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  1. Asking if a TDIU filing can be rescinded by the vet before a ruling. No editorial comments please, just asking for a yes or no from someone who knows for sure.
  2. i just got 100% disability and i am trying to find out where to get a card or is there a card that will show i am 100% disabled. do i need this to use the commissary?
  3. The 5, 10, 20 year rules... Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary. Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped. Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating u
  4. Hello all. First I would like to say the information here has been very helpful with me being able to understand the VA claim process. I've been a reader of this forum for a while have have learned a lot from reading all of the helpful information here. Thanks to all of you who help and guide us veterans. I was awarded 70% ptsd back in February to give me a total rating of 80% with other injuries I have. Had a ptsd c&p exam beginning of February and was awarded couple weeks later. In April I submitted a claim for tdiu and was sent to another ptsd c&p exam by a different doctor in
  5. I have had 80% total and permenant TDIU for nine years. I see recommendations to continue until 100%. I really do not want to deal with it unless there is a benefit for my wife. Regrettably, It is really stressful to deal with it. Thank you
  6. I know that SSDI for SC disabilities means near automatic approval of TDIU but not the other way around. Does that mean that I should try to get SSDI first? If so, do you know of any good SSDI resources and forums? Thanks.
  7. I need some guidance or suggestions from the experts. I am currently at 100% schedular (temporary, not P&T). My higher Service connections are: Dermatitis with Psoriasis (also claimed as psoriasis guttate, eczema/dermatitis) = 60% Migraine including migraine variants - also claimed as decreased concentration = 50% Residuals of traumatic brain injury (TBI) = 40% Insomnia disorder - also claimed as sleep disorder and insomnia 10% and a dozen other 10% ratings for tinnitus, arthritis, degenerative disc/joint disease/lumbar spine, and as well as i
  8. Not sure if this is a dumb question or not. I was rated for TDIU in July 2020, effective 2014. I have an appeal on another claim from 2015. Does going to an exam to get rated for your claim even matter? I’m asking because I have an exam with VES this Wednesday. I’m currently rated at 80% combined. If VES exam results in positive outcome, should receive 70% for depression and anxiety as recommended by IMO doctor report and his DBQ. I’m just wondering if you would still receive backpay if you’re already rated at TDIU level. My brain says no because I’m being paid at high
  9. I have the 21-8940 filled out (Vet application for increased compensation based on unemployability). The VA letter I received says to include the 21-4192 with it, IF POSSIBLE, completed by the employers identified on the 21-8940. Why does it say "if possible"? Do they want it or not? I'm not sure I can even get my former employers (3 of them between 2012 and 2017) to fill one out or even exactly where to send it to them to fill out. Can I just send 3 forms to the VA with the name and contact info of each of those three employers? Do they HAVE to have the 21-4192? Confused
  10. First off, hello and thank you in advance for any help that can be provided. Also, I apologize if something is not clear, trying my best to keep things concise. On Friday, May 15, I received letter from the VA, dated May 11, proposing a rating reduction from 100% to 70% for PTSD. The only evidence for the change listed is Rating Decision - Narrative(17SEP18) and DBQ PSYCH PTSD Review(06MAY20), whereas on my initial decision letter there was an abundance of evidence used. The major takeaway appears that my medical records(both prior to and after the initial rating, also from VA facilities
  11. I submitted a requested for individual unemployability on 7/26/2020. I have 2 service connected disabilities (one at 70%, the other at 50%). I listed the 70% disability as the one making me unemployable. I attended my C&P exam on Monday, 8/10/2020 and as of yesterday, my claim was in the "Gathering of Evidence Stage." This morning my claim was in "Preparation for Decision" and it is now in "Pending Decision Approval." I did not submit the VA Form 21-4192 Request for Employment Information form with my claim. I called Peggy today and they said that they did not see where the VA had req
  12. My question is how the VA looks and keeps track to TDIU vets who are over 70 years of age? I am P&T for the last 18 years. I am officially housebound. Is VA still checking up on any earnings I might have via SSA or IRS? No chance of me getting 100% schedular unless I get a lot sicker. I am 90% with TDIU now. Not that I intend to try to work. I have only passive earnings from investments. Very lucky in that regard, but it took almost 40 years to get there. Don't let people tell you how to get rich quick with hot tips and fantastic business deals.
  13. After 20 years, my fight is over. On May 20th, the BVA granted my 100% Unemployable claim. I have been patiently waiting since for news. A few minutes ago, I hung up with Peggy to find out, just hours earlier it has been closed and sent up for higher approval. I am so excited. I just want this over and done. I know my years are going to be screwed...REAL SCREWED, but honestly...I am just ready to be done. I have had DOZENS of failed VSO's. Many who never did anything and let timelines drift by. I never gave up. Never surrendered! I offer this advice to others fighting...DO NOT GIVE UP!!!!!! So
  14. Hello Vets Its been 5 years since I filed my appeal. I am still at 10% sc and I am asking for a rate increase and or TDIU. Since my initial decision my back issues have gotten so much worse. Constant pain in low back with muscle spasms. and now I have neck issuses causing my Right arm to go numb during sleep and throughout day. Opinions on my outcome Anyone have similar problems or can relate to my story. I'm on SSD for 5 yrs as well. One month after I was granted VA comp at 10% I was awarded SS disability unable to work.
