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I've been TDIU, since 2004, and last year, I knew my son was coming up near college time, so I pursued filing for an increase, and to ask for P&T. It's been a long haul, and I put it off for awhile, because, well, went through a divorce, and I helped some vets at a Vet center, and in the end, I remembered the stress of fighting with the VA, but I knew that I had to do this for my son. The state representative tried to persuade me not to push in case I got reduced. Told him I wasn't worried about it, as my health had gotten a lot worse. Well as soon as he digs in, he thinks I have a CUE claim, which I think we will still have to fight. I did get an 80% rating on the claim that they denied before as it got worse and now I have a loss of use for my left foot. So I got a letter, that I'm now 100% and it is P&T. Whew, I've been overwhelmed for the last week. Now I still have a question or two. One, my son is 16, and now eligible to be on CHAMPVA, he's been on his mother's insurance as all I had was VA before, and her insurance isn't that great since it's in a small company. Is it possible to drop his insurance or will they make her keep it even after he gets approved for the ChampVa, I know that he's eligible for it as well as the education benefits, but his current insurance is really crappy. Any advice or answers? Also, not as worried about this, I'm not dead, but am P&T now due to SC. Wife got remarried, and is now divorced again, younger than 55, is she eligible now for insurance as well as a former spouse? The rules seem to conflict with the wording, so thought I'd ask here, cause I really don't want to ask my Service Officer, because I can foresee him blowing it off and tellilng me to be happy. I told my ex wife I would ask, and if she was eligible I had no problem with it, but I needed to ask some people that actually knew the answer. Anyway, I'm very grateful that I finally got what I felt I deserved for a long time. Hope everyone is doing well. The burden has finally been lifted. Woohoo.
I was recently given 100% P&T and started filling out the Chapter 35 benefits for my wife as she has wished to continue her education, however i noticed that it says "If you are over the age of 18 once you receive either the DEA or FRY SCHOLARSHIP benefits, you will no longer receive payments of Dependency and Indemnity Compensation (DIC) or Pension and you may no longer be claimed as a dependent in a Compensation claim. If you are under the age of 18, on your 18th birthday you will lose eligibility for DIC or Pension payments and you will no longer be claimed as a dependent in a Compensation claim. CAREFULLY READ THE INFORMATION AND INSTRUCTIONS ON PAGE 6, ITEM 22 BEFORE COMPLETING THE ELECTION BOX BELOW. YOU ARE STRONGLY ENCOURAGED TO DISCUSS YOUR ELECTION WITH A VA COUNSELOR."
I am not familiar with this, so does this mean IF she was a surving spouse she wouldnt get DIC payments while she was on Chapter 35 or does this mean if she uses Chapter 35 now she wont get DIC payments if i passed in 10,15,30 years and made her eligible for the 50% of my Disability payment as a surviving spouse?
I am a widow and I am trying to file a DIC claim, but I need help.
My husband died March 21, 2020 from liver failure (primary) and chronic cirrhosis (secondary). There was not an autopsy. He was an OIF veteran, and was rated 100% due to PTSD and major depression on August 12, 2013. His rating was made permanent and total in December 1, 2019, so I know I don't qualify based on the 10 year requirement.
However, I believe his death from alcohol is directly related to his PTSD and major depression. I had conversations with him while he was still alive where he admitted as much. He was seeing a counselor to help with his depression, I have some notes from her, where she notated that he was drinking less that week. I called her to see if she could provide a statement to help, but she had to call her malpractice insurance company first, and I have not heard back.
I have initiated the claims process with the VA, and am currently working on form 21-4138 Statement in Support of Claim. I have family and friends who can make statements supporting my claim that he drank to self-medicate for his PTSD.
Any tips or advice you can give me to help fill this form out without screwing myself over would be appreciated!
This past Friday I received a decision from Department of Veterans Affairs Regional Office regarding a NOD that I had filed nearly two years ago. In October of 2016, I was awarded benefits at 70% retroactively from 2010. About 4 months prior to actually being approved, I requested that I be awarded TDIU as well. After all the dust settled, I was awarded TDIU back to June of 2016. However, my original claim was from January of 2010. As a result, I sent in a NOD requesting that TDIU be retroactive back to 2010.
I was just mailed a letter from the VA stating that "Entitlement to an earlier effective date for the grant of Individual Unemployability was granted because the evidence shows you last gainfully worked on March 2, 2015... We have assigned an effective date of March 3, 2015, the day after you last worked... This decision represents a partial grant of benefits sought on appeal.
My questions are:
(1) Approximately how long before I receive the back pay?
(2) Should I pursue the amount back to 2010, since the time from 2010 to March 2015, my work record is spottier than Swiss cheese and I really didn't have a consistent work record.
(3) My son who was awarded Chapter 35 Educational benefits once I received TDIU in December of 2016, had just graduated from college (undergraduate), but was too late to have benefited from Chapter 35. But now since I have a new TDIU retro date dating back to his senior year in college, can he receive back monies for that one final year that he should have been entitled while in school? He has the award going forth, but was wondering if they'd pay him back pay for his last year of college since it now falls under my new onset (TDIU) date. How to proceed if its possible?
Thanks so much in advance for all your help in this matter.
I am the sole caretaker for my spouse which makes it extremely difficult to leave and go to a VA facility to file my claim. When I registered for Ebenefits it says I have to have a Premium Account but I cannot just leave for the in person verification.
It is imperative that I get benefits because of recent health status and also the full time care my wife will need if/when I need a treatment plan.
Can somebody direct me on how to get VA Form 21-526 filled out and also to obtain my C File? I have a portion of my medical record frm my time in service in the Army from 1972-1976.
Any help or guidance is greatly appreciated, I live in a fairly remote area without a local VSO or Rep.
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,