Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • fundraising.jpegGive a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Our picks

    • Update 2:

      Just talked to a representative for my lawyer.

      I was basically told my lawyer is going to write an argument letter and present it to the BVA hearing judge - citing VA rules, regulations, and other similar cases of how my claim has been unfairly rated by the RO given all of the probative evidence.

      The motto of “deny, deny, deny until the veteran quits or dies” is alive and well.

      It should not take a veteran to present their case before the BVA to get it right.

      It is downright insulting and a spit to the face when a veteran clearly has current disabilities (that are presently being treated) that were diagnosed while in-service and documented in their SMRs.

      I find it funny how my least documented disability in my SMRs (patellofemoral syndrome in both knees) was granted when I first filed my claim in 2018. 

      Now I know first-hand how most or some of you feel in hadit.
    • Update:

      My lawyer received the decision letter before I did. I was denied on all of my contentions, and my lawyer sent in the form to appeal to the BVA.

      I find this disheartening because one of my issues (migraine headaches) are clearly documented in my SMRs and even on the separation physical exam the physician wrote “Migraine headaches (severe).”

      My SMRs also showed the frequency (3-5 per month) and intensity (prostrating in nature) of the migraines with documentation of laying down or sleep was my only relief.

      Sumatriptans did not help at all. After I left service, I was also diagnosed by a VA neurologist with migraine headaches.

      Then I had an IME w/ IMO with a board certified specialist who provided a nexus with “at least as likely as not related to his military service” in regards to my migraines.

      I just feel defeated, and my migraine headaches make me suicidal to the point I have suicidal ideation on a daily basis.

      I do no understand how the VA can deny service-connection when the evidence is cut and dry.

      The C&P exam for my migraines was done by an NP who incorrectly applied the VA definition for migraines and opined “veteran does not have chronic migraines. Chronic migraines are 15 migraine headaches per month or more.”

      Migraine headaches are not rated that way, which to me is clearly a CUE.

      I just feel so broken.
    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
  • Advertisemnt

  • 0
Sign in to follow this  
IGottaKnow

Need some clarification on my IU Award

Question

I was recently granted IU back in September 2019.  I was trying to see if I was also P&T because of my award letter referenced CHAMPVA & Chapter 35 -- but it did not say that I was granted it (see info enclosed below). My award letter also did not mention a future C&P exam either. On eBenefits there is no Commissary Letter or Chapter 35 Letter under Letter Generator. I recently went to a local military base to get my Tan ID card in which the Expiration Date shows "INDEF" and the STATUS/Grade box reflects "DAVPRM". 

I would like to get y'alls thoughts about this. Thanks!

 

Your Benefit Information:

·         Entitlement to individual is granted effective April 22, 2019.

·         Evaluation of posttraumatic stress disorder, which is currently 70 percent disabling, is continued.

See Rating Decision to find out why we made this decision. 

You and your dependents may be eligible for benefits under CHAMPVA. CHAMPVA is a health benefits program in which the Department of Veterans Affairs (VA) shares the cost of certain healthcare and supplies with eligible beneficiaries. To be eligible for the CHAMPVA program a dependent must be the spouse or child of a Veteran who is permanently and totally disabled from a service-connected disability. You should call 1-800-733-8387 if additional information is needed, or visit http://www.va.gov/hac/forbeneficiaries/champva/champva.asp.

Your dependents may be eligible for Dependents’ Educational Assistance (Chapter 35). For more information on this program, please visit the following web site: https://www.vets.gov/education/gi-bill/survivors-dependent-assistance/ or call 1-888-GIBILL-1 (1-888-442-4551).

 

 

 

 

 

 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

I would say your P&T

THEY SHOULD HAVE SENT YOU THE APPLICATION FORMS FOR CHAMPVA  BUT NORMALLY THAT IS  a P&T STATUS

CALL THE 1-800 AND ASK WHAT YOUR CLAIM STATUS IS .

 

Share this post


Link to post
Share on other sites
  • 0

Congratulations!!!  Make sure you get all the benefits you deserve.  Examples are waiver of copayments and deductables (they return that money to you if you have already paid it), property tax exemption in many states, some states have free hunting and fishing license, etc. etc.  Oh, and dont forget 10,000 of free life insurance.  (No payments required, but it will have a cash value of 10,000 dollars after about 20 years.  Prior to those 20 years, if you die, your family should get 10,000 in cash).  

Ok.  "If" the VARO decision said something close to "Entitlement to eligibility for Chapter 35 DEA is established", then that is VA speak for P and T.  You need to do nothing.  

If you need a letter that says you are P and T, go to ebenefits "letters" and print one out.  

Yes, its irritating that VA decisions often "do not say" P and T, even when they are.  They want to confuse us still more and say stuff instead like:


"No future exams are scheduled".  OR

Entltlement to chapter 35 is established.  

    Again the above 2 lines are VA speak for P and T.  

 

Edited by broncovet

Share this post


Link to post
Share on other sites
  • 0

Congratulations, I agree that you need to call peggy and see if you are entitled to CHAMPVA.  Use all of the benefits afforded, especially the property tax exemption.  It is a large benefit.

  • Like 2

Share this post


Link to post
Share on other sites
  • 0

Congratulations...also depending on your state you may also be entitled to a break on personal property tax. I live in Virginia and the personal property tax  for my car went from 4% to 1%. Every little bit helps.

Share this post


Link to post
Share on other sites
  • 0

If you have no luck with the above good advice ideas then if you live close to a VA regional office you can go there and talk to their VSRs about getting the P&T award letters that should have appeared on your Ebenefits page.

