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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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Fearless

[HELP] proposal to reduce + denied tdiu

Question

Posted (edited)

I do not know what more I can do. I was denied tdiu and now they want to reduce my percentage.

I am flagged by the VA as high risk, I take multiple medications (antidepressant, antipsychotic, anti-anxiety)recently my LCSW said that I could not work the  way I am now.

Do I ask her and my psychiatrist to write a letter stating this?

They do not mention my ability to work in my online health records, so I believe that may be screwing me over.

Do I ask for a hearing, or do I wait for the reexamination? 

Exam: http://imgur.com/a/x4bGfv1

Edited by Fearless

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The VA is saying  over all  evidentary  records shows the criteria for your 50% is closely  as what the correct rating and not the 70% they gave you under the 38CFR4.7 CFR 4.26

you need to have more symptoms like  occupational  social impairments like  work school social behavior toward family and others this would be under the 70% rating criteria  they are say you have the 50% rating criteria after viewing your medical records    so this means your therapist has said your showing an improvement, if you don't feel like you have made an improvement over the course of your treatment  you need to ask your therapist or let her know you don't feel like your better  its either about the same or worse. 

I would sure try that and see if she will write you that letter that your condition has not changed..if she won't  request the hearing review and gather up your evidence that says you meet the 70% criteria rating or higher... you might need to go get a IMO/IME to present as your new and meterial evidence  if your therapist won't help you on this.

 

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19 minutes ago, Buck52 said:

The VA is saying  over all  evidentary  records shows the criteria for your 50% is closely  as what the correct rating and not the 70% they gave you under the 38CFR4.7 CFR 4.26

you need to have more symptoms like  occupational  social impairments like  work school social behavior toward family and others this would be under the 70% rating criteria  they are say you have the 50% rating criteria after viewing your medical records    so this means your therapist has said your showing an improvement, if you don't feel like you have made an improvement over the course of your treatment  you need to ask your therapist or let her know you don't feel like your better  its either about the same or worse. 

I would sure try that and see if she will write you that letter that your condition has not changed..if she won't  request the hearing review and gather up your evidence that says you meet the 70% criteria rating or higher... you might need to go get a IMO/IME to present as your new and meterial evidence  if your therapist won't help you on this.

 

@shrekthetank1 @Buck52 

My mental health has been a downward spiral. I meet with the LCSW once a week, and the psychiatrist once a month. I will ask both of them if they could help, but if not i'm screwed.

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First off I do not believe your mental health people are screwing you over.  They have to be very careful about putting things in your records that could be used by a rater.  If your health is in enough of a downward spiral and you are stressed about the reduction, especially if you are contemplating bad things or if you are drinking with your medications, maybe you should talk to your LCSW or doctor about checking into the mental health facility for two weeks.  During that two weeks they will perform a full workup on you and make a report.  Just know that you will be in a locked down ward.  I was asked once to come into the facility before they would give me any more medical treatment.

Anybody else have any thoughts on this?

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yes    but remember your time limit to address the proposal to reduce letter... .

if you can submit new evidence that your MH has actually got worse  an increase is a possibility if it meets the 100% criteria  but at 70% if it keeps you from working definitely file for IU. and Remember you need to file for IU  they  won't just give it to you but in some cases if this disability keeps you from working  at the 70% and your actually worse since this rating  the rater is suppose to look at your current rating and if an increase is warranted  then they know your not working then is a Mandatory rating you be given IU   usually with P&T if the disability is not expected to improve during your life time. and is of chronic or shown to be worse

but first  go back and look at your MH NOTES in Myhealthevet to see what all they said during your course of treatment  this will be having to look a  alot of your MH Records  so go slowly and read over all of them especially during this lat year.  to see what your Dr and therapist have been saying about your disability...  they are about the only known reason your  R.O. gets a hold or see and reads this information  they put into your health records as their reports of treatment   either your about the same with treatment or your worse with treatment. or shown an improvement  in this case their showing you have Improved.

you need to prove other wise!!!

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What everyone is listing above is good advice. I would go back to my doctor and ask them to write down all your symptoms. When you talk to them about all your issues don't exaggerate but don't hold back too. Are you collecting SSDI because of your depression? If so submit everything you have from SS as part of your evidence.

Also have you applied for any other disabilities related to the military? Even secondary to your depression, the more disabilities you have been granted the better off you will be. JMO

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