avatar Posted December 1, 2008 Share Posted December 1, 2008 just wanna ask anyone ,"Is it clausable that these benifits are for ever?" or is it a patch,a temporary fix, I been on IU and SSDI since 2002 VA payed me back to 1998, Is it gonna end? when am I gonna get the C&P? Is that designed to cut you off? CAUSE IT SURE SEEMS LIKE IT TO ME not trying to burst any bubbles but I"am really concerned..you know if they want they can say you can work selling news papers...what is in store around the corner what is the rule thumb? is it posible to never get a C&P? really I'am new to this..the C&P thing seems hostile are they really out to cut us off? Link to comment Share on other sites More sharing options...
Moderator broncovet Posted December 1, 2008 Moderator Share Posted December 1, 2008 Nothing lasts forever! Yes, if your C and P examiner says you have improved, then you could loose benefits. There is a procedure they are supposed to follow for a reduction..however, since the VARO is the "wolf guarding the hen house" the VARO decides if they followed that reduction process or not. That is, they can say, "there are the same number of chickens here that was here yesterday" even if they have chicken blood on their face, and, sure, you can appeal. My NOD was "interpreted as a claim for benefits" so now the wolf says there are no missing chickens. There is no accountability in the VA..THEY decide what is a NOD and what isnt. It will help if you are over 55 years old. They arent supposed to reduce your rating if you are. However, always remember, they are gaurding the hen house and they decide if they are following regulations or not. Link to comment Share on other sites More sharing options...
avatar Posted December 2, 2008 Author Share Posted December 2, 2008 Your award letter awarding you IU should indicate when you will be re-examined. Have you received notice of an upcoming C&P exam? I have had IU and SSDI for the past 28 years, so it is possible. There are time periods, 5 years, 10 years and 20 years, when it becomes more and more difficult to reduce by the VA. Someone else will have to explain what happens at those time periods. The only one I know real well is the 20 year mark when the VA is not supposed to be allowed to reduce without showing fraud was involved in the original rating. I don't believe that the VA can reduce IU as the result of only one exam at five years and without showing a documentable improvement in your condition. Having said that, an attempt was made last year to reduce my disability compensation to my schedular rating because I did not return the 21-4140 employment questionnaire. I found out by accident that the reduction was going to take place less than a week later. The regs say that I am not required to fill our and return one. I informed them of that fact but they would not acknowledge their own regulations. I sent them copies of the regulation. Didn't make a damned bit of difference, so I finally faxed them a filled out copy of the form and no reduction happened. Read broncovets post again and take heed. Nothing is permanent. They own the ball, the playing field, the refs, the fans and the rules. Be pro-active and give them no opportunity to reduce. Go to your appointments, take your medications, and discuss your disability with your PCP occasionally. In the latter, occasionally inform your PCP of the negative impact has on your life including how you still cannot work. You can ask that your PCP Keep copies of your medical records up to date. If you notice something inaccurate and/or incomplete, mention it to your PCP and ask that they clarify the entry. Most are honest, overworked, but honest and should agree to your request. Also, keep your copy of your C-file complete and up to date. Stay a member of hadit and check out Jim Strickland's explanation of IU on VAwatchdog.org. You will learn a bunch. Good luck Thank you so so much Dan (avatar) Link to comment Share on other sites More sharing options...
JON Posted December 2, 2008 Share Posted December 2, 2008 I have been on TDIU a little over a year. Like everyone says, you may be recalled for exam and yes maybe lose the rating. I also was awarded Social Security Disability after a year and a half fight (very short). My wife doesn't work and we count both of these as our only income. I, too, worried about losing one or the other. My advice to you is this. All this worrying aggrivates your condition and your well being. My advice is to put the worry on the back burner and try to do something you like for yourself: fishing, camping, traveling, reading, even watching old James Bond movies. What ever happens happens. We have no control over it. Try to enjoy the rest of your life and relax. Take care. Link to comment Share on other sites More sharing options...
HadIt.com Elder rentalguy1 Posted December 2, 2008 HadIt.com Elder Share Posted December 2, 2008 What ever happens happens. We have no control over it. I'm sorry, Jon, but I totally disagree with that statement. We have complete control over what they do with our ratings. We HAVE to continue seeking medical care for our disabilities. We HAVE to continue to order our prescribed medications for our disabilities in a timely manner. We HAVE to continue to send in the employment forms in a timely manner. We HAVE to know the current status of our disabilities, as well as the current rating criteria. If we stay on top of all these things, then they cannot take our ratings away because they will have no ammunition to use against us. We have to stay one step ahead of them at all times. That does not mean that we should spend every waking hour worrying about it. It means that we need to empower ourselves so they cannot turn our lives upside down. Link to comment Share on other sites More sharing options...
carlie Posted December 2, 2008 Share Posted December 2, 2008 (edited) rental, Very good post. jmho, carlie Edited December 2, 2008 by carlie sp Link to comment Share on other sites More sharing options...
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