KGarrison

No, I haven’t worked since 2017 when I had my seizure. Thanks for all the info!

No, I haven’t worked since 2017 when I had my seizure. Thanks for all the info!

Ok, thanks. I’m an Air Force pilot retiree, and a medically retired airline pilot. I had a massive seizure 6 years ago and now have epilepsy. Anyway, the reason I’m pessimistic, is because in conjunction with the TDIU claim, I had re-evals on everything previously awarded. On the CFS re-eval, the VES examiner said I didn’t have CFS (or it couldn’t be confirmed) based on not enough objective evaluation, even after a couple sleep studies followed by a whole day of daytime fatigue evaluation. Then, for the rest of the 6 page result, she contradicted herself by saying “yes” to questions about that issue getting worse! She did it over and over again! So, I hadn’t thought another eval could be good news, only bad!

My TDIU award states “entitlement to individual unemployability is granted effective Aug 29, 2023. Basic eligibility to Dependent’s Educational Assisted based on permanent and total disability status is granted effective Aug 29, 2023.” Also, “Evidence we have used to grant permanent and total disability status includes….” I have an attorney, who is great and will guide me through, as he has, but I just looked up the definition of P & T, which was written on a another VA disability attorney’s website, and it states: “Once a 100% rating is given the status of Permanent and Total, it cannot be changed in the future. The VA does not require regular reexaminations of Permanent and Total Ratings, and the veteran can expect to receive the full benefits of a Total Rating for the remainder of their life.” Seems the VA tries to confuse veterans, and doesn’t follow their own regs.

I was awarded TDIU with a 40% rating for constant fatigue syndrome (CFS), and 80% overall. The TDIU award increased almost everything that had previously been awarded, but stated the 40% CFS award was deferred, even though it was awarded 2-3 years ago. I just received an email from VES stating I “may” be required to attend an appt regarding that rating, and I’ll hear from them soon. I was over 55 when all the ratings were rewarded, but I read that the TDIU award can require reevaluation no matter what. Some of the videos I’ve seen made by retired “raters” say the VA can’t required another evaluation for an issue previously awarded, that award is protected if you’re over 55, and I should call them and say they can’t reevaluate me, and I should say I’m not going. Anyone?