tdiu Have I Messed Up My Claim And Subsequent Rating?

[Penelope]

I would appreciate anyone's help and insight with regard to something that I think may have messed up my claim. I am just not sure.

I have been rated at 60% for Chronic Fatigue Syndrome for 18 years. I had been on a reduced work schedule at work for about 20 years. My symptoms have gotten worse and I could no longer perform my job satisfactorily. My hours were changed, my responsibilities changed, and the stress was unmanageable. Since I was working with accounts involving money and experience the brain fog, etc, I retired.

My son, turned 18, in 2010 and I did not submit any paperwork to keep up the benefit for him while he finished high school. I didn't do this because I was not sure if he was going to continue on to college and figured it would be only for a few months anyway. To make a long story short, he did finish high school and is using the college plan that his father and I paid for. His father searched and found that he could keep his benefit as long as he was in college. So, he filled out the paperwork and sent it in to get the benefit back that he was getting all through school. This was in January. I called to check on the status because we hadn't heard anything and was surprised when the person on the phone called it a "claim'. I thought it was just an administrative process to add back the benefit that he already had.

I am worried that this opens up my entire claim file again and that my 60% benefit could be taken away from me and that I will have to fight the fight again. I have enough documentation that would continue the benefit, if it was taken away, but to have to fight it all over again is depressing. My thoughts had been to apply for Social Security Disability this year and then after my claim had been in force for the 20 years file for unemployability.

Your thoughts are appreciated. Thank you for your time.

[sharon]

An application to add a dependent to your awared is technically called a claim. While it is an administraive procedure, it has to be assigned a claim (130 EP) in order to maintian control of it.

[Penelope]

Thank you for taking the time to answer my question. I appreciate it. I feel a bit more relaxed now about the whole thing. Thanks again.

[71M10]

Penelope,

I get that you are worried that they will review your percentage. I doubt that they will review based on a dependancy adjustment. However, I would be very suprised if the VA doesn't try to schedule you for another exam prior to the 20 year mark. Keep in mind, they cannot propose to reduce on the results of just one exam and if you are over 55 and you receive an exam request you should politely ask them(in writing) why they are scheduling an exam for a veteran over 55, since this is contrary to published regulations.

Best regards,