ptsd Awarded Tdiu Without Asking

[livefree666]

Hi All, I had my attorney appeal my PTSD award and was upped to 70 percent and was awarded TDIU although I didn't ask for it well they gave it to me effective 2/2013 only problem is I was working and have to send in my EVR form in February and I made 18,000 for the year although I stopped working in July due to mental health. Will I lose my TDIU? I'm trying to get through this but my mental health is bad and my employer kept me on until I got the benefits. I'm over the poverty level for the year but can no longer work and I have been hospitalized twice after losing my job .Don't they check your income before awarding TDIU? really need help here thanks.

[Philip Rogers]

This falls on the rater as they inferred IU. They didnt do their job corectly but they will shield this and turn it on the Veteran.

Fameous quote from the Movie Battleship: "Someone's about to kiss the donkey"

They will cue the issue, take the IU and possibly re award the later date.

J

I think he's safe, especially since he had a lawyer. I see no reason to cause him any worry J. jmo

pr

[free_spirit_etc]

So, I guess the question is what should the Vet do now (aside from contacting his attorney)?

Should he notify them and ask them if the effective date was an error, and ask them to change the effective date to July? (I would suggest apologizing from not contacting them sooner, but point out the mental problems he has been having that resulted in being hospitalized twice).

Or should he just keep keeping on -- and making sure he keeps good records - and be ready to fight if they try to take the TDIU away when he files his annual report?

[free_spirit_etc]

"I think he's safe, especially since he had a lawyer. I see no reason to cause him any worry J. jmo"

Oh good! I hope that he is!

And by the way livefree - Welcome to the Board, and thank you for your service!

[Philip Rogers]

So, I guess the question is what should the Vet do now (aside from contacting his attorney)?

Should he notify them and ask them if the effective date was an error, and ask them to change the effective date to July? (I would suggest apologizing from not contacting them sooner, but point out the mental problems he has been having that resulted in being hospitalized twice).

Or should he just keep keeping on -- and making sure he keeps good records - and be ready to fight if they try to take the TDIU away when he files his annual report?

I'd just keep on keepin' on. No need to rock the boat as he's done nothing wrong. I'd put some money aside just in case but I really think he has nothing to worry about. jmo

pr