IU permanent & total disability

[uniformpapa7]

I'm  a Nam vet. Recently awarded 90% IU permanent & total disability. After 10 yrs of BS.

My friends tell me to leave it alone make no more claims, others tell me to continue with claims until 100% I live in Florida. Because I`m not 100% the DMV denied me disable tags and the property tax dept. gave me credit for my 90% but not for the  P&T. Yes, I`m getting paid for !00%. but it seems I`m leaving cards on the table. What say you brothers & sisters....

thanks from uniformpapa7

 

[ShrekTheTank]

I love answering this one and it is a choice you need to make for yourself.  

As for me I was told 7 years ago I got 40% and to just be happy with what I got and don't shake the tree.  I got dropped by them as they did not want to push my other claims.  I went to the VFW and they helped me get to the CAVC where I got a lawyer and I am now at 100% P&T and am looking at a retro sometime next year for 6 years of backpay.  This will also put me in the running for SMC-S, so we will see how that goes.

Not once have I been sent a letter telling me they were looking to reduce.  I go to my doctor regularly and I am honest and have no issues.  I personally know I should be rated here as I have looked over hundreds of citations from the BVA and knew where it should go for me.

What I am saying is do your homework and if you feel you should be higher, then keep fighting!  We can help every step of the way!

BTW I could never have made it here without the help from Hadit!

 

[GBArmy]

Shrek said it best! It's a choice you have to make yourself; never mind what works for others. Do your homework. If you have been going to the VA, seeking treatment, trying meds if prescribed, and not improving and your records reflect it, you should be fine if you decide to go for more if your disabilities are diagnosed and can be service connected. If you can prove it, sure go for it if you want to.

[Tbird]

You may find this article helpful https://hadit.com/6-reasons-to-keep-pursuing-va-claims-and-appeals-after-you-reach-100-hadit-com-veteran-to-veteran-2/

[broncovet]

One of VA's favorites, as well as VSO's, is to "put fear of reduction" into Vets minds so they dont pursue or get the ratings they deserve.  

The answer to that fear is knowledge.  Read over this and see if you see anything close to :  "If the Veteran seeks an increase, reduce him instead to get even with him."

No.  You wont find it anywhere.  Its totally bogus that by applying for an increase the VA will reduce you instead.  As Tbird said, at least one attorney has already refuted the "apply for increase get decreased instead" hypothesis.  

[sixthscents]

Yeah, I am often discouraged when I hear 20 years into this that Vets are still being told, be happy with what you got. My VSO rep actually sent a letter into the VA stating they felt that I wasn't due an increase and the VA had rated fairly. Yeah... that was when I immediately dropped my VSO rep. I don't know if it is actual collusion or incompetence but it seems to have been a staple story for 20 years now. Don't file for increase, you could get decreased. Well yes, and the sun could go nova tomorrow but I generally don't worry about it.

20 years doing this and I have yet to see a claim for increase lead to a decrease. So... at the end of the day it is your decision but I know what I did and I would have left over a million dollars on the table at this point (yes thats not hyperbole). So... it is your decision but I am incredibly glad I made mine the way I did.

The VA does change eligability to programs like the Caregiver act... and I could go on for days as to the lie they are selling there but... not to claims for compensation in my experience. 

Edited January 19, 2021 by sixthscents
spelling

[Buck52]

On 12/5/2020 at 9:07 PM, uniformpapa7 said:

I'm  a Nam vet. Recently awarded 90% IU permanent & total disability. After 10 yrs of BS.

My friends tell me to leave it alone make no more claims, others tell me to continue with claims until 100% I live in Florida. Because I`m not 100% the DMV denied me disable tags and the property tax dept. gave me credit for my 90% but not for the  P&T. Yes, I`m getting paid for !00%. but it seems I`m leaving cards on the table. What say you brothers & sisters....

thanks from uniformpapa7

 

How long ago did you receive your award letter for the 90%  plus IU P&T?

IF you filed for the IU at a later date  and you kept up your appeal time-line ,  you may want to check your retro for the proper retro....if they low-balled your retro  you can request you be paid from date? to date? or when you first applied for the IU  when your Dr said you were unemployable date or facts first found  on your s.c. disability...also check your dependents too  for correct retro.  man 10 years of retro at 100%  WOW...

even if your timeline run out  and you reopen your claim during this last 10 years , if I was you I'd sure check on the retro and make sure they paid you the correct amount  its worth it to check on it....

also you may want to go back to the DMV  and show them when you were awarded your IU P&T date...   It's the same as being 100% because your being paid at the 100% rate  check with the DMV and see if they will go back to the date you won your IU Award.(BACK 2 YEARS)..if you paid those taxes they may refund  your $$ ?...>some states will and some won't  just have go ask.  especially the property tax  I think they will go back and refund your taxes.  I think they grandfather back to so many years?  just have to check with your state  tax offices

Edited January 19, 2021 by Buck52