Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

From TDIU to P&T 100%

Rate this topic


LanceJoseph

Recommended Posts

To clarify my situation, The BVA decided on a 2010 decision that I appealed. During that period I was unable to maintain gainful employment and after the decision I was awarded TDIU on my 70% ptsd. The rest of my ratings added up to over 60% percent with prompted the SMC-S. They did not however raise any of my other issues (knees and lower back) , At the time of award I did appeal their decision. Since that 2010 C&P the conditions have gotten progressively worse so I filed for an increase and in a few months and after another C&P I received an increase on three issues (back and knees) After adding up all disabilities I am at the 100% level.  

 

If I can give any advice to those seeking help to raise their rating if that disability has gotten worse is to cover your ass, do your homework and be honest. 

For this request for increase I had two separate IMO's, Costing about 300-400 each (WORTH IT) may be more in your area.  Also I added in two buddy statements, One from a good friend and the other from a professor that has known me over the years.  I sent this medical information to the evidence intake center weeks before my C&P and also brought copies for my examiner.  

Screen Shot 2019-12-30 at 12.48.24 PM.png

Edited by LanceJoseph
Additional info
Link to comment
Share on other sites

16 hours ago, Buck52 said:

 

Buck52

if your RATED TDIU AND THEY INFRARED THE SMC S  its because you  must have had another separate condition rather than what you got the IU for ...the seperate  s.c. condition was rated at 60% or higher  this is basically what got you the SMC . Now  if you decided to go back to work you take the chance of a reduction in benefts because they will come back and say that your condition  is not as bad as you claimed.  and rate accordingly  and this is not a pretty thing for a Veteran.but you always have the right to Appeal.

Im curious what the chances are that they will try and reduce me to below 100 if I try to return to work.  I have been working with VOC REHAB and counselors and my goal is to become employable again. My TDIU is based on 70% PTSD and I have had that rating for over 10 years.  

Link to comment
Share on other sites

  • Content Curator/HadIt.com Elder

If you were at 100%, that would be a different story because by definition it requires "total occupational and social impairment". The rating criteria for PTSD (MH) does not prohibit working if you have a 70% rating. I know some people who are 70% and still work, but usually they have been given reasonable accommodations by their employer to help them overcome their disabilities.

At 10 years, SC status is protected and your rating is considered stabilized. Essentially, your condition is not expected to improve. The VA would have to propose reduction based on sustained improvement. Once you have held 70% for 20 years, your percentage would be protected unless they find fraud.

Link to comment
Share on other sites

  • HadIt.com Elder

Yes I Agree with Vync, if they take way your IU Because you went back to work  you would keep your 70% unless they send you to be reevaluated  and that could happen C&P Exam  you could get reduced or maybe get an increase depending if your S.C. CONDITION IMPROVED OR IN FACT GOT  WORSE .

but most of the time you would keep your 70% and can work like Vync mention...you only got the IU because the 70% that you got its obvious you could not do the work you were trained to do  so the Veteran thats gets a rating below the 100% and can't work due to their S.C. Disability  are  inferred the IU. to be paid at the 100% rate but is 70% service connected.

Link to comment
Share on other sites

On 12/29/2019 at 9:28 PM, Buck52 said:

i WOULD GET WITH AN EXPERIENCED VSO OR AN ATTORNEY AND ASK THEM ABOUT THIS?....BEFORE YOU DO ANYTHING....

Thanks Buck, I am not really planning on going back to work because I would need to go back to school first and by that time I would be about 63.  I have decided that even if I thought I could it would be an unwise thing to do since I would probably be too old to be considered a good bet.

Link to comment
Share on other sites

11 hours ago, vetquest said:

I thought I could it would be an unwise thing to do since I would probably be too old to be considered a good bet.

The federal government does not care about age if you wanted to go back to work. Being a disabled vet, you would get hiring preferences. You might need to start out at a GS5 or 7 (it can be higher depending on education) but you can move up quickly. Plus, you will be eligible for health insurance and preexisting conditions don’t matter. They are also really good about making work accommodations to meet any disabilities that impair your work.

I have been working for the federal government since 1996 and have seen them bend over backwards to assist vets.

Link to comment
Share on other sites

×
×
  • Create New...

Important Information

Guidelines and Terms of Use