TDIU Claim Question

[jm0365]

Hello,

I recently received a 70% rating last month (10% Tinnitus, 30% Migraines, 50% Bipolar). I want to file for TDIU, but I am nervous that the VA will try to find a way to reduce my benefits. I haven't been able to work for almost 3 years. My wife works, but we are counting on the VA benefits to make ends meet.

My specific question is: How do I file for TDIU, will I have a new C&P exam for a TDIU claim, and can the VA use this exam to try to reduce my benefit. 

[broncovet]

You have been listening to too many lazy VA employees and lazy VSO's, who would rather see you "settle" for less than you deserve than create work for them by asking for all you deserve, so they use the unethical tactic of "FEAR".  

Knowledge beats fear.  Faith beats fear.  

Here is a way to increase your knowledge:  READ the reduction critieria, and see if you meet the criteria for reduction.   NOTICE:  In the criteria, there is not anything that says anything close to, "When the Veteran applies for an increase, reduce him instead."  

Quote

§ 3.344 Stabilization of disability evaluations.

(a)Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of theservice-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b)Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c)Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

 

[Buck52]

 I agree with broncovet.

 

other questions for you.

How long have you had these ratings? was they all decided at the same time? do you have a NOD in at this time within less than a year?

for increase?

if you have filed for the IU that is filing for increase.

but at the time you was awarded all these ratings  ...was you working at the time? or you was not working at the time because of these service connected disability's? if you were not working at the time you was awarded  AND You let the VA know you was not working  that you could not work b/c of your s.c.disability's 

 VA should have inferred the IU.

To file for IU  USE THE 21-8940 FORM

Edited November 1, 2018 by Buck52

[Buck52]

https://www.scribd.com/document/148923612/FL13-013-001

[jm0365]

2 hours ago, Buck52 said:

 I agree with broncovet.

 

other questions for you.

How long have you had these ratings? was they all decided at the same time? do you have a NOD in at this time within less than a year?

for increase?

if you have filed for the IU that is filing for increase.

but at the time you was awarded all these ratings  ...was you working at the time? or you was not working at the time because of these service connected disability's? if you were not working at the time you was awarded  AND You let the VA know you was not working  that you could not work b/c of your s.c.disability's 

 VA should have inferred the IU.

To file for IU  USE THE 21-8940 FORM

Thanks for the replies. These ratings are all decided at different times, but I was not working when I was awarded my rating for Migraines and Bipolar disorder. My rating for Bipolar was a week ago, and I don't have an NOD. I submitted the claim myself and didn't mention that I was unable to work. When I filed the claim I wasn't aware of TDIU, or much else about the process.

I will fill out the 21-8940 form and go from there.

Thanks for the help.