USMC517

[USMC517]

What a terrific website to assist veterans.

After many years of waiting, six plus, along with expert reports and C&Ps I was finally rated 70% for multiple mental health issues in September 2019. Yesterday out of the blue I received a call from LHI for an examination of my mental health issues. I am completely unnerved by this call and that the exam will be in one to two weeks.

Does this sound standard to have a reexamination after the rating was issued just eleven months ago? I am sick over this. Anxiety off the chart and am physically ill over this.

[GBArmy]

USMC517 It does sound a little quick, but not totally out of the question. Breakout your award letter and it might say words that you will be re-eval in 1-2 years, or something like that. If it does, I would submit an IRIS inquiry on how come it is so quick, like less than a year. In any case, be sure to go if it isn't cancelled, or they will reduce your rating for sure. It's ok to be nervous, everyone is, especially if it's for a MH issue. You are going to be alright. Report back on how it goes.

[broncovet]

Relax.  You have lots of protections.  You did not mention if you are P and T, I will assume not, tho that is a bad assumption.  

Did you apply for an increase?  Did you submit "new evidence"?

Its likely this is for an increase, but it could be they are trying to reduce you.  We dont know.  

Read this for your protections:

https://www.law.cornell.edu/cfr/text/38/3.344

[USMC517]

I've reviewed the award letter, dated 9/13/2019 and no reference is made to re-evaluation for any time period. The statutes referenced in the award letter are not for time frames.

I did not apply for an increase; however, I did apply for IU based on my rating. The IU filing was 9/13/2020 and I don't believe the VA moves that quickly to a schedule a C&P. Perhaps my age? I am in my sixties.

Thank you for your thoughts.

[Christie]

16 hours ago, USMC517 said:

I did not apply for an increase; however, I did apply for IU based on my rating.

That is why.

[Berta]

Christie is right-when a vet hits 70% SC for a MH issue, the VA is supposed to consider TDIU.

Do you get SSDI and if so, is it solely for your SC condition?

Has VA Voc Rehab ever turned you down, by determining your SC for a MH issue makes Voc Rehab not feasible?

Either one or both of above is good evidence for TDIU.

They should be mentioned on the TDIU form 21-8940.

There are many other reasons VA will award TDIU,without these factors but these two factors can have great input into a TDIU award.

 

 

Edited August 21, 2020 by Berta

[jfrei]

They are getting better with moving quicker on IU claims so as to not create more of a financial hardship that would ensue if you were not given  IU. LHI is great at moving quickly for us and this is why you have an exam but just don’t go an say I’m fine and I’m working at your appointments or you’ll be denied IU. State why you feel like you can’t work back up with medical evidence, are you currently working? This is one question they will ask the C and P exam questions are somewhere on here to review.... also as I did file for SSDI if your unable to work having one claim for the VA won’t expedite your claim but it could possibly be expedited if it is granted..

Edited August 24, 2020 by jfrei