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.

[321Iamdone]

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?

This is what we received first from the VA!!

[321Iamdone]

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?

My husband has been receiving TDIU since March 2013, based on his MD at 50% rate!!

[JR Reihs]

OP, you got some great info here, but I also want to add that since you had a Doc give him the topical cream, I would also suggest applying for the clothing allowance grant.....this needs to be done by Aug 1.

As was stated, now that you have filed an appeal, I don't think the VA will reduce the IU rating......he is still at 60% and not working while also collecting SSDI, which will be a major sticking point for the VA to overcome.

[SemperAye]

My husband has been receiving TDIU since March 2013, based on his MD at 50% rate!!

But does he also have a combined rating equaling 70%? I believe you need either one disability that is 60%+, or a combined rating of 70% total of all disabilities to receive IU.

[Berta]

"They found him unemployable for his depression and kept him at 50%,"

that doesn't make sense. Unemployable due to SC is 100% or TDIU.

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

Did they ever list the SSDI records as evidence?

1.If VA was aware of your husband's SSDI records and did not obtain them, that is a CUE.

2.If VA had those records but still ignored them, that is a CUE.

If VA does not know about the SSA award, your husband shoild whip it out at the hearing, and based on what you stated here, that would fix them but good.

You said the award was solely for his established SCs.

You have very little time left to request the hearing. That must be done.

If the answer is Yes to # 1 or # 2 above, you can send an IRIS complaint.

Tell them it is a CUE under evidentary regulations in 38 CFR. 4.6 in the IRIS complaint and tell them about the proposal to reduce.

Gert an email response from IRIS so that cant make stuff up on the phone.

I have filed many CUEs under IRIS (first one in 2005) as well as multiple CUEs via email lately because my printer was broke.

The CUE might cause them to stave off or drop the proposed reduction.

IRIS complaints go to the VAROs as well as to VA Central.

They sure acted fast on my last complaint that included another CUE.

But act on askinmg for the hearing now too and make sure you get USPS tracking slips for anything you send to them in writing.

Edited August 8, 2015 by Berta

[Berta]

38 CFR is here:

it is a basic right we have and I think they defy this regulation more then we know.