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?

[Jerrel]

On 5/29/2017 at 5:46 PM, Buck52 said:

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

Well put Buck thank you..

 

[Jerrel]

On 6/2/2017 at 0:14 PM, jbasser said:

We did this show to bring awareness to a potential disaster scenario for veterans receiving IU and SSDI.

I have been predicting events like this over the past several years. The CBO is a think tank that always brainstorms ways to for the Government to save Money. They are also tasked with the financial side for Bills by giving estimated costs for all bills. Their recommendations are really interpeted into each congressional piece of legislation. This time Mulvaney has really proposed a budget that shows an increase to the Dept of veterans Affairs by adding to the VHA and taking from the VBA. The improvements are Choice Card, Hiring Doctors and No Choice Card extension. Anyone tried to use the choice card?  The cuts to the VBA are IU compensation when a Veteran reaches age 62. 

This is still in the Congress as of this morning. If someone said It had passed the house then there was mistake made. If I did say that I was wrong and Apologize to the audience. 

Now is the time to act to show your representatives that you do not agree with this Proposal. All of the Big Veterans Organizations are against it. 

This budget also indicates SSDI will also be cut as it is known by the politicians as a form of welfare according to Mulvaney.  This means if you are a disabled bet under 62 and receiving SSDI you will be re evaluated by the SSDI in an attempt to sever your benefits. 

Also keep in mind that the Political Structure in DC has changed and things like this are more likely to pass then they were in previous years.  

JBasser

Thank You JBasser we like to clear up any thing that might be of error.

[broncovet]

Correct, VYNC.  That law would have to be changed ALSO for this to actually be implemented.  Great point!  

[wisconsinwalter]

I too called the President hotline and had a pleasant experience. Total talk hold was 24 mins. 10 on hold. It is to the Secretary office

I stand corrected on this not being the Presidents plan. I was informed it was. 

She said Shulkin came down to see what the prevailing issues were and this one was one of the most complained about. 

 

Shulkin is meeting with the President today and bringing it to his attn. 

thanks Marina53 for bring it up with the number. 

I also made a complaint about having to drop my knee replacement for a deal for P&T. 

A specialist is supposed to call me about it. 

[wisconsinwalter]

My appt is Thursday at 0900 at the CVSO. I don't hold much confidence in them based off of past results. I intend to file 6 more claims that I was told was moot or have developed as secondary issues. 

If they finally give me my stiff none flexible knee, that should get me over the top 

[Limekiln Vet]

Please sign my petition:

https://petitions.whitehouse.gov/petition/fire-va-secretary-shulkin-who-wants-steal-benefits-elderly-veterans-fund-his-pet-projects