The Entire Story I Will Convey To The Best Of My Ability

[Tammy]

I know my situations sounds mixed up and i am sorry i can't get my points accross but this week i plan to to have a complete history of what and when I got this disabities and all the things I need to look at all my paper work so my questions aren't all messed up. I know im pemant and totally disabled i get chapter 35 but now the kids are grown,that saved money on the tax payers. Thanks again for everyting. I do read everything that is posted, i do aplogize but some of tthe questions are difficult to explain.

Tammy

[Pete53]

Tammy:

Be patient and so will we.

[cloudcroft]

Tammy,

I don't think it's your situation that's messed up -- from what I can tell which is not much so far -- I think it's how you're WRITING about your situation. You need to write coherently so people AND the VA, when you need to submit documents/statements to them, can follow what you're saying. Especially with the VA, you want to be as clear as possible so there are ZERO room for misunderstandings and no way for the VA to misinterpret (at your expense) what you are saying.

You can have someone write statements for you (such as a VA Benefits rep at the local VA Clinic or, a VSO) or maybe even a friend who is good at writing.

A vet MUST be able to communicate well/effectively if he/she is handling his/her case alone, otherwise, a VSO, VA Benefits rep or friend can listen to what you say and write a statement for you (which you must approve) and submit THAT to the VA.

But here on the forum, you'll just have to slow-down and write more clearly...and appropriate punctuation would help, too.

;-)

-- John D.

Edited April 11, 2007 by cloudcroft

[Ricky]

cloud provided excellent advise for all. When dealing with the VA it is the same as dealing with a military promotion board. We would all like to think that the VA really takes the time to review our claims so they know what we are saying or claiming. However, that does not happen nor will it ever happen. When your file gets into the hands of a rater the probability of it being simply scanned is very high. Your statements need to be clear, factual and to the point.

Having said that we Hadit peoples will take all the time necessary to clarify your issues so that we understand. So do not worry, just take your time and provide the most acurrate post you can. Someone on here will understand you and provide you with the needed advise to your problems. We be a team!!!!!!!

[Philip Rogers]

Tammy - I'm questioning your comment on Chap 35. Are you saying because they are grown they didn't get Chap 35??? Chap 35 can be awarded to dependents aged 31 and above with a waiver.

pr

[Tammy]

Thank you all for all your advice and the kind words of encoragement, and I will be more careful and slow down and be have more clarity with my responces or rather questions, like one of the gentleman stated this can make a person crazy and seriously I think it does...LOL Believe me I am educated but when it comes to the VA it seems like I turn into a crazy person. Its so disappointing because I have been working on and off with this claim since 79 and my mind is running 100mph and my tying at 1 letter a minute and it is hard to get out what I want to say because typically its after I have recieved a letter from the VA. REgarding some of the questions, or children are 27 and 20 and as a matter of fact my Son will be graduating on the 20th of April out of BASIC and he is graduating with honors we are so proud of him, he made all the discissions on his own to joing the service and if we had the money I would love to go to Fort Knox, KY to see him graduate I know that would mean the world to him. But, I said all that to let you all know that I am going to be writing a very detailed letter explaining exactly what is happening with us. Like I stated we filed an EED and also a CUE for his back that was broke in 79 and they would not give him anything for his back until 2003 which was 40% when he did leave the service he filed right away and they did give him 10% for a torn ureter and nothing for his back or any other problems, than in 2000 they did another candp exam and they gave him 0 percent s/cd on the urether and gave him 10% on the back so we did gain income but they did recongnize his back. But, I will write the letter alot better when I can expain things. When he did get 40% 2003 and several other s/cd disabitis including loss of the use of an organ his pensis and he got the Permant unemployablity the letter I wrote back after getting the 100% money rate with a disagreement on the effectived date on his back not nothing else but they threw everything into a earlier effective date...so now with the CUE that hasn't came back yet which will any day now. The VA states he never filed for his back within a year and he did and we have no proof it looks like they said he just filed a claim on his ureter and that don't make sense. Anyone who has had a broken back knows what a person goes thru and they had him back doing PT after 2 week convelesant and he was compaining than and its noted in the entrance and exit exam that there was several things wrong with him after he was discharged. You know all the x rays reveal broken or rater fractured and that is how it is stated on the report but the VA never states it that way although the Doctors notes do. I find that odd. I am going to try real hard to get a hold of the police dpartment to get the accident report in Germany and someone ask if he was in a civilain hospital and that is correct. Also this hasn't been sitting around I have always been active on this but there was a time span I let it slide for a couple of years because I didn't know the regualtions like I do now. The biggest or rather greatest fear I have is that they will take the away our income and we have just started to get on our feet But there is a statement that has been made twice in the statement of case letter I got a couple of weeks when they were denied the earlier effective dates on his injuries which I believe he has 6 injuries which are service connected, but in the letter in states "Consideration has been given tot he exta schedular provions of 38 CFR 3.32(:D(1)This case does not present such an exceptional or unusual disability picture to warrant referral to the Director, Compensation and Pension Service, because the evidence does not show a marked interference with employment or frequent periods of hospitalizations due to service connected condition as to render impratical the application of the regualr schedular standards. The evidence doesn to demonstrates that you have unfavorable ankylosis of the entire throracomlumbar spine which would not be idicative of a higher 50 percent evaluation. The evidence demonstrates that your lumbar spine remains consistent with a 40 percent evaluation based on the rage of motion.

