Latest decision, TDIU granted, not very happy because a lot of fight still lies ahead

[kanewnut]

I got a pretty good deposit in my account the day after the election. It didn't sit well with me. I figured they just screwed me again and the fight would have to continue. When I got the envelope the next week I read the decision and knew I was correct. I try not to let this stuff piss me off but it still does. Sometimes really bad. I have attached a copy of the rating decision. I have also attached a copy of a letter that I wrote to my congressman where I point out errors that I see. 

I have looked at the ebenefits letters. The commissary letter states "

compensation at the 100 percent rate due to service-connected disability(ies).

This total disability is considered permanent. You are not scheduled for future examinations."  

The benefit verification letter shows the payment at the 100 percent rate, but shows my disability at 90 percent. The tax office said to bring the letter that shows I am 100 percent to get home tax relief. I am not sure of what letter they want.

2020-10-28 VA Decision Redacted for Hadit.pdf 2020-11-16 VA Letter to Congressman Redacted for hadit.pdf

[Buck52]

Take your award letter and the commissary letter  being IU  your considered to be a 100% veteran  the 90% is just for compensation purposes.

I took the benefits letter that showed I was 90% but being paid at the 100% rate due to the  TDIU P&T  THE APPRAISAL OFFICE TOOK IT  AND YOU MIGHT WANT TO ASK YOUR APPRAISAL OFFICE IF THEY CAN GO BACK 2 YEARS FOR YOUR PROPERTY.TAX AND SCHOOL TAX  RETRO BACK TO THE DATE  YOU WON THE TDIU P&T ON THE PROPERTY TAX YOU PAIN IN.   BUT DIFFERENT STATES HAVE DIFFERENT GUIDELINES SET.

IU VETERANS AND 100%SCHEDULER  VETERANS ARE EXEMPT FROM THE PROPERTY TAX AS SOON AND THEY MAKE YOU TDIU P&T

AND YES FIGHT THEM ON THE EED.

CONGRATULATIONS ON A WELL FOUGHT CLAIM.

[broncovet]

Congratulations!  I agree with Buck, but will add:

   Be sure and check the effective dates, and make sure they are consitent with YOUR records.  You may need to appeal this decision to get an EED, if you deserve one.  (VA LOVES to hornswaggle Vets on the effective date). 

   But, dont forget your other 100 percent P and T benefits (Some of these may have time limits or you lose).  

1.  VA life insurance.  10,000 free (waiver of premium).  Dont even think of skipping this one, its whole life insurance and builds up cash you can access later.  

2.  Champva for your spouse.  "Even if" you have other health insurance, you probably want the best (Champva) which costs zero now.  

3.  Property tax benefits.  Many/most states give 100 percent (yes, mostly tdiu "counts", especially with the ebenefits letter) Vets a big break on property taxes.  IN some states disabled Vets (100 percent) pay o property taxes, in my state, I only pay about 1/4 of what it would be.  It saves me about 200 per month, or so, on the taxes on my home.  

    

[Berta]

Kanenut -that is WOINDERFUL , and of course the decision might contain errors- I saved it to go over later today as weather is affecting my Sat. Dish....

I said to you here some time ago that YOU should be a LAWYER!!!!!!

Thank you !!!!!!

for being so willing to hang in there with this claim.And so willing to educate yourself on VA case law and regs ( you even know many aspects of M21-1MR-which alludes many VSOs, vet reps, agents and even vet lawyers.)

Although the BVA is not "bound" by M21-1MR they have made many remands and made other legal statements in  their decisions that fully consider M21-1MR.

And BVA remands due to the fact that the RO did not apply M21-121 instructions properly, to the detriment of the veteran.

I mention that due to one of your past comments here on something else.

The VA makes plenty of mistakes. They erred on every single claim I ever filed since 1995.

But I won them all so far.

Keep your Warrior Spirit! and Stay as healthy as you can.....You know how to fight back!

VA isn't really the enemy of claimants- TIME IS!!!!

The retro might be wrong but enjoy this Victory so far.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

 

 

[kanewnut]

12 hours ago, Berta said:

The VA makes plenty of mistakes. They erred on every single claim I ever filed since 1995.

My first claim was in 1985. I have learned so much in the last few years that I can now see errors in just about every single claim I have made. Having DAV for my representative has been useless. Win or Die trying. Thank you all for all help.

[kanewnut]

On 11/18/2020 at 6:46 AM, broncovet said:

1.  VA life insurance.  10,000 free (waiver of premium).  Dont even think of skipping this one, its whole life insurance and builds up cash you can access later.  

This is from the form - 

2. It has been less than 2 years since VA notified you of a new service-connected disability or you are currently waiting for a rating for your service-connected disability. Please Note: The disability you are rated for must be a new disability, not an increase in a disability you already have. An increase to 100% or being granted individual unemployability does not automatically entitle you to a new eligibility period.

This looks like I will not qualify. 

[Berta]

Wow lots to read in their decision.

Can you give us the Docket # of the Remand?

It seems the TDIU EED was based on the September 5, 2017 C & P exam.

Do you think that EED is incorrect?

I am concerned about the migraine claim-was that part of the remand? Is it still open claim?

Is it claimed as direct or as secondary to the spine,disc problems.?

That seems powerful  meds for something the VA rated at "0"

 

 

 

 

Edited November 20, 2020 by Berta
added more