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  1. I just found out the VA made a decision on a supplemental claim I filed only a week ago concerning a now 30-year-old claim. The matter involves an earlier effective date for TDIU to match the recent grant of an earlier effective date for service connection for GAD. They denied the EED for TDIU based primarily on the now-defunct date of service connection for GAD in 2017 so I sent them that decision along with evidence supporting my inability to earn a decent living for almost thirty years. I averaged over that time, $6000 dollars a year. How much consideration went into records that support a retroactive rating the same as my current of 70% I don't know but most of the supporting documents are long-gone. I made the unavailability of those records as a part of my argument as I was granted the EED for service connection for GAD under 38 cfr 3.156(c) where service records are added to your file later on that prove your case. Nervous because they decided so fast - 7 days. Has anyone else had such a lightening-fast decision and if so, how'd it go? Disclaimer: I understand I only have to wait a few days for an answer but I'm now caught in that guessing frame of mind that won't abait until I found out.
  2. I just had my appeals hearing with my ALJ I presented her that I am 100% TDIU PTSD 70 Back 40. I have a caregiver as well as my mental health doctor who wrote her opinion that I cannot maintain employment. What are my chances for a favorable decision. Thanks in advance
  3. Hi, Last week, I was awarded P&T TDIU for a claim that was previously awarded 70% mental health disability rating. Should I now appeal the 70% mental health rating? The word "total" is difference between a 70% and 100% mental health rating, as I read the information. Is P&T unemployable possibly considered as a 100% disability rating? Thanks
  4. Was approved for TDIU ON FEB1, 2021. I am having issues getting any straight answer from the VA as to when i will receive my pay raise and retroactive pay. I spoke with the fiduciary hub today and they told me that the funds were approved for release on Aug 17Th, and now its up to the Appeals Management Center to do whatever it is they do to make the deposit happen. does anyone know how long THAT could take, or did i just get another canned answer? Any advice, encouragement, or the number to the AMC would be greatly appreciated. Everyone i talk to have said that i shouldn’t have waited this long. thanks!
  5. I am permeant, total, IU 100% for several years now, I'm no 70w years young . I have heard somewhere that I could get a TSA number for myself & spouse at no cost, if I have a Commissary Letter, but I don't know if that is the way to go since there has been changes to eligibility to commissary privileges. I have online eBenefits Premium, not sure if that will help. Traveling from Boston to Hawaii mid February/2022. Where would I go if I have to go the commissary route - there is a Hanson AFB here near Boston. Thanks & Mahalo
  6. So I got my decision letter a week or so ago. I was denied increase fro 70% PTSD to 100%, due to me not meeting the criteria for 100% according to the CFR. I was also denied TDIU because my former employers would not send back the 21-4192. I had an appointment with my local VA office and they were clueless. They stated that since it was my responsibility to ensure that the 21-4192 were returned, and the employers didn't return, that is why my claim for TDIU was denied. However, So, the question is, what's the better option? Should I appeal the decision, or should I open a supplemental claim? I have also read that if the 21-4192 is not filled out by the employer, it cannot be used negatively against the veteran in the decision making process. How should I proceed? Thanks, Kevin
  7. 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 unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced. If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists" At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review. NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected. ------ Example for 2020 using the same disability rating 1998 - Initially Service Connected @ 10% RESULT: Service Connection Protected in 2008 RESULT: 10% Protected from reduction in 2018 (20 years) 2020 - Service Connection Increased @ 30% RESULT: 30% is Protected from reduction in 2040 (20 years) 2022 - Service Connection Increased @ 50% RESULT: 50% is Protected from reduction in 2042 (20 years) ------- Second example for 2020: Example of protected percentages: • A Veteran gets awarded @ 30% in 1991. • The Veteran files for an increase and is awarded 70% in 2004. • The Veteran files for and is awarded TDIU status in 2005. --------- RESULT: In 2001 (10 years), the condition's service connection is protected. RESULT: In 2011 (20 years), the 30% is protected from reduction (except for fraud). RESULT: In 2024 (20 years), the 70% is protected from reduction. RESULT: In 2025 (20 years), the TDIU is no longer monitored yearly for income and is protected from reduction. In addition, the Veteran is automatically P&T. For clarity on the 5 year rule: This says the VBA must have proof of sustained improvement. An example might be when a Veteran has a mental health condition yet does not go to a psychologist/psychiatrist. Or, if the Veteran never has his service connected back status noted in the current medical records. Those situations would suggest a sustained improvement because the Veteran did not seek treatment or therapy or at a minimum get a current status noted in the medical records.
