Moderator pacmanx1 Posted May 22, 2020 Moderator Share Posted May 22, 2020 (edited) 49 minutes ago, asknod said: 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 OK I get it, you basically went with what the veteran post but even though the veteran posted "Poof" sure enough no TDIU this can't be correct because TDIU and P & T are two different animals. Again It states the effective date of P & T is May 7, 2020. Not sure why he posted ( Never trust ebenefits/VA.gov) no TDIU because even the rating decision states that the veterans' TDIU is unchanged. We did discuss that in this thread that TDIU and P & T are not the same. Thanks I thought I was going crazy Edited May 22, 2020 by pacmanx1 Link to comment Share on other sites More sharing options...
Moderator pacmanx1 Posted May 22, 2020 Moderator Share Posted May 22, 2020 On a separate thought I have seen where veterans files for an increase to include TDIU within the same time period and VA grants the veteran 100% scheduler and state that TDIU is moot causing the veteran to lose out on benefits. Link to comment Share on other sites More sharing options...
HadIt.com Elder Buck52 Posted May 22, 2020 HadIt.com Elder Share Posted May 22, 2020 (edited) I am still confused on this rating and the Reason and Bases of the decision? How do they lower a veterans rating from 70% back to 50% and in the same paragraph say the the 70%rating is not change and say it it still the same? or give back the 70% it says it is not change? if they took 20% away that leaves 50% but they still gave the 70% which don't make any sense? Pacmanx1 quoted The veteran was already being paid TDIU. TDIU and P & T are not the same. TDIU is the rating being paid and P & T is extra for DEA CHAPTER 35, CHAMPVA, Waiver of life Insurance, Military ID Card, VA Dental I don't disagree with ya pacmanx1 and the regulations may very well state as such as you mention However I see veterans getting Dental care at the VA if there TDIU But was not giving the P&T . I THINK THE ONLY DIFFERENCE IN BENEFITS IS THE DEA Chapter 35 and the paid life insurance..the rest of these benefits the Veteran can use especially the Dental Why they don't have him P&T he should be, he has a disability that more than likely won't improve but He was Awarded the P&T he has a letter that says he is entitled to the DEA Chapter 35 and educational benefits he has to send off the Application for the Chapter 35 benefits and also for the paid insurance he should have had the forms in his Award letter but he can call the 1-800 and request these forms be sent to him they have a 2 year limited warranty to file TDIU is giving when the veteran don't meet the 100%scheduler and Due to S.C. his disability Can't do any type of work he is considered to be 100% but actually his ratings maybe under the 100% but being paid at the 100% this opens up most of the benefits with the exception of the DEA Chapter 35 Champ VA and the paid life insurance Policy. A TDIU Veteran without P&T can go to e befits and print off an ID Card and all the letters , this veteran is being paid at the 100% rate so that makes him eligible for all these benefits...with the exception of the DEA Chapter 35 ChampVA /Paid Insurance. Edited May 22, 2020 by Buck52 Link to comment Share on other sites More sharing options...
