80% Rating 100% Tdui Not Permanent - Help

[Nyan Nyan]

Hi so I just check ebenifits and saw my update. It says I'm

You have one or more service-connected disabilities: Yes

Your combined service-connected evaluation is: 80%

The effective date of the last change to your current award was: December 01, 2013

You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: Yes

You are not considered to be permanently disabled due to your service-connected disabilities at this time because your case is scheduled for review on: June 01, 2019

You are not considered to be permanently disabled due to your service-connected disabilities at this time because you are scheduled for a future reduction in rating on: June 01, 2019

My disability is 50% chronic major depression and anxiety and 30% digestive. Why in the world would they not make my tdui perm? I have been 30% for both since 2006. It's not going to be changing. How do I go about getting it perm? Is this a tough process?

[Navy04]

You have to apply for it, and this process makes me nervous bud. I am schedular 100%, with PTSD 70%, TBI 30% and Crohn's 30% among others. Along with these medical issues, SSDI granted in less than 10 weeks, and the VA pays my wife to be my Caregiver, you would think that I would be considered Permanent, but I am not. I submitted another FDC a few weeks ago for 7 more conditions. I will wait after that claim is done to see if I file for P&T. I have seen so many Vets put in for the P&T and the VA goes and lowers one of their %s, and they be in worst shape then when the Vet started. A good Korean War Vet friend of mine just died, and he had been 100 IU since 1992, but never permanent. Wait atleast 6 months bud, and then apply for P&T. GOd bless, congrats on the good news, and keep us posted.

[Nyan Nyan]

Thank you very much for the reply. I didn't know I would need to actually apply for permanent. I have read that switching from scheduler to UI could result in a decrease. I had no idea asking for permanence could also....that's terrible. I'm nervous about that, it might be time to lawyer on on this phase? The biggest reason I am looking for permanent is the loan forgiveness, my kids school, and peace of mind. I'm fully retired from the military due to my conditions so I'm good on insurance. My digestive condition is severe irritable colon disease and ulcerative colitis @ 30%. So I feel your pain mate. I'd would think that you would have perm based on your short snippet into your life. I haven't gotten my brown envelope yet, so I don't know if they made any changes to that...I do know it's still 30%.

So the perm part sounds like its hard to get?

Less than 20 days passed from my UI exam to notification, which blows my mind. I have been trying to get this going since 2012 though. They retroactively gave me dec 2013 which is good, but not sure exactly how they got that date. I was thinking they would have put it to where I initially opened the case.

Now on the permanence - I read that if your condition does not get better in 5 years than you can get perm. Like I said in my first post

Chronic Major depressive disorder and anxiety has been on my records since 2002-6 while in service and when I got forced retired out it went to 30%. On December 2006. It is 50% now . My digestive problems was at 10% whenI got out and has increased to 30% now. Over 5 years has passed and there has been no showing that my condition will lessen.

When can the va start counting the 5 years? The day I got diagnosed back in 06 or dec 2013 retro activate date?

[Pete53]

Yep you have to ask. The VA is sneaky about what you can get.

[Nyan Nyan]

So am I on the right track and thinking that since my conditions in o6 have not settled, but worsened over the last 7 years that it meets the criteria set by the va and their 5y year ie my apt in June 2019. What is the reason to wait about 6 months before sending the application in?

[Navy04]

You are on the right track, I tend to inform Vets to wait a little while, as one the VA can see that the conditions continue to get worse, and two in my experience I have not seen a lot of good when Vets put in claims back to back. I was awarded my 100% back in April and I waited a little over 2 months to put in my recent FDC claim, only so that it should be completed by the end of the year and not lost in the Sauce during the holidays. VA just likes to see some time, plus you know that most of the VA only thinks that we want free money, so when we go back to back, those idiots tend to low ball us or give us the run around. Only you can decide what you want to do my friend, on Hadit, we just try to give the best advice, sometimes we do good and other times we make mistakes too. God Bless

[Philip Rogers]

If you've had the condition(s) for 5 yrs or more, I would apply for P&T. jmo

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