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.

[free_spirit_etc]

"It's entirely possible they will pull your IU, require repayment and then you're facing a huge uphill battle to get IU again. You had two choices. Notify the VA you were working or quit working and then notify the VA. From where I stand it appears you got greedy. Working and IU. What a deal. Poverty level is just a number. What matters is the ABILITY to work. You've shown that you are able to work. Good luck."

Giving the Vet the benefit of the doubt here - it looks like he wasn't notified of the decision until July and that he quit working when he was notified of the decision. He did not continue to work and draw TDIU. The problem is that the VA granted TDIU retroactively to where it covered a period he was working. And giving the Vet the benefit of the doubt, he says he didn't even ask for TDIU. So I am not so quick to jump to the conclusion that the Vet did anything wrong. Nor would I suggest the Vet immediately contact the VA until he takes a little time to find out where he stands, and what he needs to do. He has also been hospitalized two times since July of this year.

I think it would be more helpful to try to help him figure out what he needs to do moving forward, than to chastise him for what he should have done, especially considering he didn't even ask for TDIU. It would be different if he would have filed for TDIU and lied to the VA about his working, or if he would have continued to work knowing that he had been granted TDIU.

But considering he was notified of the decision in July, has not worked since he was notified of the decision, and has been hospitalized twice in a short period of time; I think he is still within a reasonable time frame to notify the VA of the error (if indeed, he needs to do that) - and that he is doing the correct thing by finding out where he stands and what he needs to do before notifying the VA.

Edited September 13, 2013 by free_spirit_etc

[Philip Rogers]

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.

Personally, I think you're safe, since you are no longer working. I would just wait it out and save some money, just in case. jmo

pr

[free_spirit_etc]

Wouldn't this help the Vet?

http://www.tftptf.com/Misc/TDIUFastLetter.pdf

"Additionally, if the evidence shows that the Veteran actually is engaged in a substantially gainful occupation, the TDIU

evaluation cannot be discontinued unless the Veteran maintains the gainful occupation for a

period of 12 consecutive months. See 38 C.F.R. § 3.343©.

Once this period of sustained employment has been maintained, the Veteran must be

provided with due process before the benefit is actually discontinued, as stated at 38 C.F.R.

§§ 3.105(e) and 3.501(e)(2). This consists of providing the Veteran with a rating that

• Proposes to discontinue the IU benefit

• Explains the reason for the discontinuance

• States the effective date of the discontinuance, and

• States that the Veteran has 60 days to respond with evidence showing why the

discontinuance should not take place."

Especially If he was granted TDIU on an inferred claim?

The fact that he no longer worked after July 2013, and was hospitalized two times between July and September - As the claim has already been granted, the evidence is not showing that he was able to maintain gainful employment for a period of 12 consecutive months.

Edited September 13, 2013 by free_spirit_etc

[free_spirit_etc]

"Personally, I think you're safe, since you are no longer working. I would just wait it out and save some money, just in case. jmo"

That is encouraging news - because I think this is something that could happen to veterans - that the VA makes a decision on an inferred claim for TDIU, and ends up granting them benefits for a period of time they were actually working.

[jbasser]

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

[free_spirit_etc]

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

Hopefully they will re-award at a later date. I would think that 2 hospitalizations for the SC condition between July and September would be considered in the Vet's favor.

Edited September 13, 2013 by free_spirit_etc