Thoughts on change to IU at retirement age??

[wisconsinwalter]

I am 90% and IU, also P&T, I will be 52 next month. Is the retirement age 65 or 67?

i also got SSDI through wounded warrior program for SSDI. 

Does anyone believe this will go through with the new VA budget?

[porgee]

you ever thought they had to sell their card to get medicine for their kids or to 

get money for rent or electric  USA  have the money because we print it. We can give money

to everybody but our own. These are the same people who want to GUT TDIU benefits

from veterans who serve

Edited May 29, 2017 by porgee

[Buck52]

Right now as it stands this is only a proposal

 but this is why veterans should always file as many claims as he/ her or can  to boost up his rating past the 100% scheduler.

''VA VLB Attorney Chris Attig''has mention many times why Veterans that get IU from a combined disability but does not reach the 100% but can't work due to their S.C. Disability at what ever % they recieved  say 70%combined rating and the VA Inferred the veteran for TDIU P&T But paid at the 100% And no Future Exams scheduled, if this is his only rating  then this is who they will come after (in my opinion) from what I read...that veteran is still consider 90% using the extra scheduler CFR 38 4.16/4.17 (b)

§4.17a   Misconduct etiology.

A permanent and total disability rating under the provisions of §§4.15, 4.16 and 4.17 will not be precluded by reason of the coexistence of misconduct disability when:

(a) A veteran, regardless of employment status, also has innocently acquired 100 percent disability, or

(b) Where unemployable, the veteran has other disabilities innocently acquired which meet the percentage requirements of §§4.16 and 4.17 and would render, in the judgment of the rating agency, the average person unable to secure or follow a substantially gainful occupation.

[40 FR 42536, Sept. 15, 1975, as amended at 43 FR 45349, Oct. 2, 1978]

you will still get the 90% rating $$  but its a lot less than 100%... the 38 CFR (b) is what they want to take away.

I personally don't see how they can go against the CFR's 38 (b) ????

So to fix this if the veteran has another S.C. Condition he/she can file a claim for and get a 60% or higher rating  then the veteran should be moot on the TDIU and given a 100% final degree on his/her rating and  be inferred to the SMC-S

This will put you at the final degree 100% scheduler rating.

As VLB Attorney Chris Attig mentions why a veteran needs to get more  higher ratings  or if on IU using the combined extra scheduler at 60% 70% 80% or  90% just in case a Proposal to reduce his current ratings.

Check out your Myhealthvet Notes under VA Problem List and try to remember if any of these conditions can be SERVICE CONNECTED?no matter how small or what it is if its a claim file on it.

If takes several so what file  claims& see what happens? of course you will need to prove it happen while in the service  but it will raise your current ratings and maybe moot the IU.

 

jmo

Edited May 29, 2017 by Buck52

[porgee]

I don't see how they want the veteran to pay for the Choice program just seems to me

we will have to pay VA for health care insurance or Buck like you said cut congress pay 

to pay for it . But push your congressman on this issue its not right. We cant let this happen

[Gastone]

This is not the 1st time IU has been on the chopping block. The Bean Counters see a very large savings by eliminating and or cutting IU to Vets that also receive SS Bennies.

In the past, the proposed cut has always gone by the wayside and chances are it will this time also, but you never know. Best to be prepared and proactive, contact your Congressman and Senator. Midterm elections are coming up in 18, best to give them a piece of your mind now rather than cry later.

If there was ever a supporting reason for continuing to file Claims after being rated IU, this proposed cut is right up there. Remember how good it felt to finally get your IU T & P No Future Exams? I'll tell you, when you get a subsequent 100% Scheduler P & T NFE a few years later, oh what a relief that is.

Semper Fi

[Valhalla0321]

http://www.military.com/daily-news/2017/06/01/proposed-va-benefit-cut-angers-elderly-disabled-vets.html

[broncovet]

Im gonna take a minority opinon, here, which, in a nutshell is "Dont worry about it."  Sure, Write your congressman, but after you do, then stop worrying.  Here is why:

1. As they pointed out this is just a poroposal.  

2.  Its unlikely to pass for multiple reasons.  Mostly its the same reasons it did not pass before, and that is that politicians care more about their own careers than they do Vets.  A politician would be comitting suicide to his career to vote for a bill that cuts Vets benefits.  As Gastone and others pointed out this proposal has been circling around for years or even decades and nothing ever comes of it.  I think it largely goes in the rumor category.  

3.  Even if some part of it passes by dozens of politicians committing career suicide all at once, it faces some real execution problems.  First, it conflicts with 3.344 Stabilization of disability evaluations..  How is VA going to implement a regulation that conflicts with the others?    Too many regulations would need rewritten for it to happen, and thats unlikely.  If there is one thing monster VA is good at it is good at keeping everything the same.  Its hard to do anything with monster VA it reminds one of a glacier.  It moves ultra slowly and is super resistant to change.  VA has nothing in place to enforce any regulations, and you can bet this proposed change would be implimented willy nilly at best.  

     Now before I get attacked by angry Vets, I am not for anything that hurts Vets.  And I agree this sounds bad, and amounts to a cut in Vets benefits.  Due to its conflict with 3.344 and the fact that there is written into the regs the "benefit of the doubt" for Vets when there are differing interpretations, this virtually assures that nothing significant will happen.  For the Vets where this actually resulted in a pay reduction, they could apply for an increase which would lessen its effect.  Already, VA often shuns awarding tdiu, and awards 100 percent instead, and they have the discretion to do just that.  This would no doubt happen for many if the proposal was implemented.  The net effect would be that it reslut in more work for VA, and more backlog as current tdiu'ers would lkikely automatically be considered for an increease, or, at a minimum, most would apply for an increase.  Since many of these increases would likely be granted, since va had an option of rating that vet 100 percent instead of tdiu anyway.  This is precisely what happened to me..I had applied for IU and they rated me 100 percent instead.