What does that mean and is it bad I mean who is the Director, Compensation and pension Sevice? I Better stop and than I will do up my letter. Again thank you so much for all the answers and I am going to the websites the one with the infintry site he wrote and stated he could not help find anyone in my husband platton or anyone that might of been over there the same time he was, but I tried.

Bye everyone and have a good day today.

[Berta]

Tammy just to focus on the Chapter 35 question you had-

I am using the VA pamphlet 22-73-3 1993- Chapter 35.

If states what dependents of 100% P & T vets can get:

up to 45 months of educational benefits

extended benefits for dependents who also have served in the military

The pamphlet says the dependent must be between tha ages of 18 and 26 -yet extentions can be requested as Philip stated.

I am only familiar with the extension my daughter got due to her military service-the pamphlet says that "VA can extend your period of eligibility by the number and months and days spent on active duty.

This extension cannot go beyond your 31st birthday."

There must be more extensions but I dont know how they work.Not expalined in the pamphlet.

meaning-example- my daughter joined mil and served 7 years.They added those seven years to her entitlement but still she must use her Chap 35 before she turns 31.

There are also GI bill considerations too.

My daughter as a veteran with the GI bill and Chap 35 --- and your son might keep this in mind-if he has the GI Bill too--

can also use the GI bill for 30 months and then use Chap 35 for 18 more months.per the pamphlet-but I dont know how that works.

However someone in the Armed Services cannot use Chap 35 until they get discharged.

I go to a military school and 99% of the students are active Military-

if active military wants to begin their college education-

Chap 35 wont link in but other stuff does-

TAP I think it is called-

there is complete info on how active military can go to college as active military

Here is my school and maybe this info would help your son-he is earnning potential college credits already while in Basic-and might while in his tech school.

http://www.amu.apus.edu/index.htm go to financial assistance at top of the page-

"AMU students have several payment options from which to choose. Click on a selection below to learn more about ways to finance your AMU education:

Military Tuition Assistance

Veterans Administration Benefits, GI Bill, and/or Top-Up

Automatic Debit Plan (ADP)

APUS Scholarships

Credit Card or Check

Education Loan Programs

Federal Student Aid: How to Apply

Federal Student Aid: Fact Sheet

Employer Voucher or DoD Training Funds

Air Force Reserve Payment Process"

Edited April 11, 2007 by Berta