DISPUTE WITH A 20 YEAR vso

[Buck52]

I have a dispute with a 20 year experienced VSO.  ON A FAIRLY SIMPLE ISSUE.

When a Veteran is getting IU  for say 80% or 90%  it is possible for him to be able to work  >  if he gets his rating up to 100%  because that makes his IU Moot  and he is considered to have a 100% final degree in his rating  and he can work then. (if he wants to)  without worry they will take his IU away.

Doing this would usually mean he would need a 50% increase in his 80% or 90% rating to bring his rating up to the scheduler rating  ,again this would nullify the IU and set his rating at the 100% schedular. (CORRECT?)

or if his 80% or 90% IU WITH P&T and he files for another separate condition and is awarded a service connected rating at 70% rating for that separate condition  then this new separate condition would make his IU moot and he would be considered to have a final scheduler 100% rating and possibly with the SMC -S

 THIS IS WHAT i MENTION TO THIS  VSO  HE SAID I WAS WRONG  ONCE A VETERAN IS AWARDED THE IU  HE HAS TO STAY AT THAT RATING.....i totally disagree with him on that.

Am I correct in telling this other veteran to file for a increase on his IU Rating or if he has another condition that has come up file for that too  or if he has a secondary condition to one of his already service connected conditions that would cause or be related to a secondary condition FROM HIS EXISTING CONDITION and depending on what he is rated at  will determined if he meets the 100% schedular rating. ....(is this correct?)

 

Also if a veteran had the evidence in C-File that would be favorable to his claim  but was denied from N.P. C&P Exam  he can file a NOD or head straight to the BVA if denied because this N.P FAILED TO READ HIS EVIDENCE in his C-File,  HE WOULD NEED A SPECIALIST TO GET A FAVORABLE IMO  but this specialist would trump this N,P...if they still deny him  and he did use a specialist  then its time to call his congressman.   (CORRECT?)

this VSO mention that won't work either  i ASK HIM DO YOU WORK FOR THE VA? OR THE VETERAN?

THIS KINDA OF STUFF PISSES ME OFF   BECAUSE USUALLY A VETERAN WILL LISTEN TO THE VSO OVER US LAY  NON CONNECTED TO THE VA  TYPE GUYS  OR US GUYS THAT HAVE THE CLAIMS  EXPERIENCE LIKE broncovet   & Ms berta and GB Army and Shrektank1  Pacxman1  Brokensolider244TH and other experience with  these VA Claims.

BTW  This VSO is a DAV VSO That works at my VAMC  AND i WAS VISITING A Veteran at the VBA Office Seeking help with his claim  I gave him a hadit card and talk with him a while rather or not he takes my advise is yet to be seen?

well on to get my flu shot.

[ShrekTheTank]

Buck you are correct.  He has to fight for the increase and get scheduler to be able to work.  There is nothing saying you have to stay at this said rating.  If this were true I would have never made it past 40%.

This is why my fight will not stop until all of the issue I believe are service connected should be and are!

Yes tell them to keep fighting this and to not listen to VSO's who work for the organization and not the VET!

[GBArmy]

Agree with Shrek 100%. To say once you get TDIU you have to stay at that rating makes no sense at all. What id the veteran had 2 or 3 major new disabilities that would put him over 100% for scheduler. Does that VSO say he should file for those? We all see these so called "professionals", some are good and, unfortunately, some are bad. The sad part is, like Buck said, the veteran  often will go withe the "professional's advise and who can blame him. He doesn't know and that's why he is asking for advise. Never ending story. Sad, really sad.

[ShuMan]

Buck the fact that this guy is still a VSO is a shame. You are 100% correct. 

[Buck52]

Thank you guys, I appreciate the encouragement.

[broncovet]

Had I listened d to VSO's, former employees, or even attorneys, I would have never gotten my rating.  READ the regulations.  I did! 

Let me say it again: 

Quote

READ the REGULATIONS.

Often, there is "more than one way" to interpret the regulations.  Guess "which way" the VA is required to interpret them?  The law requires the Veteran be given the BOD (benefit of the doubt). 

While it is true the VA does not always give the Vet the benefit of the doubt, you can appeal it and make them comply with regulations. 

    My advice, Buck, is in the quote above:  READ the regulations.  Does THIS say anything about reducing your tdiu rating if you have also achieved 100 percent with tdiu?

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

   No, it does not say that. 

We have had a few "know it all's have to eat their words" on hadit.  VSO, former VA employee, or even attorneys can be wrong.  Example:

I won my IU claim with Glover Luck.  I decided it was at the wrong effective date, because I had applied 4 years prior to the effective date.  While VARO "lost" my 2002 informal claim, in 2008, I had found my copy  and resubmitted it to VARO.   Of course, I also knew that I had not worked since 2002.  So, I reasoned, claim date: 2002 check.  Facts found:  Not working 2002 check.  

  Glover Luck refused to represent me on an EED, basically disputing that I was entitled to an eed.  We did not agree.  I said the "effective date" was the later of the facts found, or the date of claim.  She said that I could NOT get an earlier effective date because I was only rated at 0 percent.  I told her 38CFR 4.16 (B) does not have a minimum percentage requirement, and I already had a 4.16 b extra schedular rating, and now they had to determine the effective date. 

Well, I hired Chris Attig (my appeal was denied at BVA), and he appealed to CAVC.  He got the remand.  Then he suggested I get a IMO from Voc rehab specialist, and could win the remand at the Board because I can submit new evidence.  I did, won the eed at the Board.   It gets better. 

Because the Board awarded TDIU only on hearing loss, I had an additional 100 percent for MDD, and that meant automatic SMC S. 

Had I listened to VSO's, former employees, or even attorneys, I would have never gotten my rating.  Did I mention you need to read the regulations?  Dont read them once, or twice.  Read them 10 times, or more, until they make sense.  You say you dont understand one word (or more)?  Look up their meaning in the dictionary.  Its easy to do with google. 

Edited October 26, 2020 by broncovet

[pacmanx1]

Buck, I agree that you are correct. Does the veteran have a copy of his/her original rating decision granting them 100% schedular? It should state that the TDIU is considered/made moot.  If the veteran does not have a copy, s/he could request a new copy and go from there.  IMHO the 100% schedular rating is the higher rating, but some VA employees and VSOs will not inform veterans of that for whatever reason. The ebenefits generated letter is really a generic letter that may or may not say that the veteran's TDIU is  considered/made moot, but the original rating decision should explain a little bit more. Once a veteran is rated 100% schedular, s/he can work and make as much income as their employment allows except the 100% cannot be solely for a mental health condition.

Bronco, I also agree and going through something a little similar at this current moment.  Hope the best.