Sould I Do Anything About It?

[BUZZ]

Recently I receive my rating and came across a statement in my papers that isn't right.It deals with my past employment.It said that I was offer work,but decided to retire instead I think they misunstood me,because I agree to work,but my back was hurting and they decided to put me on retirement. The Dav rep told me not to worry about it,what should I do?

[71M10]

Buzz, I would send them a letter (certified mail return receipt requested) pointing out the innacurate statement in your rating. If for some reason they reduced your 100% schedular rating(in the future) and had to make a TDIU decision they would use that innacuracy as a reason to deny.

I would state clearly "I do not disagree with the overall rating, but there is a factual misrepresentation in the record".

I disagree that TDIU is a moot point, If your PTSD alone made you unemployable (forced retirement) and your CAD and other SC disabilities(not including PTSD) total 60% than you technically qualify for SMC S. They are not going to roll over easy on this (you would probably need to go to BVA).

Personally, I would ask for the correction and not push the SMC S. So much of a psychological disability rating is dependent on practitioner opinion, instead of physical test measurments.

Best regards,

Edited October 23, 2013 by 71M10

[Philip Rogers]

Don't listen to anything your rep says.

pr

[BUZZ]

I agree with the rating maybe I am saying it wrong, the only thing I am concern about is the wording they wrote down about me decideding to retire instead,nothing else.Maybe I am worrying about nothing.

[71M10]

Buzz, take a look at my previous message(i just edited it to try to make it more clear). I think you are right to worry about the incorrect statement(but dont stress out over it).

If for some reason (in the future) you were reduced under 100% schedular, than TDIU would become an issue and that incorrect statement would be a problem.

If you currently are 100% P&T and VA follows its rules and you don't file any additional claims you should be fine.

You could have a valid SMC issue, but from the evidence you have described, I personally wouldn't pursue it.

Best regards,

[BUZZ]

Thanks for all the information everyone gave

[john999]

Bradley v Peake says that if you are total (tdiu) plus 60% you are entitled to "S". I got it that way. I would not be fearful of demanding what I am owed by VA. If you are 100% plus 60% and VA did not grant "S" that is a CUE.