tdiu Tdiu

[vet2010]

I am awarded 100% Sc however if VA for some reason reduce my claim to say 70%, can I immediatly file for TDIU? if so how long and what are the critieriasto file?

vet2010

[Interested]

I'd like to address why you believe your rating will be reduced ...

Do you have reason to believe that the VA will propose to reduce one or more of evaluations sometime in the future? Do some of your issues on your Rating Decision have a statement similar to: ... as this condition may improve, a future examination has been ordered ?

Is there a statement somewhere on your Rating Decision or notification letter to the effect of his rating is permanent and total ? Note: despite this statement, permanence really doesn't exist until that magic 20 year point (other than amputations, LOU, etc). ref: 38 CFR 3.951(b) http://www.benefits....ART3/S3_950.DOC

FYI, the rule on reexaminations is 38 CFR 3.327 http://www.benefits....ART3/S3_327.DOC .

The rule on Revision of Decisions for compensation is at 38 CFR 3.105(e) http://www.benefits....ART3/S3_105.DOC .

The rule on Reductions and DIscontinuances (Veteran) is at 38 CFR 3.501(g)(2) http://www.benefits....ART3/S3_501.DOC

Note: I cannot provide a citation at the moment to support the following, but ... an evaluation based on a re-examination if the reexamination findings are the same as were used to assign the original rating. (yeah, I know, that was really badly written). What I'm trying to say, I guess, is that if a particular medical finding(s) was/were used to support a particular evaluation (even if over-generously), and that the same finding(s) existed on re-examination, I can't propose a reduction. (that wasn't much better, but I hope you get my drift).

I am awarded 100% Sc however if VA for some reason reduce my claim to say 70%, can I immediatly file for TDIU? if so how long and what are the critieriasto file?

vet2010

[john999]

VBM says a 100% vet who is reduced should be considered for IU before they lose the 100% pay rating.

[vet2010]

I am worried about two ratings that were awarded to me and you're exactly right it states " as this condition may improve, a future examination has been ordered ". I retired 31 Oct 2010 and I cannot work however I don't want VA to reduce my claim for any reason. The two I am worried about is, a) Depression, and b) Prostatis, both of these conditions have worsened since my retirment and I was never prescribed meds for either condition while on active duty. Since retireing I am now prescribed Zoloft for depression and a host of other meds for my Prostate. What should I expect, how soon and basically what do yall think?

thanks

vet2010

[SonnyBurnett]

It's still early in the game but, keep taking your meds, keep all appointments especially for depression and prostate treatments, and if you feel the depression has not gotten better or worse, always express that at your appointments. Even if the appointment is for a blood test, Ya never know what will get written down - when & where.

Try and relax and enjoy your retirement, you have certainly earned it. I like playing video games sometime. They are really cool now and helps keep my mind off of my chronic pain conditions and depression too.

[john999]

If you awarded 100% and these two condtions are getting worse I don't think you will be reduced.

[Interested]

As for time frame .... if the VA Regional Office with your claims file intends for you to have a re-examination, actions to schedule them usually begin about 3 1/2 - 4 years after service connection or evaluation award.

Others have made good suggestions about continuing treatment. However, AND I DO NOT RECOMMEND THIS, you may choose to do nothing. Interesting question isn't it, cure or comp?

If you do have a reexamination, make sure that the VARO knows where you've had treatments, whether at a VAMC, a Military Treatment Facility or from a civilian practitioner.

Following is some general (and brief) information about future examinations, preservation of service connection, and preservation of evaluations.

There are three time frames of importance:

1. Five years of service connection and/or award of a particular evaluation. Before the five year point, I may propose to reduce an evaluation based on only one reexamination. However, after 5 years of service connection or a particular evaluation, a disability is generally considered static and I generally must have another re-examination to propose to reduce. Note: I can even propose to sever service connection up to the 10 year point.

2. Ten years of service connection. After ten years of service connection, service connection cannot be withdrawn (subject to fraud, etc). However, I can propose a reduction based on medical evidence or reexamination.

3. Twenty years after award of a particular evaluation. After 20 years, a particular rating evaluation becomes "set", that is, if you have had a 30% for a particular disability for 20 years, the evaluation cannot be reduced lower than 30%. However, if you had that 30% rating for twenty years and get an increase to 50% at the 20 year point, the 50% would not be protected for another 20 years. However, the 30% level is protected. Simple, isn't it?

Please don't obsess. No matter what anyone says, it really is time-consuming and moderately to very difficult to reduce an evaluation and particularly to sever service connection.

I am worried about two ratings that were awarded to me and you're exactly right it states " as this condition may improve, a future examination has been ordered ". I retired 31 Oct 2010 and I cannot work however I don't want VA to reduce my claim for any reason. The two I am worried about is, a) Depression, and b) Prostatis, both of these conditions have worsened since my retirment and I was never prescribed meds for either condition while on active duty. Since retireing I am now prescribed Zoloft for depression and a host of other meds for my Prostate. What should I expect, how soon and basically what do yall think?

thanks

vet2010