degenerative arthritis Letter From The Va To Reduce Tdiu

[321Iamdone]

Hello my husband is rated 70% currently for major depressive disorder and panic disorder without agoraphobia (claimed as depression) 50% since 03/2010

tinea versicolor (claimed as skin condition) 30% since 03/2010, proposed to reduced to 0%

residuals, left hand injury with degenerative arthritis of pinky finger metacarpocarpal joint 10% since 03/2010

intermittent vertigo 0% since 03/2010

ganglion cyst, dorsum of left wrist 10% since 03/2010

we received a letter from the VA saying they proposed to reduce his rating from 70% to 60%, because he had a C&P and the examiner just looked at his back for 2 seconds and said he is clear of his versicolor and the exam was over. Well we went to another doctor( outside the VA, and that doctor stated he still had it and prescribed medication for it. In the letter, the VA stated in order to get 10% for versiclor, my husband had to have been prescribed a steroid type medication not a topical anti fungal cream. Well he received an anti fungal cream, but they still said they will drop his percentage to 0% for his versicolor.

Then a few weeks later we received another letter stating that they will stop his TDIU he have been receiving for 2 years, because the propose rating will make him not qualify for TDUI, because he will now be 60% instead of 70%

.

My questions is this, he had a C%P done a few weeks ago and it was for both the versicolor and his depression. They found him unemployable for his depression and kept him at 50%, and of course said he was clear of his versicolor and proposed to drop that from 30% to 0%

How can we fight this? Can he still receive TDIU, even though he is 60% and still considered unemployable? Any help on this matter will be greatly appreciated.

Also my husband receives SSD solely based on his service connected disability.

[john999]

I have never heard of the VA taking away TDIU from a vet who is not able to work due solely to his SC disabilities. As Bronco says they must evaluate him under normal conditions of life which means when he is working. The regulation actually states that you are entitled to TDIU if you are unable to work due solely to your SC disabilities. The 70% rating requirement is an after thought. The intent of the regulation was to compensate vets who could not work due to SC disability. I would request a hearing right away if you have a letter stating they intend to reduce your TDIU. You might even consult with a lawyer who does VA work. They could pull a stunt on all of us if this reduction is legal. I have been TDIU for 15 years. I am 65 years old. Would they expect me to go out and get a job now?

John

[Berta]

"Then a few weeks later we received another letter stating that they will stop his TDIU he have been receiving for 2 years, because the propose rating will make him not qualify for TDUI, because he will now be 60% instead of 70%"
.



"I wrote a letter explaining that we wanted an hearing and explained in detail why they should not stop his TDIU. and attached a copy of the other doctor diagnose and opinion."

GREAT!

"Also my husband receives SSD solely based on his service connected disability."

Was the VA aware of that fact when they made the initial TDIU decision?

If not then, are they aware of that SSDI award now?

This is Bull Crap! Most if not all SSDI awards solely for one established SC, get a VA rating of 100%.or TDIU paid at the 100% rate.

They might have committed a CUE in this proposed reduction.

Can you scan and attach (cover c file number, name, address first)

their reasons and basis for the proposed reduction?

And also the Evidence list in the decision?

[321Iamdone]

Thank you all for your responses, I really appreciated. Here is a copy of what the V.A. has sent my husband.

We also fed ex a request for a hearing next day delivery, with signature required, along with our evidence to support why they should not stop his TDIU. along with faxing it to them as well.

Some of the evidence is their decision on his recent C&P on his Major Depressing Disorder, which last week the doctor added PTSD to his mental condition.

The most important part on their decision about his mental condition, stating that my husband has difficulty in adapting to work, difficulty in adapting to stressful circumstances, difficulty in adapting to a work like setting, in addition to, occupational and social impairment, with deficiencies in most areas, such as work, school family relations, judgment, thinking or mood.

They assigned him a 50% rating, saying that the rating remain the same, since approving his TDIU on March 2013.

His MD is the reason for TDIU, so since that did not change, I am totally confused on why they are proposing to stop hid TDIU.

I hope and pray after sending all the medical evidence and letter explaining why they should not stop his TDIU, they will continue his TDIU.

we have all his med records uptodate, and along with his new diagnose of PTSD, he also has an appointment for a hand surgeon about his cyst that wont go away.

their is nothing in his records that suggest his is employable, in fact it says quite the opposite. My husband has not worked since leaving the army back in 2010, that was his last job!!

I will keep you all posted on how this goes, and again thank you all for your input and wealth of knowledge!!

[321Iamdone]

Here is the first page of their decision, sorry about that!!

Edited July 17, 2015 by 321Iamdone

[321Iamdone]

I will try this again!!!

[iceturkee]

that page doesn't really tell me anything other than they are proposing to remove unemployability. if it hasn't been granted yet, then how can they propose a reduction?