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Think They Are Going To Shaft Me...with Rush Job

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confusion99%

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Well I looked at ebenefits a few minutes ago. I moved from gathering evidence to prep for decision.

I had my C&P exams Thursday, they have them logged in on Friday. The papers they sent me for my doctor's records that they dated 03 apr, that they mailed on the 16th by postmark, and I did not get until the 21st, the closed out Friday saying non receipt. I just got the records Friday and was going to drive them up Tuesday. I will now have to drive them up tomorrow and hope that they will at least look at them. Seems they have already rushed through their decision. They are just jaming this through to get it off the books, Great, move it out of the backlog and into the appeals area....Looks like they are going to double down on their tactics using to screw Vets and hide the truth from the gov't officials, and the public. Way to go Houston. Of course I will take all this back if i get approved, but I just have that feeling.

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Is the IU permanent and total (P&T)? Or was the 100% schedular rating P&T? There are advantages and drawbacks to both, depending on your other ratings, how long you've had those ratings in effect, and your age.

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If you are TDIU you can't work beyond poverty wages. If you are 100% scheduler you can work. If you are 100% for a mental condition it gets iffy. If you are on TDIU you must send in an Employment Questionnaire at least once a year. If you forget you get a reduction notice. If the VA loses your employment questionnaire you get a reduction notice. This is what is wrong with TDIU. What is right with it is that unless you go back to work full time they cannot take it away from you unless they do a rule change. I am 90% TDIU P&T for almost 13 years. No problems so far.

John

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I have reread the letter about 20 times now to make sure I understand it. I read through a sentence that was very important and missed a key point. They said I have been 80% since Nov.2011 and then 100% starting Oct 2013. After digging through other areas, it states I am Permanent and total disability....It appears that they used the IU to cover the 100% rating from Nov 2011 which they backdated the retro to, and the Oct 13, which is when the new claims and increases started which was what put me to 100% scheduler. Once I get back into ebenefits, (long story, blocked at present), then I will be able to see the letters to verify. But I feel pretty confident that the above scenario is what happened.

The only thing left now is for them to decide what percentage they are going to assign for the time period from 1978 until 2011 for the IHD. Of course they will not go back that far, but that is when they inappropriately took it away from me after a year. Another long story I think is somewhere on this forum already. it went to Prep for Decision same time this claim did, so I should be getting another BBE on that soon. Have decided not going to fight even if they decide to give me nothing. I am a super happy camper at this point. I wouldn't have anything to collect as retro any further back than whenever CRSC kicked in for those that were medically discharged but didn't have 20 yrs in. My Navy retirement would off set any percentage they would come up with. I am tired of chasing evidence, copying paper, and the sleepless nights full of anxiety. So, gonna just try to enjoy some of it and live a little more comfortable for my last few years I have left.

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