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]

What the VA usually does if they find you unemployable due to a SC disability is to bump you up to at least 70% for a single disability. I was rated 30% for a mental health condition. I got IME's to support an unemployability rating. I also got SSDI due to the SC condition. The VA eventually bumped me up to 70% and then granted TDIU. They did hem and haw about it and I had to get an extra IME to get P&T after I got the TDIU. I have never really heard of them lowering a rating to deny TDIU. Usually, it is due to the Vet going back to work or working just enough to alert the SSA and IRS that he owes. The VA compares notes with SSA and IRS from what I have read to smoke out vets who get TDIU while working some job. Also, your SSDI award should be evidence of being TDIU since it is solely for your SC condition. Did the VA consider your SSDI award when you got TDIU? If not that is new evidence as well. I know that after 5 years at a total rating or reaching the age of 55 it is much harder to reduce a totally disabled vet. I think they are trying to reduce him because he has not been TDIU for five years. Is he 55 years old? They know that in a few years he will be beyond their reach so they are trying this lame and treacherous tactic now. Once you get this done I sure would ask for P&T so they will leave your husband alone.

John

[321Iamdone]

Hello to everyone, just an update on my husband's situation:

My husband was supposed to have an hearing on October 20, 2015. That was quick, since when we submitted our request for a hearing back in September. We gather all the evidence we could gather, with the help from all of you, and also submitted a claim as well as our request for a hearing. The claim was for PTSD, Headaches,Vertigo.

Well my husband got a call from the Dro and it was the rater, on the morning of the hearing, and he advised my husband that he did not need to go to the hearing, because the proposal to reduced his TDIU was a mistake. He said that his benefits will remain and will not be reduced.. That was such good news!! He also advised that the claim we put in will be processed later down the road.

Well later in the evening on the same day of the phone call, we looked at ebenifits and we saw where the hearing claim was positioned at preparing for decision approval, that was great, but we also notice the claim we put in was at preparation for decision phase, that was a surprise when he told my husband they will work on the claim later on down the road. We uploaded all medical evidence from va doctors and personal doctors, we also uploaded police reports during his time when he was in the military to support his PTSD. We also submitted Service treatment records from the military with statements from me and his sister who helps take care of him.

well the next day we checked ebenifits again and this time the claim was sitting at pending decision approval, this was on Wednesday and on Thursday (yesterday) the claim was at preparation for notification. So we checked his disability page and wow we was shocked, they gave him 80% Permanent and total disability with IU. The only disability they differed was headaches, I guess since he had no diagnose for it, it was hard to approve it.

So After 5 years of fighting, we finally can breath a little and focus on getting my husband treatment. But my question is this,

what should we do about the differed decision on headaches in anything?

What does 80% permanent and total divisibility mean?, is that the same as 100% disable? 

I would like to thank everyone who help us with this difficult situation and if it was not for you guys, this would have been much more difficult and probably have a different outcome, so again thank you guys so much!! And just in case you are curious, my husband is 42 years old!!

[john999]

Usually ,   what the VA will do when they rate a vet as being TDIU is that they will bump the disability that causes his IU to at least 70% to justify the TDIU award.  That is what they did with me in 2002.   Now the most important thing is to make sure you get that hearing request into the slimy hands of the VA within 60 days.  The deadlines for appeals are almost as important as any evidence you have.   Get the request for they hearing with absolute proof you are within the 60 days and then you can worry about evidence.  If he got SSDI solely for his SC mental condition that is strong evidence for TDIU and for at least a 70% rating. I recently sent in a NOD regarding a denial of full reimbursement for some dental expense I had.  I sent in two NOD's by mail on the NOD official form.  One NOD went to the Fee Base office since they are the ones who denied me and one to the VARO just to be sure.  Then I spoke to the Fee Base Office spokes person who does appeals.  She had no record of my NOD's.  She told me to fax it to her along with evidence which I did.  For all I know they will lose these faxes as well.  The thing with overkill when you file a NOD is not a bad idea since that form is so important just like your request for a hearing on the TDIU proposed reduction.  You must get it into their hands where they cannot deny they received it or should have received it.

 

                          John