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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 injuries to every joint. I submitted a PTSD claim and it was moving right along and I'd already completed all C&P exams for it as well as the ones for another set of RFE claims the VA submitted for three other conditions (Migraines, TBI, Insomnia) that are still temporary ratings. Now, two of the three RFE claims show as complete and the VA website says they sent a letter; however, one of the conditions (TBI) got moved over to my PTSD claim and the status went from the exams being complete and in the last phase or so, with a projected completion date sometime this month to December! On top of that, the VA started a claim for "IU" on my behalf without asking me, so they also added the couple of VA forms required with the due date of 7/31/2020. The IU part might not sound bad, but I was already 100% (temporary unfortunately) without the PTSD service connection and I believe I made a compelling case for at least 50% of that, if not 70% as I met most of that criteria. So, I've always heard, read, seen in videos, and even been told directly that when someone is at 100%, albeit temporary, it's not wise to apply for TDIU since it pays the same AND the VA may then reduce other percentages. Also, as you know, it can be easier for them to later remove the TDIU classification for technicalities. Lastly, those forms are the worst part for me. I DO NOT want to have to fill those out, especially the one you have to bring to your former employer. My company was located off-base, so they never even observed my daily performance. The military supervisors who were over me have since moved on as it's been over a year. Finally, I usually burned up PTO to cover all the time away for appts and physical therapy, which they knew about, but as for PTSD issues I was going through, I sure as hell did not disclose to them as it was none of their business, super private, embarrassing, and I would have been worried about my security clearance! The only thing about canceling the IU is that I don't want it to look like I AM capable of pursuing "gainful employment." I would just definitely prefer to retain my 100%, which should be even stronger with a PTSD condition/connection added to my current list. What is your take on all this? Do you know if there's a way that I can have them close or remove the IU portion and the required forms? Besides not wanting to apply for that or do the forms, I also do not want this to hold the rest of my claim(s) up or give them an easier way to assign lower percentages. Any help would be much appreciated.
I looked on my ebenefits today and saw that on a "claim for military pay in lieu of compensation was updated/filed in July" Why would this have been filed? I did not file it, and I did not retire from the service. I did have a case that a Court of Veterans Appeals judge was ruling on and my attorney called me a few weeks ago and said the might be open to reviewing IU for me. Is this related possibly? How? I did get a separation payment when I left the service and the VA withheld all disability payments until is was all paid off. It took about 10 yrs but was satisfied. Since then I have received my monthly disability checks with no issues.If anyone can offer opinions about this that would be great. I looked just a minute ago on VA.Gov and see that the claim has now been closed. The purpose of it was listed as Verification of separation pay amount (New)..Does that mean anything to anyone? Thanks
Hi Guys, I am hoping you can give me answer to my IU claim. I recently was award 50% for PTSD, along with 60% for my eyes (particularly my left eye) and was bumped to 80%. I was sent the forms to apply for IU. I went to my eye doctor (who is board certified) and asked him to fill out another "nexus "letter. He is very familiar with the VA procedures, having worked at a navel hospital in the west. He was surprised and said "aren't you IU already". I told him no, that the V.A. had rated me 60% for my eyes he nearly fell on the floor. He said "this is wrong, you should be at least 80%, they really screwed up". So he write me two letters, to include in the package for IU. That was December 11, 2015. I received the BBE January 9, 2016, stating they rating me to 100%. They also said the following (and I quote) "A clear and mistakable error (CUE) is found in the evaluation of bilateral macular degeneration and bilateral pseudophakia, rated as residuals of left eye injury, and a increase of 80% is established December 12, 2014." A VSO person told me in 17 years he never seen where the VA openly admitted to a CUE. He said I should "frame the letter". Will I receive retro pay from the date as specified. The first page says $2,906.83 ( I have no dependents) states as of Jan. 1, 2015. Thanks for your input, and all your help. I speak for others, we would be lost without your guidance and input
Just got my e-benefits up and looking at the status it said it is in the review stage and they are saying they have all the evidence they need. So my question what is next for this claim ? Also if they are saying they have all the info they need, is this a positive sign.? thanks in advance