  8. Hello everyone, I have a quick question concerning TDIU. My last employer terminated me because of my service-connected disability. If approved for TDIU, will the VA back pay me to the date that I signed the TDIU form and submitted my claim, or will they back pay me to the date that I put on the TDIU form that I last worked? My VSO initially told me that I would be paid from the date I last worked. Then on another day he told me that I would be paid from the date I submitted the claim. So I just want to get the correct answer. Thanks for any replies.
  9. I swear I looked in the pinned post, but I guess I didn't see anything, or it wasn't clear. I am ready to file a claim for TDIU. Currently at 90% combined with 70% of that being PTSD. So, I meet the 70/60/40 rule since one of my ratings is greater than 60%. Also, I have been fired from 2 jobs within the past year, and most recently, it was due to (my thoughts) my PTSD (we have filed a complaint with EEOC for that as well) because I missed too much work for doctors appointments and such. Background out of the way now... Is there a "How to file TDIU for Dummies" guide somewhere around here? Last claim I filed was on ebenefits, but as I understand that has now moved to VA.gov? I need to know where to start. I already have all my civilian medical records, I have letters from doctors/friends/family stating how it impacts my ability to work. I do not have a vocational letter (is this needed?). I need to put myself out there and go ahead and call me stupid, but where do I start? Thanks, Kevin
  10. I swear I looked in the pinned post, but I guess I didn't see anything, or it wasn't clear. I am ready to file a claim for TDIU. Currently at 90% combined with 70% of that being PTSD. So, I meet the 70/60/40 rule since one of my ratings is greater than 60%. Also, I have been fired from 2 jobs within the past year, and most recently, it was due to (my thoughts) my PTSD (we have filed a complaint with EEOC for that as well) because I missed too much work for doctors appointments and such. Background out of the way now... Is there a "How to file TDIU for Dummies" guide somewhere around here? Last claim I filed was on ebenefits, but as I understand that has now moved to VA.gov? I need to know where to start. I already have all my civilian medical records, I have letters from doctors/friends/family stating how it impacts my ability to work. I do not have a vocational letter (is this needed?). I need to put myself out there and go ahead and call me stupid, but where do I start? Thanks, Kevin
  11. I received a VA Rating Decision Letter. I had applied for TDIU. I'm 50% PTSD, 30% cancer residuals, 70% total. I had been sent to several C&P exams. The letter says my PTSD Rating is continued as is, even though I think it should be more. At least they're not reducing it. That won't matter if I get TDIU. The rest of the claims are deferred, including TDIU. It says, "deferred for the following: VA examination." Does that mean their examination of the claims to see if they will grant TDIU? It says, "Entitlement to individual unemployability is deferred." So, I don't have to do anything but more waiting, right? Anybody know how long I'm looking at, and what my chances are? If they deny me, the first thing I'm going to do is call an Attorney.
  12. Good afternoon everyone, I was hoping that someone more knowledgeable may be able to provide input on my claim. Im currently rated a combined 90%, 70% PTSD w/alcohol use disorder and 50% cirrhosis. I haven't been able to work since 2017. I filed a claim for TDIU but VA rejected the claim after my C&P so I retained an attorney. I then had a virtual assessment with a licensed psychologist who assessed me and wrote up his findings. My attorney filed a supplemental claim and included the letter from the psychologist. I received another rejection from VA stating that the doctor's letter "does not constitute relevant evidence because it does not prove or disprove a matter at issue within your claim." If someone can clarify this, I would greatly appreciated. I'm not quite sure how that information would not constitute relevant evidence. My attorney then submitted an HLR which was also rejected. Last week, he submitted a new supplemental claim and added a letter from a vocational expert. I'm just concerned that they may not review this letter since they did not take the last one into account. Does anyone have any input, advice, tips? I'm beyond desperate at this point. Pysch IMO C&P Exam Rating Decision Vocational Assessment
  13. Instead of answering in this thread, please answer this thread in the IMO forum:
  14. Hello all, I was wondering if the VA should automatically review a claim for TDIU once you hit 60% or more? I thought I heard on a Hill & Ponton video that that's the law. I was going through my old 60% VA award paperwork from 2001 and saw where they wrote that I was not qualified for unemployability yet. I had 40% on my lower back, but was only a total of 60% at that time. Therefore, not qualified. However, I looked at my 70% award paperwork from 2002 (my current rating) and didn't see any mention of consideration for unemployability, even though my percentage qualified me for it and still had my lower back rating at 40%. I'm getting ready to file TDIU paperwork and was just wondering about that. Thanks to everyone that replies.
