tdiu VA says they made a CUE in awarding me IU.

[Speaking Out]

VA says they made a clear and unmistakable error in awarding  me individual unemployability in 2012. My combined rating is 70% and my award letter from 2012 rated me permanent and total. I received a letter that my claim fell under a special review and the CUE was discovered. The letter doesn't say what the CUE is.  I met the criteria when I applied and also got SMC K.  Why would an IU rated P/T get pulled for a special review? 

Edited August 30, 2015 by Speaking Out
clerical

[Speaking Out]

The only proof I have is that the examiner had the information when they gave me my C&P exam for the IU because we talked about my work history and how my SC disabilities affected me.  

[RUREADY]

You did not response to the letter and did not submit evidence of your employment history and what disabilities cause your unemploybility. The VA examinations do not show any evidence that you are precluded from employment.

Do you have this evidence now or can you get it ?  You maybe able to stop this was you working

at the time.

 

[Berta]

Does VA still require those forms annually that vets used to have to sign and send back, stating they are still unemployed???

Could that be the problem here?

I dont get this:

"In regards to decision rating dated October 2012 we have granted entitlement to individual unemployability and chapter 35 benefits in error. You did not response to the letter and did not submit evidence of your employment history and what disabilities cause your unemploybility. The VA examinations do not show any evidence that you are precluded from employment."

Geez, arent they supposed to get the employment info from past employers BEFORE they make a TDIU award?

So you get SSDI for the same SC disabilities?

I wonder if this came from a recent IG review. It sure is concerning that when the IG goes into a VA to check their error rate, they dont usually look at more than 100 claims decisions and they do find errors in many TDIU decisions.But I would think those errors were Not detrimental to veterans.

Do you have a vet rep? And if so do they have anything in their POA file that might help you?

Like maybe they never received the "letter" either and should have.

[RUREADY]

Bertha you are still suppose to turn in the form but I never do

[Speaking Out]

The DAV is my POA. I am waiting to get a call back.  I do not get SSDI.  I was not working at the time I applied for the IU in 2011 and hadn't worked since 2005.  I have never received an employment questionnaire since the original one I did at the time they scheduled my IU C&P.

 

Here is what happened...

I am a volunteer veteran advocate. In 2012, I was contacted by our local television station about a story on the backlog of claims and was interviewed as part of the story and that aired on a Monday evening.  On Tuesday morning my DAV representative called me and said the VA regional office had contacted him and said that if I could fax them a copy of my most recent surgical report that they were ready to rate my claim that day. I got the surgical report and faxed it to my DAV representative who took it to the VA regional office and three days later my claim was adjudicated.   They granted me the increase in my service connected disability pay for PTSD, endometriosis, temporary 100% convalescent due to surgery, special monthly compensation for the loss of the uterus. They deferred the decision for individual unemployability because an individual unemployability compensation and pension exam was not performed.That is when I filled out the employment history paperwork and sent it to the VA. Because I haven't worked since 2005 there were no employer's listed on my form but I attached a sheet that listed in 2005 I worked for a few months 10 hours a week in a child care room of a local fitness center I gave the name of the fitness center as it was out of business in 2012 and then I listed my employer from 1999 through 2000 and for that I worked for part time and I gave their address and my supervisor's name and telephone number.  Two weeks later my compensation and pension exam for IU was scheduled.  I completed that exam and 4 weeks later the money for the individual unemployability claim hit my checking account before I got the notification from the VA that it was approved.  

If they did a review and the paperwork was not in my file, why would they automatically propose cutting benefits rather than ask for the paperwork because there would have been no way this claim would have been approved if that paperwork wasn't with the claim at the time.  Also, could this special review be a way the VA is trying to cut the rolls of veterans receiving IU.  Or is it possible that I was targeted because of my veteran advocacy work?

[Navy04]

I'm with Berta, as I think that maybe the VA mailed you a letter, and whether you got it or not, it was never filled out and sent back. I personally know of 2 Vets that had their IU reduced, due to not completing the form and mailing back to VA. Sorry you are going thru this, and please keep us posted. Good luck