Long Time No Type

[jeffs17]

I received my IU in Jan of 15, then I get a call about a C&P on June 3rd, check e-bennies and it says, review for entitlement for ch35 benefits, discovered during award promulgation, the mental health doc said I had total and social occupational impairment and that it was permanent during IU exam, but the left my MDD and anxiety at 70%, so any idea what this all means.

Thanks,

Jeff

[Gastone]

When you got your IU rating, any T & P and or "No Future Exams Scheduled" stated in your award? IU is always a temporary rating, subject to change if your conditions and or "SGI" changes. If your under 65, $12400.00 per year based on the aniversary date of your IU award. If your over 55, VAs not supposed to randomly schedule you for exams. If you file an additional SC Claim after IU award, a C & P should be expected, no matter what your rating.

Get back to us on 6/4 with update.

Semper Fi

Gastone

[GuaymasJim]

Jeff, we would have to see your award letter to accurately answer your question. If your award letter indicated that you are eligible for Chapter 35 benefits, the VA might believe that was a mistake maybe because your condition might improve. On the other hand, if you were not awarded Chapter 35 benefits, the VA might believe that was a mistake maybe because your condition in NOT likely to improve. The actual award letter holds the key. It has been my experience that "permanent and total" status for MH conditions is much more difficult than physical conditions, but that is purely anecdotal.

Gastone, your contention that "IU is always a temporary rating" is completely inaccurate! With the exception of a strict limitation on "working income," there is very little difference between 100% Schedular and 100% TDIU. In fact, there are many, including myself, who believe 100% TDIU is actually a better rating because the path to % induced SMC's is simpler. As with ALL VA disability ratings, the underlying medical condition(s) determines the stability of the rating. A veteran with a 100% Schedular rating can have that rating reduced just like a 100% TDIU rating if competent evidence demonstrates that the condition has improved. This is regardless of whether or not the veteran in either case has been adjudicated as Total and Permanent. At 5, 10, and most especially 20 years, the amount of competent evidence required to reduce a 100% rating increases dramatically. After 20 years, the VA must prove that the original award was obtained/maintained through fraud. Even after 20 years, a TDIU rating can be reduced for failure to return the employment questionnaire.

It would be a very good exercise for everyone with a VA disability rating to read the actual requirements for their particular level of disability. I am certain that some would be very surprised at how specific some ratings are in regard to employment/activity. Many are playing with fire so to speak thinking that once a rating is awarded, they can go back to a normal life, including unlimited employment, without fear of losing a substantial tax-free income stream and free medical care. That is simply not true.

[broncovet]

Jeff

It sounds like you are being considered for P and T. Eligibility for "Chapter 35 DEA" means you are P and T. It sounds like good news, especially if you have kids that would like to go to school under Ch. 35. There are also other benefits to being "P and T".

[jeffs17]

Well had my C&P nothing but the same kind of questions, just like my IU exam in Sep of 14, moved to prep for decision but this is the first time that my C&P is not available on e-bennies, do not know why this one is not, every other one was, was done at the behavioral health facility in Syracuse so it was not QTC, do not know if I should request a copy or just wait and see what happens, at this point I really do not care anymore.

[Pete53]

I don't think many could tell their rating by their C&P exam. Jim is right in order for accurate information there is a need to see what the VARO wrote.