWARDS, for the dates granted, which items are rated but NOT connected to each other.. Knee and MH for example should not be connected unless the Knees is the listed cause of your MH. I doubt that is the case but it is a possibility.

I would search my C-file and med records, including those under the Blue Button on MyHealtheVet, for any sleep related entries including insomnia. Medications, notes, etc.

Then I would file that claim. Force the VA to either grant it, send you to a C&P, or deny it. If they need that "form" to be filled out by an Independent Dr, then they will likely grant a C&P. Which even as "housebound" you can attend without being punished.

The VA has been slapped silly by the courts over trying to claim that attending medical care is sufficient reason to deny "housebound".

What I suspect, based on what you have posted, is they will go ahead and grant Statutory SMC(s). I suspect they will try and only grant to the date of the claim. Then you will have to NOD for any EED and retro pay. Those are suspicions based on what personal and anecdotal knowledge I have of how the VA behaves.

AS for why the VA doesn't do something it is supposed to do.....that is the $64,000.00 question. We don't really know in every case and there are a lot of possible reasons. Just know that it happens and very frequently.

@Buck52 is correct that you have a possible CUE situation. CUE is the other possible path and frankly could be the fasted way to get what you are entitled to. The downside is that if they deny the CUE it presents you challenges (at the RO level at least) in arguing the case further.

If you seriously want to consider the CUE option and want people to chime in on that, I suggest you get all of your award letters together and scan in a redacted copies (hide your personal info) and I would ask you also screen cap the Ebenefits Disability link contents. Then start a new thread on just your possible CUE. Tag us into that new post so we know to chime in.

 

 

[GeekySquid]

4 minutes ago, Buck52 said:

App IS FAR MORE ACCURATE THAT THAT..i JUST CAN'T REMEMBER THE NAME IF THE APP.

@Buck52

I use an app called by Nuance Software called Power PDF, it does what you are talking about. I also use Python and GREP to find data in my PDF files when the GUI programs don't function well enough.

Complex queries can be difficult to figure out what exactly to search for. We don't know all the possible medical terms

For example I have moderately high blood pressure and wanted to graph my blood pressure history from my SMR's and the Blue Button PDF's.

At first I looked for hypertension, then for BP and Blood Pressure. Then I realized that sometimes the record is under Vital Signs. Then I found a couple records that did not say BP or Vital Signs but did record systolic and diastolic readings. If I did not know that those two words were related to BP I would not have searched for them.

VA records are not 100% consistent and neither are SMR's. Digging can be such a pain in the neck.

 

[GeekySquid]

21 minutes ago, Buck52 said:

I do get an EOB letter every year stating that 

I am assuming you mean an Explanation of Benefits letter? I don't get one every year and never have.

Are we supposed to get annual notifications? that is news!! at least to me LOL.

I was never granted IU when I was at 70% for PTSD, in fact the VA never mentioned the possibility of IU in my award. However there is a miscellaneous entry in the my file concerning my initial claim.

If you look at the jpg someone somewhere in the VA marked Y to me being Employable. Oddly the money listed is 6 grand less than what they sent me in that check. I got a separate one for that months compensation, so who knows what that means.

There is no header on that page that identifies who or where it comes from but at the bottom is this

I own my business, but there is no other mention of that or employment in my records and I never told anyone in the VA explicitly that I own my own business and I don't recall ever being asked if I worked; or at least by any one in the C&P process. In the medical files there is no reference to working or employment.

[foreveryoung]

Thanks for all the advise. I'm going to get stuff together and file for SMC(s), via the 60% rule. Can't hurt to try.

[GeekySquid]

1 minute ago, foreveryoung said:

I'm going to get stuff together and file for SMC(s), via the 60% rule.

Good. are you considering the CUE route? it is possibly the fastest and it sounds like you have one.

If so and you want anyone to review what you plan on submitting, then please post in a new thread and tag us. Ms. Berta is the Queen of Cue around here but is very busy with a lot of irons in the fire.