  15. file:///C:/Users/dantr/Documents/VA Individual Unemployability Tips For Filling Out the VA Form 8940.pdf
  16. P&T (Permanent & Total) Status • You can be 100% IU (Individual Unemployability or TDIU) with or without P&T status • You can be 100% schedular with or without P&T status. • You must be either 100% schedular or 100% IU to be P&T. That is what the 'T' is for (Total) • P&T=Permanent & Total which gives you no future reviews (unless you request one by filing a new compensation claim or filing for an increase) and more benefits for dependents including dependent education assistance (Chapter 35) and if not Tricare eligible, healthcare through CHAMPVA.
  17. Recently awarded 70% for Bipolar Disorder, granted TDIU, proclaimed P&T, with correct claim date determined. I must Thank all of you for keeping my hopes alive over the years, when darkness set in. I must publicly thank Bergmann & Moore, LLC of Bethesda, Maryland, for without their perseverance and capabilities, I would not have had any measure of success. Professional in every way imaginable. I can not say enough about their latest hero, Fatima. Fatima, thanks for being rational, thoughtful, knowledgeable and thorough! Mr. Bergmann and Mr. Moore, you two rock!
  18. Do they qualify for a retiree ID? Do they qualify for PX & Commissary privileges? Do they qualify for state benefits for being rated 100% P&T? Even if their DD-214 states Other Than Honorable?
  19. Are you having trouble with a TDIU claim, TBI claim or any old claim that was never developed or decided? I posted this earlier on Tbird's question, "Unemployability and Working in a Sheltered Environment...?" Just received an example of this in a decision by the Executive Director, Compensation Service which I will attach after redacting. My part time employment from September 1987 to September of 1990 consisted of working for a CPA business manager of a now deceased movie star. (Egg and I actor as a hint). The job was a 20 hour per week job by the previous employee which I
  20. For example: a veteran with PTSD works for a family friend’s business. The family friend provides the veteran with an office and duties that afford limited interaction with other people. The veteran’s salary pays his bills, and is over the current poverty threshold. Because the veteran’s job has been tailored to his individual needs (limited interaction with other people), his job is considered to be sheltered, and therefore falls under “marginal employment.” The VA cannot consider this job as being substantially gainful employment, and must not use it against him in determining IU. https
  21. I’ve done the VA claim-bit on my own. I don’t know if this is a mistake or not. I went to a c&p exam recently. I left somewhat confused. I never had a doctor tell me directly that she was recommending an increase as well as IU. She said though it was ultimately up to the rater. I don’t have her report because 30 days has not passed. I was at 50% for ptsd and 10% hearing loss. During the appointment the c&p doctor quoted a couple other reports where VA doctors I’ve seen at various clinics said that I had “long term, chronic and severe...” (Don’t want to get into the what). I find
  22. Hello Hadit Helpers, I feel like I am stumbling around blind. I hope someone can help me see. I was service connected in 2011 severe anxiety due to mst and a bladder condition. I have not had gainful employment since ETSing in 2004. I was re-evaluated for an increase and received an overall 70 - 40 -10 but started being payed at 80% in 2016. In June of 2019 I applied for TDIU. I hit the make a decision now button on ebenefits, which was like shooting my own foot for lack of patience, not realizing that this meant the VA could not request any further info from me. In
  23. I have recently learned that I my be eligible for a grant from "Monetary Trust Fund", would this cause issues with my TDIU?
  24. I filed for tdiu and ptsd claim in Oct of 18, I didn't have all my medical files lined up and was given service connection for unspecified anxiety at 30% in March 19, and denied tdiu for failed scheduled rating needed and they mentioned that I had work experince and helped for a year with my niece , weird mention in the paperwork for why tdiu was denied but whatever. So I filed supplemental claim in april and had a highly regarded univeristy brain department and psychiatrist department diagnosis me for ptsd as a referral from the VA. So boom got another c&p in June and was given 70 % ratin
  25. Those who are smart concerning SMS' s do you know.... Lets say a veteran has a TDIU rationg for a back injury. Then at a later date is awarded a 100% rating for a totally different issue, so because he can't be rated 100% schedular and TDIU at the same time the TDIU is revoked. The same veteran has a seperate single 60% rating, and is awarded SMC L 1/2 or Aid & Attendance. The same veteran has additional ratings that alone combine to 60%. Under Bradley V peake TDIU can still be Considered due to the possible award of SMC... So Now lets say the veteran is rated 100% with SM
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