tdiu Tdiu Reviewed Most Likey Every Year

[kris]

Hi all;

I saw my (DAV) SO they other day and she told me that 80 to 90% of vets get reviewed every year if they are TDIU vets. Ofcourse after trying to rest easy for almost 2 months this put the fear of the VA back in my face. I am PT no future exams but she saif that doesn't matter.

I was turned down on my back claim with should of been a no brainer to the VA and my SO wants me to do an appeal. I could be wrong but what I have read on this site is if you are already 100% do not upset the apple cart and have the VA go back into your claims.

Your words help me through my whole process and mean alot to me so any input would be helpful.

Thank you for your time.

Kris

[john999]

That is not true. You will get a form from the VA asking if you have gone back to work, but not a C&P exam every year. Also, after a year of being on TDIU you should ask to be made P&T. If you are over 55 yuu probably won't get more exams. These ignorant VSO's make me sick.

[Testvet]

I agree with John they will send forms on income and then cross check with IRS otherwise you will probably be reviewed every 2-3 years at most until you have been rated for 20 years with the VA there is no such thing as a safe rating they can do a lot, but there are rules they have to follow to reduce you....

[Teac]

Hi all;

I saw my (DAV) SO they other day and she told me that 80 to 90% of vets get reviewed every year if they are TDIU vets. Ofcourse after trying to rest easy for almost 2 months this put the fear of the VA back in my face. I am PT no future exams but she saif that doesn't matter.

I was turned down on my back claim with should of been a no brainer to the VA and my SO wants me to do an appeal. I could be wrong but what I have read on this site is if you are already 100% do not upset the apple cart and have the VA go back into your claims.

Your words help me through my whole process and mean alot to me so any input would be helpful.

Thank you for your time.

Kris

Your VSO is telling stories. The VA does not actually review anyone with TDIU unless they find that a veteran has returned to work. The VA does require you to fill out a form every year stating that you have not returned to work, but unless you say you are working this does not trigger a review.

As to the appeal. Well let me put it this way I was rated 80% and TDIU in 1999. Since 1999 I have won 5 claims that resulted in two new ratings and three increased ratings. I was also awarded housebound. I am now rated 100%, but I still have one appeal pending and I just submitted a two new appeals concerning the effective date of my housebound and 100% ratings. I also have submitted a new claim for cataracts due to use of steriods for my service connected lung condition....

The va has never gone back and looked at anything that I have not claimed.( I am not saying they don't, I am saying it is unlikely that they would)

I think if you feel you have a valid claim you should submit it and see what happends.

I waited 18 years after discharge to submit some of my claims, don't do what I did, and lose out on compensation.

[john999]

Teac

Yes, if you don't file a claim even if it is an obvious agent orange type illness the VA will do nothing. When I had the AO Registry exam the doctor discovered two AO conditions. I did not know enough to file at the time. It was not until I actually filed the claims myself that anything happened.

[yoggie2]

I don't know much about this but I know one thing for sure, since my original injury of 40% the CFR has changed many times, had I fought my claim 13 years ago I would be P&T now, if I had known. Had I been evaluated with today's standards for yesterdays injuries I'd be 20%. But I still wanted to try and work and did well for years but as my injuries got worse and so did the rating criteria, it got tougher and tighter. Now that being said, with a record amount of claims for PTSD and more awareness to benefits I believe the standards will change and continue to tighten as will Laws and Criteria. Also believe that some type of implementation of a reevaluation standard will be set up for certain type of compensation claims to try to save money. Maybe not tomorrow but I put nothing passed the VA at this point. Just a guess, those of you who are 40+ years old that are TDUI or PT will not have much problems but that guy who is TDIU at 19 to 35 for PTSD will have to deal with this in the future, not to mention then they may check on those other injuries while they have you in there to pull you further away from a TDIU. Someone once told me 100% is a 100% and filing another claim offers the VA an opens door to re-rate other decisions...just my opinion

Edited June 1, 2008 by yoggie2

[Teac]

Someone once told me 100% is a 100% and filing another claim offers the VA an opens door to re-rate other decisions...just my opinion

And you are entitled to your opinion... but my experience tells me that veterans really don't have to worry about the va looking at your old claims when you request an increase in compensation or open a new issue. In fact in the many years I've dealt with the va I've never known the va to relook at every medical issue a veteran has simply because a veteran submitted a new claim or asked for an increased rating on one problem. In my case I have nine rated medical issues, the va doesn't have time to go back and look at everthing ever time I request a reevaluation or submit a new claim. Just think about how backloged the are now, and how much worse it would be if they did a relook ever time a veteran asked for an upgrade.

On and 100% may be 100% but there are SMC's that pay well beyond the 100% rate many veterans including myself would be out a lot of compensation if we were worried about the va looking over our stuff every time we requested an increase or submitted a new claim. Besides if your claims are valid then you have nothing to worry about.