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TDIU worth the possibility of Rating Reduction

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killemall

Question

Im currently rated 70% from the VA

 

50% hearing loss

10% tinitus

10% left shoulder

10% right shoulder

10% right wrist

 

I was recently awarded Social Security Disibility (SSDI)

My award letter states Social Security Disibility benifits are awarded due to...

 

Hearing loss

Tinitus

Right wrist

Left shoulder

Right shoulder

Meiners disease

 

*SO BASICALLY ALL THE SAME DISIBILITIES OTHER THAN THE MEINERS DISEASE*

 

I want to go give the VA copies of my social security award letter...

 

But I am terrified that they may make me do a c@p exam?????

I know my VA conditions have not improved bit all it takes is an evil or incompetent VA Dr. Saying somthings slightly improved and then my hearing loss or wrist ect. gets reduced in rating.

 

Is there a way to avoid c@p exams?

 

Does every TDIU applicant do a new c@p exam?

 

I feel that Im deserving, afterall the US goverment just said Im disabled for the same disibilities that are from my military service....

 

But the thought of c@ps and possible reduction is terrifying.

Im thinking about just giving the VA my Social Security award letter and hoping they can put two and two together and just infer TDIU on their own.

 

Any thoughts or suggestions?

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3 hours ago, killemall said:

Im currently rated 70% from the VA

 

50% hearing loss

10% tinitus

10% left shoulder

10% right shoulder

10% right wrist

 

I was recently awarded Social Security Disibility (SSDI)

My award letter states Social Security Disibility benifits are awarded due to...

 

Hearing loss

Tinitus

Right wrist

Left shoulder

Right shoulder

Meiners disease

 

*SO BASICALLY ALL THE SAME DISIBILITIES OTHER THAN THE MEINERS DISEASE*

 

I want to go give the VA copies of my social security award letter...

 

But I am terrified that they may make me do a c@p exam?????

I know my VA conditions have not improved bit all it takes is an evil or incompetent VA Dr. Saying somthings slightly improved and then my hearing loss or wrist ect. gets reduced in rating.

 

Is there a way to avoid c@p exams?

 

Does every TDIU applicant do a new c@p exam?

 

I feel that Im deserving, afterall the US goverment just said Im disabled for the same disibilities that are from my military service....

 

But the thought of c@ps and possible reduction is terrifying.

Im thinking about just giving the VA my Social Security award letter and hoping they can put two and two together and just infer TDIU on their own.

 

Any thoughts or suggestions?

I would apply for TDIU.  Yes, you'll have an additional C&P Exam to confirm your SC is static or worsening.  SSDI is great for TDIU support but, a VA doctors IMO covering the issues that make TDIU deserving needs to go straight into your VA Medical Records, preferably before your next C&P Exam.  New medical evidence and a continued treatment for all your SC disabilities is absolutely necessary.  Never stop or alter any of your treatments.  Remember, SSA can and will re-exam your SSDI every one, three, and seven years.  This is dependent up on how severe they think your disabilities are by their standards.  Should you get a favorable VA decision regarding TDIU.  Ensure that you share that information with the SSA.  I think TDIU P&T is best and sharing this with SSA has made them leave me alone.  Good Luck!

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I don't see anything in your SC's that would rule out the possibility of some sort of VA SGI  Sedentary Employment. The VA looks at your Education, employment history and ability to do even Sedentary Work that would produce in excess of the VA SGI ($12,400 per yr under 65 - $11,400 per yr over 65). A 30 hr a week part-time job earning $8.00 an hr, puts you over the SGI.

If you really think you're IU Qualified, I recommend you get a Professional VA Employment Counselors opinion. Go on your E-Ben account and file an application for VA Vocational Rehabilitation. In about 2 to 3 weeks you'll get an appointment with the VRC at your RO. If the VRC agrees you're "CURRENTLY" IU and ineligible for the VRC Program, you can request an official DENIAL Letter from the VRC. That Denial Letter is a piece of GOLD with regards to an IU Claim.

I used it at a DRO Hearing 06/14 and 5 other Nam Vets I work with, have been successful with their IU Claims or appeals using the VRC Denial Letter as N & M Evidence supporting their IU.

Semper Fi

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Ike the others have said I would file your not risking a lose just make sure you know what the exams are by doing research before you go in I'm not say lie just be informed

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I agree with Gastone, I used my no longer eligible for voc. rehab. and disenrollment from the program because the severity of my sc disabilities had made me not able to work or even finish my college program any longer.  That along with my award from SSDI based only upon my SC disabilities I was awarded IU PT.

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The way you avoid a C and P exam is to MAKE SURE you already have documentation (by a doctor) in your file that essentially states that you are unable to maintain SGE due to SC conditions.  If the VA already has said evidence they can not go doctor shopping to find a doc who can deny you.   Its called, "developing to deny" and Chris Attig has a lot about that on his website.   See this post:

A voc rehab expert opinion helps also.

   Its a "myth" that VA will reduce you whenever you apply for an increase or TDIU.  The criteria for an increase is when a service connected condition increases in severity.  Its not a requiremnet that you refrain from applying because you fear you may be reduced instead. 

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Thank you everyone

 

I used voc rehab to get my bachelors in business.  I graduated last October but I still have 36 months of voc rehab benifit remaining.

 

I have a detailed 10 page letter from Dr bash that does include the verbage that I cant work due to disibilities.

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