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TDIU - Permanent and Total

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Penelope

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I retired from the Post Office 4 years ago due to Chronic Fatigue Syndrome.  It was a regular retirement.  I left on my doctor's advice because I could not do the job and the stress was making my CFS worse.  I filed for SSDI and that was granted for CFS, as well as other issues.  Since that time,  My rating of 60% disabled for Chronic Fatigue Syndrome has been in effect for more than 20 years and I am 63 years old.  I think I should file for Permanent & Total and or TDIU, but am hesitant on doing so.  I tried to write up the paper work today, but it is so difficult to relive that time in my life.  I should also add that my VA doctor has written up letters over the 20 years with the same restrictions the entire time and stated that my disability and these restrictions were permanent and no endpoint was defined.   I was accommodated in my position until about 2007.  At that time, things changed and they no longer wished to accommodate me, as well as others.  They didn't want anyone there that had any type of restriction.  After more than 17 years in a bid and being accommodated for that long, the bid was abolished and it took more than 3 years to get a bid and an accomodation.  In that accomodation, I was told it was an accommodation of last resort and could be changed at any time.  They also abolished the occupational code, so I took a bid that I thought I had a chance that I could do.  It turned out that I was unable to do the bid and realized that I would have to start the whole process over again to find a job I could do and get accommodated.   That is why I retired.

I feel paralyzed and am not sure if filing this is the right thing to do or if I should just keep the 60% and let the rest lie.  I cannot risk my 60% rating.  My Chronic Fatigue Syndrome and restrictions are what lead to my retirement.  SSDI decision addressed the fact that I can no longer even do sedentary work.  The stress of even thinking about and following through on another VA claim is taking its toll.  I think that is why I have waffled on making this decision.

Your thoughts are appreciated.  Thanks for your time.

 

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  • Moderator

The VSO's and the VA would love your attitude.  They want people to "not apply" for an increase, because they fear a reduction.  However, you need to look at the reduction criteria.  Nowhere does it say anything close to "when the Veteran applies for an increase, do a reduction instead".  You either meet the criteria for reduction or you do not. If you did meet the reduction criteria, VA would have had to do the reduction before you had 20 years.  Now that you dont meet the criteria, its the best time possible to ask for an increase.  NOT ONE PERSON is any lower risk of reduction than you are now.  

I think there is a good case to be made that applying for an increase actually decreases your chances of a reduction.  Why?  Remember, VA has certain people assigned to certain tasks.  Some sort mail.  Others develop claims by ordering C and P exams, and medical records.  Still others rate claims, do DRO reviews, and someone else does reductions.  So, if yours is still a paper claim, rememeber there is only one copy.  So if your file is awaiting a DRO review, or triage processing it cant be in front of the reduction specialist.  

In short, find something else to worry about more relevent, like our country being 18 trillion in debt.  

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 I left on my doctor's advice because I could not do the job and the stress was making my CFS worse.  I filed for SSDI and that was granted for CFS, as well as other issues.

My Chronic Fatigue Syndrome and restrictions are what lead to my retirement.  SSDI decision addressed the fact that I can no longer even do sedentary work.  

The crazy one here, in quoting your own post you were granted SSDI based on your CFS. With that being of records, it would be hard for VA to try to reduce your rating plus the 20 year protection rule .  You left work due to your doctor's advice/recommendation.  I totally agree with Bronco, scare tactics are why a lot of veterans lose out on benefits that they deserve. I also agree with Pwrslm, if your conditions are that severe you should be rated 100% scheduler and not TDIU and you should be P & T. 

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Thank you so much for your comments.  I will admit to being my own worst enemy at times.  The schedular rating for Chronic Fatigue Syndrome states that the symptoms are nearly constant and sometimes precludes self-care.  In my case, I have always been able to take care of myself, sometimes not the best, but I don't require outside help.  My husband and my son and I manage to keep the house going and get things done.  That is why I don't think I qualify for a schedular 100%.  The rating for Chronic Fatigue Syndrome jumps from 60% to 100%.

Do you file P & T as well as TDIU or should I file P & T alone?  Is there a VA definition of self-care?

 

Again, thank you for your thoughts.

 

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  • HadIt.com Elder

Just my opinion

I think  lot of veterans are just so happy they got an award of any type of compensation and is un aware to ask for an increase and think that TDIU P&T is as for as they can go  so they never think about being in a combined rating  or a scheduler rating of 100% P&T  they know it pays the same  so why go fishing for more.

having a Combined rating of TDIU P&T is not a better rating than being 100% scheduler rating but yes it does pay the same  but if your TDIU that means you can't work and 100%you can  

And with both ratings  of TDIU OR STAND ALONE 100% a veteran that  has another disability come up after so many years  he/she can file a new claim on that and possibly get to a higher rating with what they are currently rated  and if they get a 50%or higher rating the VA is suppose to inferred the veteran to a SMC Rating  and when this happens it means more $$ per month., or a secondary claim to their already sc disability.

So with a 100% rating an a increase of 60%on another disability or secondary to what they have currently  if they can get to a 160% rating  then they qualify for SMC (Special monthly Compensation.)

its never easy to get there but it can be done.

.........Buck

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  • HadIt.com Elder

I have had a 90%combined SC Rating and given the TDIU P&T because my disability keeps me from working,  I have had this rating almost 14 consecutive years now.

I am 63 1/2 years old. with out the chance of getting YOUNGER  eh!

I been recently diagnosed by the VA for DSM5  PTSD with Unspecific Depressive Disorders....so I am filing a claim for it  and hopefully get it SC and a rating...I fall under the 50% to70% rating according to my symptoms but that is for the VA to Decide and its up to me to Appeal there rating if I feel its to low..I'm currently still in'' gathering of evidence'' phase and waiting to see if they send me to a C&P....

I know I have a hard hill to clime because this  has been going on with me ever since I got of the military  I been in denial a lot of years and finally came to my seances about it....and got checked for it  ...

 

...............Buck

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