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Old 10-12-2003, 08:03 PM
dino
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Default Re: VA question

In article , Dave Gaither says...
>
>Some of you guys who were around before the storm may remember me. I
>appealled a VA rating descision about three years ago, and after battling,
>clawin', kickin' and cussin', it looks like no hearing will be required to
>get my % increased. My American Legion service rep sez the VA is increasing
>me to 70% for PTSD, 80% for total service connections and granted indivdiual
>unemployability benefits. Can anybody tell me what that is and also my rep
>sez I should sign off on any further appeals concerning the issue. Is that
>normal?? Thanks.
>Dave
>A 1/52 198th LIB
>Americal Division 69-70
>Under the Southern Cross


Dave,
You are almost there. The only thing left is P&T. Actually you may even have
it and not know it. If somewhere in the crap they send you it says that you are
permanently and totally disabled, then you are as far as you can go.
I've never heard of any rep asking anyone to sign off for further appeals. Any
rep who would ask you to do that is not a rep. DON'T DO IT!
You are now receiving 100% pay, but you can get more benefits if you are granted
P&T. You and your spouse can get ChampVA (medical care), free license plates,
no property taxes, free fishing and hunting licenses for life, free access to
Federal sites, half off on camping on Federal sites, and a whole lot of other
crap.
The WWII vets are dying off by thousands per week and the VA needs to keep as
many vets as possible in the system.
If you want more info, send me an e-mail at grunt46@hotmail.com

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  #2  
Old 10-12-2003, 10:52 PM
Mac
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Default Re: VA question

On Mon, 13 Oct 2003 0158 GMT, "Dave Gaither"
wrote:

>Some of you guys who were around before the storm may remember me. I
>appealled a VA rating descision about three years ago, and after battling,
>clawin', kickin' and cussin', it looks like no hearing will be required to
>get my % increased. My American Legion service rep sez the VA is increasing
>me to 70% for PTSD, 80% for total service connections and granted indivdiual
>unemployability benefits. Can anybody tell me what that is and also my rep
>sez I should sign off on any further appeals concerning the issue. Is that
>normal?? Thanks.
>Dave
>A 1/52 198th LIB
>Americal Division 69-70
>Under the Southern Cross

******************* ***************
Ask this so-called Rep to put into writing exactly why he wants
you to sign off on any further appeals.
Tell him you need to think it over.
HOWEVER, do NOT do it!!
Get his so-called thinking and then, if he actually puts into
writing his reasons, immediately seek out another REP.
Wherever you are, talk with some of the other veterans and get
some feedback as to which REP actually works for the veteran and
not the system.
Have this REP explain, in clear and concise English, exactly what
the unemployability benefits means to you right now, this coming
year, and down the road.
Ask him to explain exactly how much you can still work, part-time
((if you can)) and be within the parameters.
ask him to provide references to chapter and verse so you have
the information.
DO NOT SIGN OFF ON ANYTHING!!
Finally, who reviewed your PTSD status?
Are you in an area where there are Psychs who are NOT
part-and-parcel of the VA-System who are familiar with this?
You might wish to think of this.
See if there is a Veterans Outreach Group nearby.
Talk with them.
See what resoruces they have available: including counseling,
etc.
Again, DO NOT SIGN OFF ON ANYTHING --- and make the guy
carefully explain why he would want you to do so. And try to get
him to put it in writing so you "don't mess up understanding it"
and so you "know what he is talking about".
Good Luck
---Mac

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  #3  
Old 10-13-2003, 07:34 AM
dino
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Posts: n/a
Default Re: VA question

In article , Mac says...
>
>On Mon, 13 Oct 2003 0158 GMT, "Dave Gaither"
> wrote:
>
>>Some of you guys who were around before the storm may remember me. I
>>appealled a VA rating descision about three years ago, and after battling,
>>clawin', kickin' and cussin', it looks like no hearing will be required to
>>get my % increased. My American Legion service rep sez the VA is increasing
>>me to 70% for PTSD, 80% for total service connections and granted indivdiual
>>unemployability benefits. Can anybody tell me what that is and also my rep
>>sez I should sign off on any further appeals concerning the issue. Is that
>>normal?? Thanks.
>>Dave
>>A 1/52 198th LIB
>>Americal Division 69-70
>>Under the Southern Cross

>******************* ***************
>Ask this so-called Rep to put into writing exactly why he wants
>you to sign off on any further appeals.
>Tell him you need to think it over.
>HOWEVER, do NOT do it!!
>Get his so-called thinking and then, if he actually puts into
>writing his reasons, immediately seek out another REP.
>Wherever you are, talk with some of the other veterans and get
>some feedback as to which REP actually works for the veteran and
>not the system.
>Have this REP explain, in clear and concise English, exactly what
>the unemployability benefits means to you right now, this coming
>year, and down the road.
>Ask him to explain exactly how much you can still work, part-time
>((if you can)) and be within the parameters.
>ask him to provide references to chapter and verse so you have
>the information.


Dave,
It doesn't matter what your rep thinks or writes on paper. Your rep has
absolutely no authority to do anything other than to give you advice and submit
your paperwork to the VA. From what you are saying, your rep is giving you bad
advice, so why bother fooling with an idiot? You will only waste your time and
get more bad advice. When the VA sends you the results of their desision, it
will tell you what you can and cannot do. If you are getting TDIU
(unemployability) then it will either be considered P&T (permanent & total) or
they will give you a date for another C&P exam, usually a year or two down the
road. Most of the vets are getting their C&P exams delayed by at least 5 years,
so don't worry about having to go through all of that over again real soon.
Once you have been unemployed for 5 years, the VA will usually consider you P&T,
however if you remain employed you will have a snowball chance in hell getting
P&T.
Also you can apply for SSDI and use the VA proof to get accepted on their rolls
providing you remain unemployed. SSDI is a little tougher to get accepted but
there is an organization that a friend told me about which will go to bat for
you until you win.
When I injured my back, I had months to read up on this and to be honest, I know
more than the lazy VA reps do.


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