tdiu Got Tdiu -Now Letter They Are Trying To Take Away

[atlaturne]

I got TDIU some time ago(as I should have)I was an attorney by former profession-I was sent questionairre @ whether I had worked in last 12 months-I do what I have to do to maintain my license -CLE education,etc-also/ I did a will and maybe one other matter-very low income-less than 9000$ or less in one year maybe I did not fill out form correctly-I dont know how to answer the question in that I am still an attorney- but they are trying to reduce my TDIU to 80%-my Drs will say I cant work-but how do I address this mess-thanks for my HADIT friends Is there some case that says that marginal employment is not enough to cancel TDIU-also should I go to local VA office and seek assistance-I know to and will answer by Reg Mail.They are trying to say that I worked for twelve months-but I really did not-other than being licensed-I cant work physically-as my Dr will say I am 66 years old/also on social security

Edited June 8, 2011 by atlaturne

[Philip Rogers]

atlaturne - What they've probably sent you is a "proposal to reduce." If I recall correctly, you have only about 21 days or 30 days to request a hearing and if you miss the time frame it will be reduced. You need to request a hearing ASAP! You can explain all that at your hearing. If you have been TDIU for more than 5yrs or you are over 55yo, they shouldn't reduce but you need to get that hearing.

pr

[jbasser]

Folks, this topic is exactly the reason I always say a Schedular rating is better than IU.

J

[Pete53]

Maybe so John but I have always felt that TDIU is better protected than schedular. I also think that this proposed reduction is just one of the VA fishing expeditions. They saw some income and proposed reduction forcing the Veteran to defend themselves. Instead of harassing Veterans they should spend their time working on the back log of claims.

[Commander Bob]

If you have received a proposal to reduce - don't mess around running out your 60 days, take immediate action...

...I would take the information and

evidence as suggested by the responders to your questions, in person to my VARO

and submit it in person and get a date stamped copy.

Keep a copy of everything for your files.

The clock is ticking, 'atlaturne'...

Edited June 8, 2011 by Commander Bob

[Philip Rogers]

Generally, I would think TDIU is better, unless you are working, in which case you're commiting fraud, which is criminal in itself. I believe the VA is required, to show that you have sustainable improvement by showing you w/continuous gainful occupation for at least a yr, unless, in this case you showed an above poverty line earned income. I believe they still need to do that. Generally that does not mean $10k a yr but should mean 5 days a wk, 8 hrs a day, 50 wks a yr. jmo

pr

Folks, this topic is exactly the reason I always say a Schedular rating is better than IU.

J

[Commander Bob]

Generally, I would think TDIU is better, unless you are working,...

pr

[View] Post=jbasser, on 08 June 2011 - 08:35 AM, said:

Folks, this topic is exactly the reason I always say a Schedular rating is better than IU.

J

You make a point pr, however, I lean more to jbasser's reasoning.

With tdiu, the vet has to fill out a form and send it back to the VA every year, and God forbid if the vet forgets to, or the VA claims that they did not receive it. the vet is hit with a notice that they will be dropped from TDIU , for failing to fill out and returning the form. Unless the VA sends the form & the "notice to discontinue" to the wrong address... Plus ,the vet is subjected to many exams by, sometimes incompetent examiners, to see if the vet has improved. All the time it appears that the VA is laying in wait to pounce and take TDIU away. This weight around the vet's neck could go on for the next 20 years. The vet"s dependent chapter 35 kids could lose their chapter 35 benefits just before going off to college. (I have seen it happen)..if their is any snafu with the IU... etc. etc. I could go on and on about the limiting factors of being strapped with TDIU, when compared with schedular 100%. jmho...

CB

Edited June 9, 2011 by Commander Bob