FormerMember Posted May 22, 2020 Share Posted May 22, 2020 I always trust the Veteran to tell the truth. Conversely, I always expect the VA to hamburger the discussion. TDIU is what we call an extraschedular rating and essentially equal to a 100% schedular rating. You can loose TDIU if you a) get better and they reduce your rating; b) start working again while on TDIU; or c) obtained the benefit fraudulently. Permanent and total (P&T) is an acknowledgement that you are just that. You're toast and your condition is never going to improve. Thus TDIU with P&T awarded is a dynamic condition at best versus a 100% schedular rating with P&T. If any of the above conditions I talked about arise, TDIU, with or without P&T, can be rescinded as you can see in the instant case. What has happened to Kevin is simple. The VA reviewed his claim, decided to reduce him on one facet which dropped him out of TDIU and P&T because he no longer qualified via his percentage. They then awarded an increase for something else. Logically, you would think they would do this in such a way that it made no changes in his eligibility date but that would be your mistake. VA re-awarded TDIU and then issued a new P&T date ( May 7, 2020). It's becoming more common each day. His wife will be the DIC loser if he should pass away in less than 10 years unless the cause is service connected. In PTSD cases, as a general rule, you usually don't die from it. Trust me when I say I would not lie to you or any Veteran. As an officer of the Court, I am not permitted to lie, misrepresent the truth or mislead a client in spite of what many seem to think around here. I take this responsibility very, very seriously. If you came to me and asked me to file a claim I knew was unsupported by the evidence, I would refuse to. A VSO can, and will, file you for anything you ask for, including disease due to alien abduction or tinnitus in each ear for 20%. S/he can get away with it and never lose their accreditation. I can't. I always caution folks on Hadit to be very careful about what kind of advice they offer others here because the wrong advice can wreck a Veteran's claim(s). I filed my first claim in 1975 w/AmLeg. I lost. I filed again in 1989 w/ DAV. I lost. I filed again in 1994 with AmVets. I lost. I filed in 2007 w/ MOPH and it looked like I was headed down the previous paths. I began to try to figure out why I lost in the past. None of the Vet help sites discussed the Caluza/Shedden/Hickson requirements. My own VSO had never heard of Caluza until I mentioned it. Then it was "Of course you have to have a nexus!" It took a year of intense study but I figured it out and won. I finally wrote my book on the nexus subject and have helped thousands since. Now I do it legally. This is not my first rodeo. I have Vets send me their decisions and ask why they lost. VA will always tell you why in VAspeak. It's up to you to learn how to decypher VAspeak or hire someone to do it for you who can. I consider myself lucky that I did the VBMS schooling to have access to the system. Now I can call up the idiot who screwed you and get him/her to fix it in days-not years. In spite of this new tool, many attorneys and agents are too lazy to take the time to gain access. Maybe they do it for the $ so it takes longer. Who knows? I speak only for myself. I'm 69 and have a bad liver, bad kidneys and a bad heart. I want to help as many as I can before I punch out. So, if I seem a little cranky, it's because I hate to see Vets make mistakes or worse-"help" others and destroy their claims. And that's all I'm going to say about that. slopez1388 1 Link to comment Share on other sites More sharing options...
Moderator pacmanx1 Posted May 22, 2020 Moderator Share Posted May 22, 2020 (edited) Well there is a difference of opinions here and I am not trying to attack anyone, and truly only Kevin can explain what is going on with his claim. IMHO, Kevin had put in a claim for sleep apnea secondary to his mental health disorder and VA denied his sleep apnea claim and then lowered his mental health rating. ASKNOD, may very well be correct but the rating decision doesn't come out and say that the veterans effective date for TDIU was change. Another problem is not having all the information and just speculating. We do know the veteran was being paid for TDIU and his rating was 90%. The rating decision says that the veteran TDIU rating was unchanged. So the question is did VA change his TDIU rating date from December 2017 to May 2020. Anything is possible with VA. Since the veteran was already being paid TDIU, and had a 90% combined rating, when VA lowered his mental health rating, did his combined rating still hit the 70% combined rating or TDIU criteria. Now that Kevin can solve all of that confusion. Buck, we don't always have the full picture. "However I see veterans getting Dental care at the VA if there TDIU But was not giving the P&T" . We don't know why or how the veteran was getting dental treatment. When I was going through Voc Rehab, I was allowed to get free dental treatment from the VA dental clinic. My Voc Rehab had completed and I was told that I could not continue to get treatment. I proved that I was service connected with acid reflux and that my service connected acid reflux cause me to have dental problems and the VA dental clinic continued my dental care. As for IDs card that was recently change to all veterans have access to the commissary and post. TDIU veterans are not given VA for 21-8760 only P & T veterans are. I would never consider a veteran be lying but may be a little excited about what was on ebenefits/VA.gov. when they are not reliable. Edited May 22, 2020 by pacmanx1 Link to comment Share on other sites More sharing options...
kevin4998 Posted May 22, 2020 Author Share Posted May 22, 2020 (edited) 1 hour ago, asknod said: Edited May 22, 2020 by kevin4998 wording Link to comment Share on other sites More sharing options...
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