  • Thanks 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By Jash
      I’ve done the VA claim-bit on my own. I don’t  know if this is a mistake or not. 
      I went to a c&p exam recently. I left somewhat confused. I never had a doctor tell me directly that she was recommending an increase as well as IU. She said though it was ultimately up to the rater. I don’t have her report because 30 days has not passed. I was at 50% for ptsd and 10% hearing loss. During the appointment the c&p doctor quoted a couple other reports where VA doctors I’ve seen at various clinics said that I had “long term, chronic and severe...” (Don’t want to get into the what). I find myself now obsessing if: 
      1. The c&p dr was lying to about her recommendations; 
      2. The c&p dr was telling the truth about the recommendations;
      3. The rater will decrease my %
      4. The rater will increase my%
      Ultimately it boils down to: How much weight does the rater put into the C&P dr recommendations? Could I really get IU if that dr did actually recommend it? what are the chances?  The IU could help a lot, I’ve not been able to work much the past few years. 
    • By Wilson
      Recently I applied for increased compensation of my existing conditions,which were 10% hearing and 30% depression.
      I filed for a increase on my depression which went up to 70% from 30%.
      Second I filed for sciatica of right leg secondary to back.
      Anyway I went from 30% to 80% rating.
      I was not granted IU but was not filing for that,just a increase.
      Do I appeal being they did not consider me eligible,or do I just file a new claim for it.
       
    • By Austin
      Yesterday when reviewing my medical records I noticed an examiner did a C and P/DBQ addendum. Im currently 70 percent and submitted for an increase(12 months ago) and also filed for IU(2 months ago). I don't know what this nexus means and would like to know if the exam was for the IU or increase claim. This examiner did a table top review as I wasn't present for it. See below:
      Please utilize this form when responding to VBA requests for either addendums    or clarifications of prior VHA examination reports.        This Veteran was seen for a C&P examination in December, 2017. At that time    it was felt that the most appropriate diagnosis was that of a mood disorder,    which was considered to be severe. At that time it was noted that the Veteran    had been able to complete a college degree.
          In July of this year the Veteran was admitted to inpatient treatment, which    he successfully completed, and he continued in treatment throught the    remainder of this year. Treatment notes reference some improvement in
          functioning, with the Veteran reporting boredom.
          At this point, given the available information, I believe it is as likely as    not that the Veteran's severe mood disorder would make it impossible for him    to maintain employment over an extended period of time. 
          Perhaps vocational rehabilitation, combined with his continuing in treatment    might make it possible for him to obtain and maintain employment at a later 
      So my question is.. Does the nexus look favorable? What was this exam for(IU or my increase)? My increase is in front of the DRO and was filed in December of last year after my initial award. The IU claim was only filled a month or two ago. The C and P exam was done 15 days ago. Any assistance would be greatly appreciated 
       
    • By Sims65
      Hello,
      My husband and I had a few questions about the Individual Unemployability and the decision process. He has SC PTSD 70% VA disability rating. And he just called his claim on October 25th. They are now requesting a VA Form 21-4192. I know the VA requires the form to be sent out even if the veteran has not worked in 5 years. My husband does fall into that category. He has not working full-time position since he was in the army and was discharged in the year of 2014. Due to his condition he's had to work odd jobs like mowing lawns, etc. However he has had two 1099 jobs that never averaged more than 20 hours a week. And he had to quit that job due to his PTSD triggers. He got this job shortly after his discharge in 2014. We indeed know he is eligible for IU with his 70% service connected PTSD. A VA rep told us we did not have to include those odd jobs or the 1099 position which it was not full time. Would like any kind of insight on what the VA requires for employment history. My next question is regarding IU benefit payments and current VA disability benefit payments. Are they two separate payments? all the sources that I have been able to find say monthly payment is alittle over $2900. Is that additional to the VA disability payment he already receives? And one last question. Are c&p exams always required for IU claims? We haven't been notified that he needs to have one yet. Thank you for taking the time to read my long-winded questions. Any insight would be great!
  • Ads

  • Our picks

    • Update 2:

      Just talked to a representative for my lawyer.

      I was basically told my lawyer is going to write an argument letter and present it to the BVA hearing judge - citing VA rules, regulations, and other similar cases of how my claim has been unfairly rated by the RO given all of the probative evidence.

      The motto of “deny, deny, deny until the veteran quits or dies” is alive and well.

      It should not take a veteran to present their case before the BVA to get it right.

      It is downright insulting and a spit to the face when a veteran clearly has current disabilities (that are presently being treated) that were diagnosed while in-service and documented in their SMRs.

      I find it funny how my least documented disability in my SMRs (patellofemoral syndrome in both knees) was granted when I first filed my claim in 2018. 

      Now I know first-hand how most or some of you feel in hadit.
    • Update:

      My lawyer received the decision letter before I did. I was denied on all of my contentions, and my lawyer sent in the form to appeal to the BVA.

      I find this disheartening because one of my issues (migraine headaches) are clearly documented in my SMRs and even on the separation physical exam the physician wrote “Migraine headaches (severe).”

      My SMRs also showed the frequency (3-5 per month) and intensity (prostrating in nature) of the migraines with documentation of laying down or sleep was my only relief.

      Sumatriptans did not help at all. After I left service, I was also diagnosed by a VA neurologist with migraine headaches.

      Then I had an IME w/ IMO with a board certified specialist who provided a nexus with “at least as likely as not related to his military service” in regards to my migraines.

      I just feel defeated, and my migraine headaches make me suicidal to the point I have suicidal ideation on a daily basis.

      I do no understand how the VA can deny service-connection when the evidence is cut and dry.

      The C&P exam for my migraines was done by an NP who incorrectly applied the VA definition for migraines and opined “veteran does not have chronic migraines. Chronic migraines are 15 migraine headaches per month or more.”

      Migraine headaches are not rated that way, which to me is clearly a CUE.

      I just feel so broken.
    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines