tdiu Secondary Ratings ?

[Buck52]

Based on these CFR's

§§3.955-3.956 [Reserved]

§3.957 Service connection.

Service connection for any disability or death granted or continued under title 38 U.S.C., which has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The 10-year period will be computed from the effective date of the Department of Veterans Affairs finding of service connection to the effective date of the rating decision severing service connection, after compliance with §3.105(d). The protection afforded in this section extends to claims for dependency and indemnity compensation or death compensation.

(Authority: 38 U.S.C. 1159)

Questions?

If a veteran files secondary to his alredy SC 90% disability, TDIU P&T under these CFR'S the veteran can not be reduced or sent to a C&P exam Based on he has 10 years and more on the original disability,

so if the veteran files for a secondary disability that arose from his SC Disibility, then that can't touch his P&T Disability if he files for the secondary. > is this correct?

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

Edited July 3, 2015 by Buck52

[Gastone]

IU is a very difficult rating to get, as well it should be. Barring the 20 Yr Rating Lock Anniversary, significant improvement of SC conditions or 12 months of continued earned income above the SGI $12,400 or $11,400 if over 65, could trigger the Rating Reduction Letter.

Any NEW Comp claim would require a C & P unless a Vet did a FDC with all the recent Medical evidence, including DBQs, attached. If the RO had originally awarded P & T, No Future Exams Scheduled, another Rater isn't going to challenge the non issue SCs; without cause.

The IU and Earned Income is a different story, I think at least until the Vet hits the 70 yrs old mark.

When I was awarded IU in 2014, there was no mention by the DRO or in the Award Letter, as I recall, about the requirement to complete a VA 21-4140-1 Employment Questionnaire. My understanding now, is the failure to return this completed form to the VA each year, is cause for a IU reduction to your actual SC rating. The VA is supposed to mail the form out each year but it's the Vet's responsibility to make sure a completed 21-4140-1 is filed each year, whether received from the VA or not.

Semper Fi

Gastone

[john999]

Buck

When I say a specific rating I mean any rating. If you have a 50% rating for sleep apnea for 20 years the VA cannot reduce it according to their own regulations. P&T does not mean P&T for any specific rating unless you have that rating continuously for 20 years. They can't sever SC after 10 years like PR says.

Gastone

I download the Employment Questionnaire every year and send it via Certified Mail/Return Receipt and I have had TDIU for 14 years P&T. I am not taking chances with those SOB's.

When I look at my ratings it does say I must fill in the VA 21-4140-1 until my 70th birthday. I do go to the VA for treatment of my SC conditions even though they are not worth a damn. Even though I am 65 and definitely unemployable for a host of reasons now I still go to the VA. I can't quote all the regulations, but I have seen them so often on Hadit I know what they mean since we have discussed this stuff often and it is confusing. Why shouldn't P&T mean actual P&T? That is the tricky VA. If you are vulnerable to reduction I suggest you at least get treatment for your SC conditions at the VA. You don't have to let them do anything invasive no matter what they say. I would not let them do a colonoscopy on me or endoscopy on me.

John

[Buck52]

Gastone thanks for your input I appreciate it.

As for as getting a C&P for the previous sc p&t disability, its no problem ,but to me its really uncalled for when the disability will never show an improvement and its rated static & of permanent in nature and the veteran is older than 55...I'm just going by what the CFR'S state ...Which I learned from carlie back when she got called up for a needless C&P However like you mention maybe IU is a different story!

I believe when the veteran has been rated IU P&T For 10 years or more concurrent & No Interruptions He don't need to send in the

21-4140-1

I had sent in the 21-4140-1 every year on my anniversary award date /like yours there was nothing about sending in that 21-4140-1 questioner letter on my Award letter either.

Matter of fact I do remember my DRO telling me that I may get this employment questioner letter on occasion to fill out and send back, I never got one but I did fill it out every year

Then my(RO) sent me a letter stating I don't need to send that form in anymore about my 11th year with tdiu p&t I been TDIU for almost 15 years now concurrent

I stopped sending that form in about 3 years ago, so for nothing back from RO?

I don't understand why all RO's never sent the letter out to there veterans like my RO did?

Thanks John999 I got it now.

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

Edited July 5, 2015 by Buck52

[Gastone]

My 21-4140-1 is locked & cocked, just waiting to see if the VA sends 1 or not. 21/2 yrs and a wake up till 70.

Semper Fi

Gastone