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Are there any risks of losing 100% p&t if I file for IU?


NamVetJ

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I just recently received a decision that I would go from 90% to100% P&T. My VSO recommended that I now apply for IU because there would be an increase in compensation, if granted. My question is this...If I file for IU and get it, would there, indeed, be an increase in compensation? Are there any risks involved, I.e., would the VA reopen my case and reconsider my award, possibly moving it down? Are there any other risks? Incidentally, I filed for IU way back, along with other things. In the award letters I subsequently received, the VA said "Consideration of IU is moot at this time." In the last two letters, there was no mention of IU at all. Any guidance would be appreciated.

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Yes.   VA interprets every request for increase as an admission you are not entitled to what you have and automatically decreases you.  Or this is what VA employees and VSO's suggest.  Hogwash.  

If you read the criteria for reductions, no where does it list "requested increase" triggering a reduction.  

If you somehow improved, or otherwise are not entitled to the benefits you now have, you are due for a reduction.  This happens no matter what.  Reductions "do not" occur because you asked for an increase.  You either meet the criteria for a reduction or you do not. It does not matter if you seek an increase or not, if you meet the reduction criteria, you will be reduced.  

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The only reason to request IU that I can think of   is your VSO is thinking they will take your disability's and add them up to see if they meet the SMC-S1 Criteria for statutory ratings after you become IU.

However VA may have committed a CUE  when they awarded you the100% going from a 90% disability to 100%..if you had another condition that warranted a 50%increase or your existing disability was worse to warrant a 50%increase  this would be the correct rating  but if it was more than 50%  then you should have recieved the SMC-S1 Rating

Maybe this is what your VSO is thinking to apply for the IU???

JMO

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

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Thanks to all who responded. Let me provide some background...I recently a applied an increase in my diabetes II because my diabetes treatment had gotten more involved, and it warranted an increase. At that time, I was 10% for coronary artery disease, post miocardial infarction, . This was moved to 100% in my last VA evaluation.  My diabetes myelitis II went  from 20% to 40%. My neuropathy  stayed at 10% for my feet and 20% for my hands.  Tinnitus, 10%. PTSD, 70%. Lung Cancer, 30%.

When I visited my VSO, she mentioned that if I applied for IU, and it was granted, my compensation would increase up to $1,500. I was concerned that if I applied for IU, it would open my case for reconsideration. Broncovet assured me that applying for IU would not trigger a review, only an improvement in my conditions could.

Is my VSO right about the increase in comp?

 

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i'm thinking no. you have a 100 percent plus the 70 percent for housebound (if needed). probably have enough percentages for other smc's. but heck others know more than i do!!

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I think IU is moot per the VA letter. You have a 100% rating on one issue, plus others. I think you need to apply for the SMC's you now qualify for, based on the various rating.

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