  15. My vocational expert wants to use my yet-to-be created IMO but my IMO doc wants to use my yet-to-be created vocational assessment. What should I do?
  16. After almost 6 years, all I get a rating increase. Thanks for all the input on my prior thoughts. WTF I'm not able to work, only rely on my SSD and 10% rate. Poverty level. What chances of a 50% increase at minimum?
  17. So, have been appealing TDIU claim and unsure as to why they keep denying (waiting to see on BBE) but I am about to file an almost sure thing secondary claim for my other knee. Based on my ROMS and things, it seems I should receive at least 30% if not higher. Between that rating and bilateral factor, that would put me at 100% schedular. The thing I am wondering is: If I get the 100% schedular, does that now make my TDIU claim moot? It has been about a year since I started the TDIU claim so I would hate to lose back pay. But, I am unsure how this would work? Any one have this scenario before? I feel like its still a separate claim.
  18. So I found out that my TDIU P&T was approved. i have a few questions. 1. Can I get champ VA for my depends (son and parent) 2. Can I work for my aunt if the job is a Sheltered Employment, or does that not apply since it is permanent? 3. Can I get a home and not have to pay taxes in Florida? 4. the back pay date just says N/A, when will it post? This concludes all of my questions, thank you.
  19. Hello, I am currently 70% TDIU (since February of 2016). Apparently the VA changed me to a Permanent status (am eligible for CH. 35, ChampVA, and dental through the VA), I was never sent anything saying Permanent and Total or eligible for Ch 35 etc. I found out last month when I went to get plates for my new vehicle and they contacted the county veteran's office who told them I was permanent (saying nothing but total). I talked to the county veterans office and they had me fill out an app for Champ VA because they saw in the VA's systems that no further exams are required and they wern't sure if it was P&T or just permanent. Ebenefits letter says not permanent and totally disable. Today I received a letter from the VA with my benefits and ratings and where it would say about being Permanent and Totally Disabled it says "Are you considered to be permamentally disabled due to your service connected disabilities: Yes at 70%. So I have established ChampVA/CH 35, dental etc eligibility. But does that mean I am P&T? DO I qualify for ID card, space A travel etc? If not P&T from my understanding the VA doesn't have just a permanent its either P&T or not, and also wouldn't be eligible for ChampVA, dental, or ch 35. Any help is appreciated. Semper FI
  20. So i just finished my C&P for tdiu/increase last week. Everything went well, "can't hold job due to service connected symptoms etc".. Now they're saying "We have requested copies of your disability medical records from Social Security." I just contacted social security and they have no records for me, because I never filed for social security. I'm worried about them denying me because I never filed for social security. Should I be worried? Is this normal?
  21. I am 90% and going for IU and the 2 biggest 70% PTSD and 60% back and legs were within the last 18 months so will they send me back for all the different C&Ps for each condition also tinnitus and hearing too. Thanks
  22. I am very confused by what I am seeing on va.gov. Has anyone seen these kinds of things happen and what were the outcomes? or your best guess? Sequence of events: Mar 2021 - Submitted IU package with Vocational Assessment etc. Mar 2021 - Submitted FDC for Migraines Mar 2021 - VA Accepted claims and combined them. "closed" migraine claim. April-May - C&P exams (None for Migraines) Today - See Migraine Claim opened with yesterdays date for last updated / IU closed with date one day after submitted. No other updates in ratings or letters. Thoughts: (1) Could be the system is just catching up and I still have a shot at IU, but why would they now de-couple the migraine claim. My original thought was they combined the two because the migraine claim would be moot if IU was approved. or.. (2) They have denied the IU and have went back to processing the migraine claim? Also, will VA still process new claims/increases when U have IU? Thanks!!
  23. I was wondering who approves/denies TDIU claims. Is it VARO, BVA, or director of compensation? The director of compensation approved my disability as extraschedular. Does my disability being rated as extraschedular help my case? I also have 2 c&p examiners that say it affects my ability to work. Thanks for any answers.
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