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Showing results for tags 'TDIU'.
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Five year rule
slangpdx posted a question in VA Disability Compensation Benefits Claims Research Forum
As posted in these forums: 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. I was granted 70% SC for mental condition on Feb 18, 2011. Date of application was January, 2010. In either case it has now been over 10 years regardless of which date is used so SC status is secure, though rating percentage is not. I was granted SS disability in -
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
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Does TDIU get pulled once I reach the age of 67?
Wanderer posted a question in TDIU Unemployability Claims
A fella claiming to be knowledgeable said I will lose my TDIU which is P&T at age 67 because that's retirement age. I think he's full of BS. Has anyone heard this before? -
Help with TDIU Timeline and Case Questions?
rfkoshka posted a question in TDIU Unemployability Claims
Hi. I'm new to the VA process and was awarded 70% for psych issues last September (initial claim made 2010). I filed for TDIU, but VA rules for unemployability are a little different than SS's. I'm wondering if my case is strong or not, and if so what is the typical time it takes for a decision. My anxiety levels are extremely high right now because of this. Here is my short case history. 1995: Treated for psych issues in the military 2005: Long term disability from my employer for psych issues, finally terminated in 2007 2007: Awarded SSDI for those psych issues (have not been -
This is so exhausting, Granted 10 % in 10/2014 for Back injury lumbar strain I have not worked regularly since 7/2013 I have filed appeal for through ATTORNEY for ( increase rating with secondary issues and documented records left right hip pain neck pain sciatica left side chronic low back pain with muscle spasm and depression , TDIU many more ... I been on SSD since 11/ 2014 Just had my VA court hearing in May 2020 via ZOOM. I have 1000s pages of med report, Professional Expert Doctor Reviews What else can I do? advice welcome My chances of 100%rate increase or -
my saga 90% TDIU 8 years 7 back surgeries, 20% degenerative disc, 10% Radiculopathy, 70% stress disorder, 30% bladder During one of my later surgeries on my spine the operation went completely sideways. They were installing a spinal stimulator and it didn’t go well. When I woke up I was paralyzed from the neck down and bleeding internally at the surgical site. I had to be rushed back and reopened to rectify the screw up. After I woke up the second time, I regained most of my movement back except for the use of my bladder. I’ve never urinated naturally since that day and man do I
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If I file for tdiu while I have an appeal at BVA. It's still a legacy. I don't want to screw up my appeal so I have been waiting on it. So my question I guess is should I file my tdiu or wait till my appeal is settled -
I got a pretty good deposit in my account the day after the election. It didn't sit well with me. I figured they just screwed me again and the fight would have to continue. When I got the envelope the next week I read the decision and knew I was correct. I try not to let this stuff piss me off but it still does. Sometimes really bad. I have attached a copy of the rating decision. I have also attached a copy of a letter that I wrote to my congressman where I point out errors that I see. I have looked at the ebenefits letters. The commissary letter states " compensation at the 100 per -
I received 70% SC decision after an appeal with IMO in Feb 2011, Portland Oregon. The case has not been reviewed since then. I passed the ten year mark in Feb 2021 making the SC determination permanent though the rating percentage could still be changed. Reason was aggravation of high functioning autism (there was psyche “counseling” and a potentially dangerous med prescribed on active duty on a remote desert air base when I was 18-19 yo). Was awarded SSD in July 2018 on first try with no appeal needed, reasons were high functioning autism (same as VA SC award reason) and “poor impulse control
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I am currently 100% TDIU 70% PTSD 20% Back. I am on an ALJ appeal with social security. The judge has made a decision within 2 weeks of my appeal date. what are my chances that the letter is a favorable one. Thanks in advance
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HLR call about case, will I be taken care of?
kanewnut posted a question in TDIU Unemployability Claims
Got my HLR call Saturday. Yes, Saturday. Hard to believe that someone in the VA is working on Saturday. Good thing the phone displayed VA or I wouldn't have bothered to answer it. I submitted my HLR back on 2 June 2020. Her call was on 24 October 2020. 144 days. The VA will definitely not make their goal of 125 days to the decision on this one. I am not sure what she had looked at in my case, if anything. She wanted to know what I was disagreeing with. I explained to her about the CUE I had filed, all the trouble I had getting VA to accept it. I explained to her how the VA had requested C& -
I'm currently service connected at 70% for PTSD with alcohol use disorder and situational specific phobia. I also have a 50% rating for cirrhosis with hepatitis and alcoholic gastritis. During my claim, I listed PTSD as the disability that makes me unemployable but I was under the impression that VA would consider the combined affects of all disabilities. Is this not the case? If anyone has advise on how I should proceed, that would be wonderful. Based on the symptoms listed in the my award letter, is it even worthwhile to appeal?
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TDIU and Working
MileHigh posted a question in VA Disability Compensation Benefits Claims Research Forum
If I were to get a job where I was considered a Virtual Employee(with a big company) and Worked from my home. Is that considered a "sheltered environment"? Meaning would I get in trouble for working from home and make more than the poverty threshold? Thank you Scott -
Equitable Relief
UpToHere posted a question in VA Disability Compensation Benefits Claims Research Forum
I accept asknod’s points: 1. Only the Secretary can award ER. 2. There’s no way to appeal a *denied* ER petition. 3. There’s no way to file an NOD for a denied ER petition. 4. There’s no way to file a Writ at the Court. 5. ER is a one-shot deal that’s not appealable. Nevertheless, I have a question: When VA provides its rationale for denying a petition for ER, and a review of the record unequivocally demonstrates VA misstated the record, is there a way other than NOD, CUE, Writ, or, Appeal, to urge VA to revisit its denial? To put this question another w -
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 -
I am rated at 70%, 10% for each knee, 20% for right shoulder and 50% for Depression and alcohol abuse due to chronic pain. I also receive social security disability. Does anyone think I should try and get TDIU. VSO stated that I may get denied and even have my rating lower.
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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.
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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?
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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
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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
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TDIU strategy: getting approved for SSDI first
mb76 posted a question in TDIU Unemployability Claims
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. -
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
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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 -
Proposed Rating Reduction Questions
ThomasGray posted a question in PTSD Post Traumatic Stress Disorder Claims
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 -
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
