Damn, wait... what!?

[Buck52]

1 hour ago, kevin4998 said:

After reading up on the Total and Permanent.   It appears since they say in the document "Total SERVICE-CONNECTED disability, PERMANENT in nature", this would make me believe even though they still refer to my TDIU in the letter, it is a MUTE at this point as per that particular line would make me 100%.   BUT it still does NOT say those key words "No future exams".   I understand that I am still going to have exams to reduce or even raise my ratings, but it still worries me that they my go back to me being TDIU as per this letter and review the TDIU and remove it.   They really love to play the word games here, by omitting No Future Exams that leaves the door open to do as they please... that is if I did not fight it.  

 

No not exactly   if your rating decision was based from your TDIU Condition   that still don't mean they rated you P&T 100%scheduler, and the IU IS MOOT.

It depends on how bad your service connected disability is and rather or not it will improvement in your life time.

  Normally they give the P&T to veterans that have a service connected disability  that is likely as not will NOT improve in the veterans life time  TDIU OR 100% OR EVEN UNDER 100%  YOU DON'T HAVE TO BE IU OR 100% TO BE RATED FOR P&T.

Your probably P&T  but with the disability they rated you for   ''for the TDIU

If a Veteran is rated or given the IU under the 4.15. (b)  and don't make the 100% scheduler  say he is 80% or 90% but can't work due to his  S.C. Disability  and was inferred the IU  and is consider 100% and gets the 100% Pay .

but  he is sill consider his rating at 80% or 90%  unless he has another different & distinct  condition he can file on and get at least a 60% rating then he is considered 100% scheduler .

if  it don't say no future exams  this means you will likely have a dairy date within 2 years after your rating  to see if your condition has improved...or got worse.   

Don't feel to bad  there's been TDIU P&T VETS get an exam as well as 100% P&T Vets,  just depends on each veteran and there case and disability.

Now if you keep the TDIU P&T 20 years  CONCURRENTLY they will leave you alone   and normally they don't usually bother Vets that are rated P&T With no future exams scheduled.

 

[FormerMember]

Kevin4993's post w/ his RD is confusing. If he had TDIU before he got that decision dated 5/08/202, then look at the finding of fact. It says TDIU is established as of 5/08/2020/ This is the "reset" I've seen a lot of. They up one rating, drop another and call it good. If they drop it once, they'll be back. I see a lot of VA combining TBI w/ PTSD ratings-again just  a simple readjustment but I had a guy with 70% PTSD and 70% TBI lose the TBI and VA say "Well, the symptoms overlap and we can't figure which is which so poof! Bye bye TBI @ 70% but not to worry. It won't change your paycheck." Ah... excuse me but what about the SMC S that just evaporated with it? Turns out SMC isn't a rating like a disease. It's a quality of life "entitlement".

[Buck52]

The way you can tell for sure if your P&T or not  when your award letter don't say your P&T BUT HAVE A PERMANENT DISABILITY

P&T USUALLY COMES WITH CHAPTER 35 ChampVA  and educational Allowances for your spouse  .

Edited May 22, 2020 by Buck52

[pacmanx1]

Wow, well it is not unbelievable how VA can screw up a decision letter.  It jumps from you are service connected PTSD to Somatic Symptom Disorder. Even though it says that you are now rated P & T, it states "Because your disability improved as of the date of this exam which is the second exam to show an improvement, your pstd evaluation of 50 percent with a final overall unchanged combined 90 percent will not be reduce with your individual unemployability. 38 CFR 3.500".  When a veteran is rated P & T, he/she will most likely not be re-evaluated on the contentions of that date but if a veteran file new claims for new contentions, VA will exam those contentions. 

I may be totally off but I am thinking that you filed a claim for sleep apnea sometime around 2017-2018 and it was denied. Did you have a C  & P exam around this time? Did you file a claim for sleep apnea secondary to your PTSD/Somatic Symptoms Disorder? There are times when veterans file secondary claims, VA will also re-evaluate the direct/primary service connected disability.

[pacmanx1]

OK, I will admit that this particular rating is very confusing and that my brain does not work right all the time but this statement is not true. ASKNOD STATED "Kevin4993's post w/ his RD is confusing. If he had TDIU before he got that decision dated 5/08/202, then look at the finding of fact. It says TDIU is established as of 5/08/2020/ This is the "reset" I've seen a lot of."  This rating decision does not state this and further, I don't see that VA has change the veterans' TDIU effective date at all.  The decision only states that the veterans' DEA CH 35 has been established as of 05/07/20.  Is my brain going crazy and did I miss something and have to go back and re-read it again.  Please help my brain out?  Where does this say that? I hate that my brain is missing something that should be right in front of my face. I just don't see it. 

Thanks from this old poor veteran.

[FormerMember]

Reading comprehension is often the key to understanding. Sometimes it's right in front of your face. What I did was read the whole thread, sir.  

Mr. Kevin4993's original beginning post dated May 13, 2020 stated:

<<<<<So I had a review for my mental issues this past week.   I was rated at 70% prior to this past week, and with other combined service-connected issues I was rated 90% with TDIU  too 100%  This morning I logged onto e-bennefits to see if any changes was made.   I looked at the disabilities listed and sure enough they have dropped my mental down to 50%, was dreading this and expecting that... after all they cut and cut benefits don't they.   I was worried about loosing my TDIU so I pulled up my benefits letter with the details to see what if I could see my TDIU go "poof".. sure enough no TDIU...   

BUT, wtf is this?!

Damn! (sorry)

Copied and pasted straight from the letter:

"The effective date of when you became totally and permanently disabled due to your service-connected disabilities: May 07, 2020" >>>>>

 I deduced this to mean Mr. Kevin4993 was saying his prior "existing" effective date for his TDIU had changed and was now May 7, 2020. Others here on the site may disagree with me. It's just my personal interpretation of what I thought he was trying to convey and I freely admit I could be wrong. If so, I apologize for my ignorance.