TBI claim for SMC-T

[scarf]

I am 100% P&T for PTSD and I just currently filled a new claim for residuals of TBI for SMC-T. I worked under 100% P&T; however, I stopped working due to dealing with the residuals of my TBI. VA just updated my claim for me to complete a TDIU form. Will this jeopardize my P&T status already for PTSD?

[Rattler]

1 hour ago, broncovet said:

Its a sad day when Veterans, out of a fear of rating reductions, do everything in their power to prevent VA from maximizing your benefits.  

Yea, YOU can prevent this from withdrawing the claim, but, why would you do that if it could result in more retro?  Fear should be saved for the battlefield..dont fear a ghost.  

 

Man you said a mouth full there. If I had a $1 for every time I hear that come out of a Vets mouth that someone told them that. We could fund this site for 10 years. (Mostly miss informed VSO) It all depends on how and what you are filing for. I would bet if you did a pole on how many got a reduction when filing a new claim there would not be that many.

[Mr cue]

I think everyone is in title to there opinion.

And I will leave it at that because I am not  take the gang bait.

I woke up in a good mood and this really has nothing to do with me I have give my advice like others.

So it is up to the veteran how they handle there claim this is all for information purposes.

I think that get lost an some needyo remember 

Last if a veteran is 100% PTSD pt.

Don't think opening  a tdiu claim when they have been working all along as the poster posted.

is going maximize  anything. But open the disability up for more exams.

Tdiu is not a condition. You apply if you can't work and are less than 100%

This is my opinion on the issue 

 

[broncovet]

I agree with Rattler:

   Whenever I hear the words, "I was told"...I cringe.  WHO told you?  Was it:

A.  An uninformed VSO?

B.  A Lay person with little or no Veteran's claim experience?

C.  Your pet Parrot?  

    I supported my "opinion" with a link from an Attorney who provided case law explaining his position.  

    If you have alternative "case law" which supports a conflicting opinion, please post it.  We want to hear it.  Its not unusual that medical or legal professionals vary widely in their opinions.  

    Remember, a fundamental principal of Veteran's case law is that a Veterans claim must be supported by medical evidence, that is, from a "competent medical professional".  This is not always a doctor, but it could be an Audiologist, for example, licensed to treat audiological disorders, and with experience treating them.  Now, THIS opinion COUNTS.  

    My opinion, such as those on legal, or medical issues dont matter, because Im not competent to render a professional or legal opinion.  It matters what the judge, or the doctor says, but my (unsubstantiated) opinion does not matter.  Nor does a VSO, VA employee, Veterans advocate, moderator, janitor or comedian's opinion, matter.  

    My advice is to listen to "competent" opinions.  And, the attorney who's opinion I cited, "provided competent evidence" from case law to back up his opinion.  

[Mr cue]

29 minutes ago, broncovet said:

My opinion, such as those on legal, or medical issues dont matter, because Im not competent to render a professional or legal opinion.  It matters what the judge, or the doctor says, but my (unsubstantiated) opinion does not matter

Ok Since we all agree that are opinions dont matter. This is all for information purposes. 

I think we can get back to the poster issue.

Which is why the VA is trying to get a 100% veteran to apply for tdiu.

The Veteran said they have been working up till the claim if tbi an smc t.

So there seem to be no time period the veteran or the VA can use to Grant tdiu.

Seem to me my opinion that the VA is try to open all the veterans disability up for exam.

Like I said tdiu is not a condition.

It is a benefit for veterans who are less than a 100% who can't work.

I don't think any of that apply here from what the Veteran posted.

I am very verse in the VA maximize benefits just won a cavc remand based on this.

Nothing about this is maximize anything my opinion.

It's call make the veteran go down a rabbit hole.

The Veteran didn't apply for tdiu so he is wrong to tell the VA that he didn't apply for the benefit. Ok 

So a veteran is to file for a benefit that they didn't ask for because the VA told them to apply for tdiu.

Naw I don't understand and think I will not Never understand this one.

 

 

 

 

 

 

 

[broncovet]

You posted:

Quote

Naw I don't understand and think I will not Never understand this one.

The VA has you just where they want you to be...Confused.  Confused Veterans make mistakes, such as "sabotaging" their own claim by doing things like withdrawing claims.   I withdrew a claim once, and regret it still.  I wish there was an "unwithdraw" key...kind of like an "undelete" key.  I was uninformed..hoping a withdrawal would speed up other claims.  Of course, I was wrong.  

Or, confused Veterans "dont apply" for benefits out of fear of reductions.  They "settle in" for less than they deserve.  My VSO said I "should not appeal" even tho it was a zero percent rating, as they could reduce me.  (How can they reduce a 0 percent rating?..I guess they could hypothetically remove SC, but that isnt a reduction..its a severance of service connection, under the rules of "severance".   

[Mr cue]

6 minutes ago, broncovet said:

The VA has you just where they want you to be...Confused.  Confused Veterans make mistakes, such as "sabotaging" their own claim by doing things like withdrawing claims.   I withdrew a claim once, and regret it still.  I wish there was an "unwithdraw" key...kind of like an "undelete" key.  I was uninformed..hoping a withdrawal would speed up other claims.  Of course, I was wrong.  

Or, confused Veterans "dont apply" for benefits out of fear of reductions.  They "settle in" for less than they deserve.  My VSO said I "should not appeal" even tho it was a zero percent rating, as they could reduce me.  (How can they reduce a 0 percent rating?..I guess they could hypothetically remove SC, but that isnt a reduction..its a severance of service connection, under the rules of "severance".

Crazy how this post turn so

 

9 minutes ago, broncovet said:

 I withdrew a claim once, and regret it still.  I wish there was an "unwithdraw" key...kind of like an "undelete" key.  I was uninformed..hoping a withdrawal would speed up other claims.  Of course, I was wrong

Crazy how this post turn personal toward me lol.

Sorry your withdrawal didn't work for you because you were confused.

I think the poster got both sides of the issue and they will make a choice on how they will handle there issue.

Done with this everone can see you are trying to bait me to go at it with you.

I am going to enjoy my day.

Good luck to the poster.