tdiu Iu Termination Letter

[alecbrooks]

http://i119.photobucket.com/albums/o159/snowwhite811/Scanva0001.jpg

I was approved for individual unemployability in December and just recieved this letter today. I'm completely freaking out and cant talk to anyone until monday. The letter says my benefit payment will remain unchanged but it says my individual unemployability is terminated so which one is it?? are my payments going to be reduced? has anyone gotten a similar letter?

[Gastone]

All of the above and has your "Gainful Employment Income" remained below the $12,400 limit? Was this VA letter possibly a Notice of Intent to reduce your IU Comp to your actual SC rate? We need way more info regarding what's happened in the last 12 months that could have caused the VA to jump ugly. What are your thoughts?

Very traumatic experience, but you need to take an inventory of your situation. There has to be a "WHY" and you need to determine what it is, in order to address it. I think phone calls are probably a waste of time. I'd be at the VARO Monday 8:30am and find a VSO office and discuss your problem with hopefully the Head VSO Rep. The VARO VSO's have greater access to your VA Claims info than their satellite reps. Not unusual to find a Well Seasoned VSO Rep that is on 1st name basis with Honchos in the VA Claims/Rating Dept, quite often on the same floor as the VSO. Keep in mind, any VSO can assist you, even if your Repped by another VSO. Which ever VSO is open and staffed with Reps would be my choice for tracking down your problem.

Semper Fi

Gastone

[alecbrooks]

Yeah I am not sure why my status was changed. I have not gotten any letters or had any appointments from the VA since I was started on IU. It seems kind of arbitrary to be honest unless I was moved up to 100% from the 90% I was already on due to the IU rating. I have also had no earned income because my disability makes it hard for me to function outside my house. This letter was the only one I received saying I was no longer on IU and the only reason given is that the original decision was unmistakably erroneous and no other reason is given.

[Buck52]

I always thought the only way a rating can be terminated is if the VA finds evidence of fraud & incarceration. (jail time)

However there have been cases where the VA awards TDIU OR IU when the veteran should have been awarded 100%.(For the disability....example if the award was decided on PTSD to be 100% SC but the veteran was below the 100% and the va rater decision was awarded TDIU/IU by the extra scheduler to bring the rating up to the 100% level then they terminate the TDIU and rate the the 100% PTSD Rating.

Seems fishy they caught this...maybe the VA will send more of an explanation!

A proposal to reduce service connected benefits will be they find evidence that the disability's has got better or not as worse as the veteran claims.

If they terminated the IU Because they made a mistake ...they are trying to snooker you so to speak and rating you the 100% for your SC Disability's as they should have in the original decision.

you may have a cue but if they keep you at 100% For your SC Disability its sure something to think about before you appeal as cue.

JMO


.......................Buck

Edited May 18, 2015 by Buck52

[Buck52]

© Individual unemployability. (1) In reducing a rating of 100 percent service-connected disability based on individual unemployability, the provisions of §3.105(e) are for application but caution must be exercised in such a determination that actual employability is established by clear and convincing evidence. When in such a case the veteran is undergoing vocational rehabilitation, education or training, the rating will not be reduced by reason thereof unless there is received evidence of marked improvement or recovery in physical or mental conditions or of employment progress, income earned, and prospects of economic rehabilitation, which demonstrates affirmatively the veteran's capacity to pursue the vocation or occupation for which the training is intended to qualify him or her, or unless the physical or mental demands of the course are obviously incompatible with total disability. Neither participation in, nor the receipt of remuneration as a result of participation in, a therapeutic or rehabilitation activity under 38 U.S.C. 1718 shall be considered evidence of employability.

(Authority: 38 U.S.C. 1718(f))

(2) If a veteran with a total disability rating for compensation purposes based on individual unemployability begins to engage in a substantially gainful occuption during the period beginning after January 1, 1985, the veteran's rating may not be reduced solely on the basis of having secured and followed such substantially gainful occupation unless the veteran maintains the occupation for a period of 12 consecutive months. For purposes of this subparagraph, temporary interruptions in employment which are of short duration shall not be considered breaks in otherwise continuous employment.

(Authority: 38 U.S.C. 1163(a))

[Berta]

I suggest that when you contact the VA on Monday, if they dont seem to be able to help you with this odd letter, then file an IRIS complaint.

You have the right to know what CUE they committed and a right to appeal it.

I assume you had no other claims pending when this occurred.

VA has been know to find living vets to be "dead", and when vets get that letter (to their "widow") they have gone to the press, it is so ludicrous.

VA makes MANY mistakes , it could be a snafu...but even if it is a snafu they should have explained the CUE they committed,even if they sent this letter to the wrong veteran.

What VARO is this.?

This might be a better idea than the IRIS complaint....

I have phone/ fax/and some email addys for their RO directors..and their VSCMs.

Edited May 17, 2015 by Berta

[Buck52]

They (VA) Admits the CUE in the letter of Explanation! but don't give bases and reason (as why)

http://s119.photobucket.com/user/snowwhite811/media/Scanva0001.jpg.html

I think if they rate this veteran 100% for the SC Disability!

My question would be why appeal it as CUE?

But could go back to the award date and maybe get a better EED.

Remember an EED goes back to the onset of the disability.

or when the disability worsen after filing original claim.

jmo

.................Buck

Edited May 18, 2015 by Buck52