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Tdiu..c@ps...possible Reduction?

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killemall

Question

Basically I meet the requirements.

Im currently unemployed and I have a 50% rating for hearing loss and a 10% rating for tinitus. They are both from the same group and combine to 55% and round up to 60% by VA math.

I also have shoulder and wrist disabilities that have my overall rating at 70%.

This all became effective in September 2014 (last month)

Tdiu was not inferred in my BBE.

I feel that I meet the requierments but aIm afraid to take the plunge.

Specifically Ive herd that when you apply for tdiu that they make you do c@p exams. Im quite happy with my 50% rating for hearing loss and Im afraid that if I have to do another c@p for my hearing loss that my rating for hearing loss could potentially be reduced. It could just aslikely be increased however I would hate to mess up a good thing.

So is that how it works? Do I have to do c@ps all over again if I claim tdiu or am I getting bad information?

Thank you for any help

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If you file for an increase and they prepose to reduce your rating...file NOD & Ask for a RO Hearing...the DRO should be educated enough that he/she knows that Nose Induced Hearing Loss does not get any better...I never heard such a thing!!!

If the OP submits a claim for increase and a C&P is ordered from Audiology -

if the hearing test comes out better instead of the same or worse - they will not do a

proposal to reduce, they will go ahead and reduce on the new medical evidence of record.

FWIW - anytime someone receives a proposal to reduce, a NOD is not the route to go.

We can not NOD an action that has not happened.

But as you suggested, requesting a hearing (ASAP) in writing, at the VARO, is in order

and the sooner you submit the request the better.

Personally, I would make the drive and submit this request in person and get a date

stamped copy.

jmho

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  • HadIt.com Elder

Oh ok Thank you carlie I forgot its just a ''proposal''. ..as in not happened....I stand corrected!

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  • HadIt.com Elder

oh yes def get a date stamp copy...back when I was doing my claim by mail I always sent the VA a return sign receipt ! just to make sure they got anything from me.

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  • HadIt.com Elder

Your unemployment is going to run out eventually. If you can't work apply for TDIU is my advice. I applied when I was 30%. I was unable to work. I got SSDI and OPM disability retirement first. Then about a year later I finally got TDIU. I had 70% rating for a single disability. Now 13 years later I am P&T with an extra 80% and "S". This is how it works. As you get older it will all get worse.

All those joint problems will probably get worse. When they do file on them. Waiting and being cautious can cost you many thousands of bucks. Once you get TDIU that's it. The VA must prove you can work which would be almost impossible unless you give them an excuse.

John

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  • HadIt.com Elder

I agree John 999 good post there buddy!

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