Filed For Iu. Old Standard Or New Standard?

[texasvet]

I am 90% SC'd. I recently filed for IU and the VA has ordered new C&P exams for all of my SC conditions. None of my SC conditions have gotten any better.

My question is "which standard" is used to rate me now? I was rated back in 2003 and one of the standards that applies to me has since changed.

I know that any time a veteran files a claim, especially for IU, that the veteran can either be reduced, kept at the same level or increased. So, I knew what I was getting into when I filed for IU.

So, original standard or new standard?

Thanks,

TV

[Philip Rogers]

Probably the new standard/rule. The previous standard/rule would have been used if you filed had a NOD, appealing their decision and requesting TDIU, within the one yr appeal period. jmo

pr

[Gastone]

Tex: Are you 30% or 90% SC? Is your IU claim from an "Inferred IU" notification in your recent VA Award letter? If not, what has changed, that makes you think you meet the VA IU criteria. What medical evidence is now available that confirms your IU claim? Are you unemployed currently, how long? Individual earned income been less than $12,400 (under 65) $11,400 (over 65) last 12 months? Is this solely due to your SC conditions?

As to which "Standard" 2003 or 2015 will be used. If your IU claim is NEW and not appeal issue from 2003, your current SC Medical issue status will be all that matters. An IU rating, unless your 70 years old, is always open to reduction if you no longer meet the IU criteria. If your personal earned income exceeds the VA "Substantially Gainful income" threshold of $12,400.00 per year or your SC' improve to a point where you should be able to do and earn an "SGI" income, your IU Award could be up for the reduction.

You indicated you had a number of SCs. Which SC's make you IU? A Vet could have a 90% SC rating with a large number of small SC% ratings and really not meet the IU qualification.

Semper Fi

Gastone

[texasvet]

I'm 70% PTSD, 30% Migraines, 30% Keratoconus for a total of 90%. I'm in my 60's and I haven't worked in 6 years, due mostly to my PTSD and also to my eyesight. Migraines several times a month don't help either. There is no distance that I see clearly at due to my eye problems and headaches are daily.

I thought that I had read somewhere that once a person is rated, that the standard for the award that was applied at the time stays with the veteran forever, unless the standard becomes more beneficial to the veteran. For example, if Sleep Apnea was reduced to 30% from 50%, even with a review or a claim for IU that looks at every Service Connected disability, the veteran would be "grandfathered" with the standard that applied at the time of the initial rating.

That make sense or am I way off?

Thanks,

TV

[Navy04]

Welcome aboard bud, and Gastone is right on the Money. Good luck and God Bless

[Chuck75]

I am 90% SC'd. I recently filed for IU and the VA has ordered new C&P exams for all of my SC conditions. None of my SC conditions have gotten any better.

My question is "which standard" is used to rate me now? I was rated back in 2003 and one of the standards that applies to me has since changed.

I know that any time a veteran files a claim, especially for IU, that the veteran can either be reduced, kept at the same level or increased. So, I knew what I was getting into when I filed for IU.

So, original standard or new standard?

Thanks,

TV

If the laws allow either standard to be used, the one most favorable to the veteran must be used.

[broncovet]

38 cfr 3.114 explains a change in regulation or "liberalizing law".

In a nutshell, you are to get the more favorable version.

https://www.law.cornell.edu/cfr/text/38/3.114