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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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slangpdx

TDIU attempt advisability

Question

I had filed an intent to file in Feb 2019 but decided the wise thing to do was to role it over to another intent rather filing for TDIU in Feb 2020.  I have 70%  SC for mental health issue, won on appeal using an IMO in 2010.  Decision said "deferring decision on TDIU", don't know if that meant there was a presumption in favor of it or if that is boilerplate.  County vet rep urging me to go for TDIU.  I went to see a psyche who worked at VA regional for 22 years, he confirmed it is a risk if it goes across the desk of the wrong person for a reduction.  Since my VA award in 2010 I got an SS disability award for the same reason as the VA determination in 2018.  Psyche said that would potentially be of help on a TDIU request. 

I was in state voc rehab system for about 2 years, they just terminated my situation, saying there is nothing they can do to help me, I have that in writing.  Have been with VA rehab also, they have just pushed me into classes, which I cooperated with with two As.  Current counselor told me point blank they do not help anyone get jobs. 

 

Please do not read anything into this post that is not there.  Trying to give just enough info for a helpful response. 

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Posted (edited)

Sorry but I must be blunt and try to read into every post for the best response.  Well here it goes. Anytime a veteran meets the TDIU criteria, he/she should file for TDIU if the veteran's symptoms warrants the rating and cannot work and is not working. A lot and I mean a lot of VSO's discourage veterans not to file new claims or not to rock the boat but I say they are fear mongers. Yes, a veteran can get a decrease in rating but not likely.  Mental health disorders don't get better, they normally get worst. If you have a Voc Rehab letter stating it is not feasible for you to continue your Voc Rehab program and terminated you, that will also help in granting you TDIU. 

Now me reading into your situation.  If you are solely rated 70% for a mental health condition, VA could rate you as 100% scheduler for your mental health condition but be forewarned that VA may say that you are incompetent to handle your own funds. I am not saying this to upset you or scare you,  it is something I have seen over and over again.  If this is the case, if you are married your spouse can be your fiduciary or maybe a close relative.

Edited by pete992

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The SSDI award also is Great evidence, as you said it is solely for your VA SC.The Psyche is right.

Make sure on the TDIU form that they are aware of the SSDI  for the same SC.

They should send you an authorization form- unless things changed, to get the SSA findings.

You might be able to even get a very favorable EED, on the TDIU with SSDI evidence.What I mean is:

Mt deceased husband had two claims ending when he died. He made me promise to continue those claims if the VA "killed " him. He had filed  1151 claim and TDIU claim. I said Honey the VA isn't going to kill anyone.He suddenly collapsed 4 hours later and I could not revive him with CPR.

Almost 3 years after his death I won FTCA for wrongful death and also 1151 DIC, subsequently changed to direct SC due to untreated and undiagnosed AO DMII.

The first award letter I got on accrued was a posthumous award for 100% P & T for PTSD.

Although he had filed the TDIU claim about one year after he also had received SSDI for PTSD, the VA gave him not the 1992 EED for the VA claim, but 1991, due to the SSDI award.

SSDI contains an independent medical finding. The regulations for that type of favorable EED is here somewhere at hadit.It is a regulation based on when "entitlement" arose.

I heard a vet rep at the local VA tell a vet who had applied for TDIU- "that is very interesting" when the vet mentioned to him that he received SSDI solely for PTSD.I don't think the rep even mentioned that or checked the box for it,  on the 21-8940 that  he was filing out for the vet.

I caught the vet going to his car ,as he left the VA and advised him to make sure the VA knows of his SSDI award.

I coudn't help but overhearing what the rep said.

 

 

 

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Pete 992 is right as well. And I too read into posts any info I feel the vet might be missing, because Knowledge , as Tbird says, is POWER.

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Posted (edited)

I have read, over and over, the criteria for reductions.  NOWHERE does it say anything close to "when the Veteran applies for an increase, then decrease him instead".  

If you meet the criteria for an increase, then you certainly dont meet the reduction criteria which requires "actual improvement under ordinary conditions of life."  

If one INSISTS on worrying, then worry about something more likely to happen, such as "What are you going to do with all that money when you buy a lottery ticket?  Friends will come out of the woodwork, and I cant give them all money"

Or, you COULD use your time more productively (rather than  worry) doing things nice things for your spouse, calling a old friend, making a new friend, learning something new, such as playing chess, expanding your garden to give food to the homeless (that is what Alex did), or many many other good things.  As Will Rogers said it, "Worrying is like paying a debt you may never owe".  

Continue your persuit of tdiu if you are not able to work due to sc conditions, especially if a doctor said that.  

Edited by broncovet

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19 hours ago, pete992 said:

 

 but be forewarned that VA may say that you are incompetent to handle your own funds. I am not saying this to upset you or scare you,  it is something I have seen over and over again.  If this is the case, if you are married your spouse can be your fiduciary or maybe a close relative.

I have no one who could be assigned to function in that capacity, unless it were a friend, but I don't need it.  Never declared bankruptcy, perfect credit history, have paid rent on time at current address for 16 years, had VA home loan which was paid off and got my eligibility back, which I'm sure VA can verify.  Have savings and IRAs.  So, what would be the basis for a non competency determination?  Do they means test at all, i.e., would I have to furnish a statement about assets?  Have not heard that to be the case, at least not for SC claims. What are their  criteria for doing this?  No one at county VA, state, or the ex-VA regional psyche mentioned this as a possibility. 

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  • Our picks

    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
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