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Records Destroyed.


11bravo
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Question

A year ago I had discovered incorrect dates on my ratings. I went to my dav so with copies of my ratings. He looked on computer it showed my paper records destroyed and incorrect dates down for my ratings of tdiu. 2007 instead of 1995. He advised me to wait until this yr when I had 20 yrs on my rating of tdiu to get it corrected. When I went in jan to see him he told me my records were being scanned onto disc and not to rock the boat as I might get my tdiu taken away. I said wait, I thought my paper records were destroyed over a year ago what is being scanned? Anyway he told me my 70% rating was correct witch was 1993 effective date. But my IU rating was 2007 instead of 1995 which it should be. He also said it showed me being paid at the 100% rate from 1998 instead of 1995. Wanted to know if I had bank statements back to 95 showing deposits which of course I don't. He also said the 2007 date showed something like General Individual Unemployability. I called a dav nso at st Louis, he advised to wait until scanning was done in about a month so all info was there for him to look at.

I have copies of all my ratings, a old champva card of my wifes showing effective date of 1996 and my commissary px card. I thought I would be able to relax after 20 yrs with no worries on being reduced, now my anxiety has worsened over this.

I need adivice on what to do.

Thanks

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makes ya wonder who they are workin for huh?

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Wouldn't the Champva card and the Commissary card be good enough?

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That's why I have two five drawer file cabinets with anything related to VA claims starting in 1993 when my husband medically retired. I have everything -- this may be useful information to everyone just starting out on this journey. Keep everything, scan it yourself if you have to, and if you have faith in only keeping records electronically. 20 years from now, just before your ratings become untouchable, you will more than likely have to dig things out from many years before, which I've had to do on several occasions. I'm sure the folks on the receiving end of our evidence are surprised when I can provide copies, chapter and verse, of what they said 20 years ago and how we responded. But they don't think we're smart enough to anticipate that kind of thing is going to happen. JMO..

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I have copies of my ratings and probably a box full of other records. What I don't have is copies of bank statements back to 95 showing deposits at 100% rate. I doubt anyone has. I found an article from the st Louis post dispatch showing two temp clerks were prosecuted for destroying paper records and entering wrong dates on disc in 2012 they were being paid bonus for how fast they could transfer data. I figured that's what happened to my paper records, when a yr ago my dav so told me my paper records had been destroyed and wrong dates entered on disc for my ratings. Then the so told me last week my records were being scanned on disc, I don't get it. You would think copies of ratings champva card commissary card would be enough to correct records.

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  • HadIt.com Elder

I don't think you need to worry about a TDIU rating being taken away. The only way VA can reduce you if you are TDIU is if you go back to work full time at above the poverty level. After five years, or age 55 you are almost untouchable. I think I would skip interaction with DAV. Do you have a copy of your original TDIU decision stashed away some place? Some few guys who are 100% scheduler get reduced, but that is usually because they tell their doctor they feel better and start working and talking about it to the VA. The VA usually reduces those who give them a reason, but sometimes they just do it for fun. They tried to take away my SC rating but were 15 years too late on that one. That was in 1989 I think. That is last proposed reduction or talk of reduction.

John

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I do have copies of my tdiu rating. my issue is that instead of having my effective at jan 25 1995 which would give me 20yrs on my rating as of last sunday, they have my effective date at 2007. Suppose I die soon, my wife would have a hell of a time trying to get her DIC.

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