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Is TDIU eligibility the only thing reviewed?

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slangpdx

Question

I am working with county VA reps trained by the state.  They say they file about 1 TDIU claim a week with about a 70% success rate.

I was awarded 70% SC in 2011 mental health related with no review since then.  I have not worked for 3 years and have continued to see VA psychiatrists and have been moved to a primary care unit where docs are psychiatrists.  Multnomah County Oregon, Portland VAMC. 

County rep says the TDIU claim involves assessment for TDIU ONLY and will not readdress the 70% rating at all.  Is this true? 

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I have read the posts in your thread so far and I am fairly sure there is a terminology gap between you, your VSO and what you are posting here.

In one post you say they sending you for an IMO.

I would be willing to bet this is to try to forestall the VA from doing a PTSD increase review C&P and relying solely on Voc Rehab giving you training.

I suspect they believe that by doing that you may be awarded TDIU.

I also suspect they are wrong per other posts here in this thread which have explained it very clearly.

Things for you to know

1) MH claims can be reviewed at 1, 2, 3, 4, or 5 years from initial claim. The review cycle should be in your initial award letter.

2) Getting Voc Rehab is not an automatic denial of TDIU...it is long and complicated but for now leave it at that.

3) as the others pointed out a claim for TDIU is not a standalone claim. You must explicitly tell the VA which of your SC conditions you base your claim for TDIU on. They can administratively reject your claim if you don't do that.

4) MH claims are different than every other type claims in the VA system and the VA keeps tight reign on awarding benefits or increases under MH. An IMO can help at the boar or even at the RO, but it will never be completely substituted for the VA sending you for a review.

5) If you do get TDIU and then get a job that pays more than the Poverty Level Wages, you WILL be put under review for the TDIU status. You can lose it after the VA goes through a specific process over a year or more.

Find and read the TDIU regs for yourself. If what you post is 100% correct, your VSO is misrepresenting the situation.

 

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