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?

[jbasser]

Buck, they will not do that. If they award schedular, then they would say the IU was moot.

J

[Buck52]

Yes I agree J

but if they award the 100% for the current SC disability and terminate the IU & keep payment at 100%..

Actually I don't see a reason for the CUE.

They failed to award the correct decision & now want to make it right? (I know I could be all wrong but that's how I read this)

)

Although a CUE has been made as they Stated! how would that benefit the veteran?

If they awarded the 100%.??

Now if they come back with a letter to ''propose a reduction''...then yes Appeal it as a Cue but I don't much think they will!

broncovet posted this a while back

1. Appeal of RO denial of TDIU because it was moot was remanded.

"In a 2009 rating decision the RO determined that the claim for TDIU was moot because in the same rating decision, a 100 percent rating was granted, which fully resolved the issue in the Veterans favor. However the Board notes the CAVC has recently held that VA has a "well established" duty to maximize a claimants' benefits. (Buie vs Shinseki, Ab v Brown and Bradley vs Peake)

A TDIU is provided where the combined schedular evaluation for service connection is less than total, or 100%. 38 CFR 4.16(a). A TDIU is considered a lesser benefit tahan the 100% rating, and the grant of a 100% rating renders mooth the issue of entitlement to a TDIU when the 100 % rating is in effect. VAOPGCPREC 6-99; 64 FED REG. 52,375 (1999).

In a precedent opinion, VA's General Counsel concluded that a claim for tdiu for a particular SC disability may not be considered when, as here, a scheduler 100% rating is in effect for a SC disability. See also Green v West, 1998, Vettese v Brown (1994). In Nov 2009, however, VA's GC withdrew VAOPGCPREC 6-99 in light of the decision in Bradley vs Peake.

The Board recognizes the secretary is required to maximize benefits. See AB v BROWN 6 Vet App 35,38 (1993) (presuming that a claimant is seeking the maximum benefitts allowed by law and regulation); 38 CFR 3.103 a (2010).

Actually we need more information on this one.

..........Buck

Edited May 18, 2015 by Buck52

[jbasser]

DId you read the letter she posted. They are flat out severing IU because they are calling CUE on themselves. This needs to be challenged but we need to know the details about the IU.

We can advise what to do but we cant do it for the veteran. That is not in the scope of Hadit. SOme folks do step in from time to time and I have done it myself to assist someone but this issue is a very legal one that requires a strong VSO or an attorney. I personally suggested an attorney.

The VA loves to do this stuff to really scare the veterans, especially with IU as they can threaten to yo-yo the veterans IU status at their will. That is the reason it is so much better to get a schedular P and T award.

J

[Buck52]

Yes I agree J

......Buck

[alecbrooks]

Finally got a response today, they put me at 100% but didnt tell me so the individual unemployability was unnessary. i really wish they had been that clear in the letter.

[Chuck75]

Yes I agree J

but if they award the 100% for the current SC disability and terminate the IU & keep payment at 100%..

Actually I don't see a reason for the CUE.

They failed to award the correct decision & now want to make it right? (I know I could be all wrong but that's how I read this)

)

Although a CUE has been made as they Stated! how would that benefit the veteran?

If they awarded the 100%.??

Now if they come back with a letter to ''propose a reduction''...then yes Appeal it as a Cue but I don't much think they will!

broncovet posted this a while back

1. Appeal of RO denial of TDIU because it was moot was remanded.

"In a 2009 rating decision the RO determined that the claim for TDIU was moot because in the same rating decision, a 100 percent rating was granted, which fully resolved the issue in the Veterans favor. However the Board notes the CAVC has recently held that VA has a "well established" duty to maximize a claimants' benefits. (Buie vs Shinseki, Ab v Brown and Bradley vs Peake)

A TDIU is provided where the combined schedular evaluation for service connection is less than total, or 100%. 38 CFR 4.16(a). A TDIU is considered a lesser benefit tahan the 100% rating, and the grant of a 100% rating renders mooth the issue of entitlement to a TDIU when the 100 % rating is in effect. VAOPGCPREC 6-99; 64 FED REG. 52,375 (1999).

In a precedent opinion, VA's General Counsel concluded that a claim for tdiu for a particular SC disability may not be considered when, as here, a scheduler 100% rating is in effect for a SC disability. See also Green v West, 1998, Vettese v Brown (1994). In Nov 2009, however, VA's GC withdrew VAOPGCPREC 6-99 in light of the decision in Bradley vs Peake.

The Board recognizes the secretary is required to maximize benefits. See AB v BROWN 6 Vet App 35,38 (1993) (presuming that a claimant is seeking the maximum benefitts allowed by law and regulation); 38 CFR 3.103 a (2010).

Actually we need more information on this one.

..........Buck

"A TDIU is provided where the combined schedular evaluation for service connection is less than total, or 100%. 38 CFR 4.16(a). A TDIU is considered a lesser benefit tahan the 100% rating, and the grant of a 100% rating renders mooth the issue of entitlement to a TDIU when the 100 % rating is in effect. VAOPGCPREC 6-99; 64 FED REG. 52,375 (1999)."

This does not fully address the situation when disabilities beyond the 100% would entitle the veteran to a TDIU rating besides the 100%

Remember that SMC S (100 + 60) is only about 12% additional to the 100% payment rate, and paid in leu.

Edited May 19, 2015 by Chuck75