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Tdiu Question. I Did Not File It, Potential Consequences Of Tdiu


SerAF

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Hey guys. SerAF here.

I have a question regarding TDIU. I am a 70% disabled veteran at this current time.

1. I was recently awarded a 70% rating this past summer.

2. Since then I have been receiving letters in the mail stating they want more information from me....despite the fact that they had already awarded me with the 70%.
3. There is a claim in for TDIU that I do not recall putting in, yet it appears to be in order. I am not sure who initiated this process as I have turned in no paperwork for it.

Two questions:

Does the VA initiate the process for veterans on the grounds that they are severely disabled?

Do they use past evidence or do they require "newer" evidence for the TDIU (after the 70%)? Is past evidence sufficient?

In the event I get turned down for TDIU, does that make them re-evaluate or reconsider my newly awarded 70% if they deem me unqualified for the TDIU? Does that threaten the entire 70% rating itself and cause it to go down?

Please let me know, as I am a little confused about what is going on.

Thank you,

SerAF

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When you meet the schedular requirements for TDIU, the VA is required to consider you for TDIU (inferred claim). Unfortunately, they frequently fail to do so. Provide them with the evidence/information asked for. If you are currently working, the chances of a TDIU award are slim, unless your earned income is less than the federal poverty rate or below and/or working in a "protected environment. Blowing through several jobs in a short period time can also be used as favorable TDIU evidence.

The VA can reconsider ANY rating and ANY time. At 5, 10, and 20 years, the evidence needed for a rating reduction increase at each level.

Keep asking your questions, and provide additional information (cover all personal ID info) so that the answers you will receive will be more accurate and detailed.

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SerAF: I was just awarded TDIU 6/27/14 at a DRO Appeal Hearing, filed 09/2012. 09/20/11 I received a bump to 90SC and included was a mentioned "Deferred Inferred IU Claim." When you meet the Schedular Requirements of IU, the VA automatically assigns you an inferred claim status. If you don't respond with a claim filing within the 12 mos after your award date, you would have to file a New IU claim and loose the (2yr??) retro pay date of your original claim that got you to 70% SC. I responded immediately with a filing for IU. I was Officially Denied IU 09/2012 due to being self-employed and earning above the US Poverty Level for (1) person. At my DRO Hearing, I opted for an Informal Hearing. I wasn't scheduled for a review of the 2012 IU NOD. This hearing was to be an official DRO Hearing of a NOD filed 2010. The DRO informed me that because I had just chose the "Informal Hearing" which isn't recorded and transcribed, he would also address my 2012 IU NOD. 35 min later, I walked out with all Denied Issues Awarded.

You were just awarded the 70%, don't sweat it. If you file for IU, the same rater that awarded you the 70SC will be looking at your IU claim.

SOOOOOOOOO, depending on your employment/income situation, file for the IU. Think about the VA Vocational Rehabilitation program. Even if you can't work, go online and apply. If your deemed unable to participate in the Voc Rehab Program due primarily to your SC conditions, you will get a Letter from the Voc Rehab Councilor stating due to your SC conditions, you are unable to be retrained for gainful employment at this time. This letter is a piece of Gold as far as evidence in an IU claim.

Semper Fi

Gastone

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