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

[john999]

I agree with Asknod.   The burden is on the VA since the decision to grant you TDIU P&T was made final.   I tried to climb that hill from a different direction and I can tell you that is should be as hard for them as it was for me.  File the NOD on the official NOD form and ask for a personal hearing on this proposed reduction.   I think I would also get a VA lawyer ASAP.   You do say that you combined rating was 70%.  Were any of your ratings at least 40%?  That might be a reason they are calling CUE, but that rule is only part of the rule for being eligible for TDIU.  The regulation says that if you are unable to work solely due to your SC disabilities then you qualify for TDIU.  The part about being at least 70% with one disability rated at least 40% is an add-on just to make it harder.  The rules about having at least 70% combined with one disability at least 40% is an after thought to the spirit of the regulation.  The only reason they can validly reduce you  is if you are currently working, or there was some problem with your character of service, or if you did not keep them informed about your continuing eligibility for TDIU.   The employability eligibility form we send in every year is no joke.  You must send it and have proof you sent it even if they don't send you one to fill out.  I download a copy every year and send it certified mail/return receipt every year for the last ten years.

[RUREADY]

PUREADY,

Your just a little bit paranoid about  gettingTDIU P&T & working right? Well your right if a veteran works for pay and getting TDIU   he/she will probably get a letter propose to reduce.

 

However

Show me in the CFR'S or any VA Regulations  that a veteran can not do volunteer service if he /she is sc at 100% or TDIU P&T WITH SMC's and if they do they will be reduced in rating?

Doing volunteer service  the veteran is not paid a dime.  It's just giving your time to help others and helping yourself doing so.

I think the VA would welcome veterans to volunteer service...its good for everyone!

I know a war war II veteran that volunteers every morning around 5:00am at my VAMC  He is 96 years young  in a wheel (electric)  he meets the veterans every morning welcoming them with hot coffee cream sugar...he is  getting TDIU Plus 4 OR 5 SMC's  he has been doing this for the last 40 years  and he is the kind of veteran I look up to and I & other veterans show him a great deal of respect for doing what he has done and sill doing.  he still wears his old units uniform with all his medals  and I think he is awesome  and  represents what a great veteran truly is.  I enjoy listing to his war war II stories.

We all know if we are getting TDIU  Rather or not P&T CMC's... We all know we can't work and make lots of money...actually we can't work if we wanted to!

& sure if we do then yes  the VA will be down on us and yes reduced our rating.

Volunteer Service is a whole different subject   its not meant to be your working for pay but helping in a good cause. and for some veterans its good therapy.

if your able?  to try it some times you might love it and meet some wonderful folks at the same time.

we all need to get along and be polite to one another and keep things civil

PUREADY  You need to keep it civil to each other and be more polite in your post.

 

...........Thank You!

 

....................................Buck

 

Try 3.9 cfr   http://helpdesk.vetsfirst.org/index.php?pg=kb.page&id=2168 and do a google search

volunteering and getting TDIU OR IU VA. Its lots of reading for you

[Buck52]

okay, Well it says  veterans need to be careful....that was not a lot of reading for me  pretty simple!

Do you happen to know of any IU  veterans that have did Volunteer work & got there rating reduced ???

''probably not''

 

Thanks for looking that up PUREADY.

 

..........................................bUCK

[RUREADY]

yes I know a few and there is information on line about this, also I said before

most vet centers wont let you volunteer if they know you are getting IU or TDIU

and most vets is smart enough to know if you can greet a person and sit behind a desk for

say 30 hours a week. VA says he does this every week you can work. Or like me I love baseball

I was a coach and a winner all this had to stop because I couldn't afford to loose my compensation

you never know who is looking or who is mad with you because you get more the him or living better.

This is a old post but look what happen to these vets

 http://www.blogs.va.gov/VAntage/3562/loss-of-va-benefits-is-it-true/ 

https://www.google.com/search?q=can+you+do+volunteer+work+while+on+disability&ie=&oe=#q=can+you+do+volunteer+work+while+on+tdiu+disability+va

VA is trying to cut as many benefits as possible be careful when getting IU and volunteering

Edited September 9, 2015 by RUREADY

[RUREADY]

I forgot this I'm 80% disable getting paid at 100% because I'm total disable individual unemployable .

So I know just a little bit about this

[Buck52]

Well were getting off topic!

  I was just referring  to some veterans that do volunteer maybe an hour a day of there time   the older veteran I mention who served in war war II, 

He enjoys getting up about 4:00am and the Area rapid Transportation comes picks up up at his home and takes him to the VAMC he is there 2 hours couple days a week and goes back home  he loves welcoming Veterans.

Lets get back to the original posters topic.

 

..................Buck