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Got Tdiu -Now Letter They Are Trying To Take Away

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atlaturne

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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 by atlaturne
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  • HadIt.com Elder

CB - Guess we'll have to agree to disagree. They can do the same w/100% scheduler. If you're P&T, you're P&T and they have no business screwing w/ya, as long as you "don't work" and "do" file the annual form. The form is simple. All you need to do is make a filled out "master copy" and sign & date a copy every yr and mail it in. Don't wait for them to ask - just send it in, automatically, in Nov or Dec, each year. The thing is they need to prove you can work by having you work a year. Impossible to do. To reduce schedular they need only show improvement, twice I believe. I have a master copy of my VAMC & group visits, that I just date & sign, as I attend the appointments. Saves filling out the same info each time. The VA's $616 tax free a week is a pretty good retirement and a darn good reason not to chance losing it by working. jmo

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 by Philip Rogers
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  • HadIt.com Elder

...All you need to do is make a filled out "master copy" and sign & date a copy every yr and mail it in. Don't wait for them to ask - just send it in, automatically, in Nov or Dec, each year. ... jmo

pr

Excellent advice for TDIU vets in that situation.

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  • HadIt.com Elder

I think most 100% schedular vets and TDIU vets get SSD. This limits what they can do as far as work anyway. By the time you get 100% or TDIU you are sure a broken down veteran. Of course, there are about a million guys on SSD and VA who work in underground economy doing this or that and not reporting the income. Probably half the guys at the local flea market are on SSD or medically retired from somewhere. Unless you collect worker's compensation or advertise your disability payments nobody is watching you. However, it is not worth losing VA and SSD just to make $200 a week.

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Somehow, my thinking has gotten twisted while reading this topic. So here comes the dumb question. Does a 100% schedular P & T vet have to file the yearly report ? If so, what is the form # ?

Edited by johnjjr
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  • HadIt.com Elder

Somehow, my thinking has gotten twisted while reading this topic. So here comes the dumb question. Does a 100% schedular P & T vet have to file the yearly report ? If so, what is the form # ?

Nope ya don't but TDIU should

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  • HadIt.com Elder

Here is one thing: If a 100% schedular vet is reduced he/she should be considered for TDIU. This is what the VBM says.

So if they were to reduce you from 100% to 70% the VA should consider you for TDIU as part of that decision.

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