Reduced TDIU Restored

[pacmanx1]

 

However, it is unclear how the RO reached the determination that the Veteran's service-connected disabilities precluded her from obtaining and maintaining substantially gainful employment.  In this respect, there was no medical opinion of record suggesting that the Veteran was unemployable due to service-connected disability and evidence, as cited above, that indicates the Veteran was unemployed to spend more time with her family.

 

 

The reduction in the award of TDIU effective June 1, 2006, was improper; restoration of the TDIU rating is granted.

 https://www.va.gov/vetapp10/files6/1041384.txt

 

 

 

[Mr cue]

Now my statement is if I was  awarded 100%  now I wouldn't play with these ppl.

I just wouldn't. The cards are stacked against use right now.

I feel we should give veterans the in and out to things not just look at it one way.

Now would I risk a fight for my benfits to get a few years or add a issues right now no.

Now in my case I understood that I was about to fight a big case and yes I waited until I was 25 years protected because I understood there games.

Because I could risk my income to fight the case and to fight to get my rating back.

Now was I right yes there are 3 request in my record to reduce my rating.

Since I started the smc benfits claim 2018.

So I am speaking as a person who has seen it.

Now veterans have both sides of the story and can make there choices.

25 minutes ago, pacmanx1 said:

. IMHO (IN MY HUMBLE OPINION) the VA is trying to move/get around paying retro pay. A lot of the new forms and new regulations say the veteran must file a disagreement within one year of the decision or the date of the recently decided claim.

U see all the changes and you see a lot more ppl fighting rating reduction now.

And they are make the paper work crazy you have to use this form or that form.

Because before you could write a statement and it had to be considered a claim by law.

Like I said It all a set up now the private contract exams u can't get a copy of them. No number to the bva no more.

We all understand that they will get to it when they get to it.

Who wants to play that game for there income

You will never get your rating back for years my opinion.

The way thing are set up

[broncovet]

Mr. Cue:

    Your statement is based upon the "assumption" that VA wont try to reduce your rating "as long as" you dont apply for anything else, or an increase.  

     This is a myth, often perpetuated by VA employees and VSO's.  

    Your chances of getting reduced are the same "if you do/do not apply for new benefits".  

    You can be reduced "AT ANY TIME", not "just" when you seek an increase.  

    Yes, VA often violates its own rules, and laws.  Without a doubt.  But, they can violate the rating protection rules just like any of the laws, too!!

     "IF" your conditions have improved, "or" if a Veteran has committed fraud, a Vet can expect a proposed reduction.  

      I have had "2" proposed reductions!!!!  Both were easily defeated by me.  They tried to take away my spouse benefits, suggesting I got a divorce without telling them.  FAlse.  

    I wrote a letter, and had my spouse do the same, on a 21-4138, explaining we had been continuously married since 2006.  Still, they tried to reduce me.  Oh, and they did this "when I had no applications pending", too.  They just reduce, when they want to, not "just because we applied for an increase".  

     Many Vets miss out on what they deserve "based solely on an irrational fear that VA will reduce them if they apply for an increase".  

     Its simply not true.  Va can only reduce you when you meet the applicable criteria, mostly that your condition has "actually improved" under ordinary conditions of life.  

    But, you are correct that VA does not always follow its own rules.  If the VA followed its own rules the first time, there would be no need for appeals.  The BVA and CAVC would close, because VA "did it right the first time".  They dont, so we dont have to worry about the BVA and cavc shutting their doors, as they have no cases to adjudicate.  

      It reminds me of "selling smoke alarms"...they are often sold "by fear", because fear is a big motivator.  VSO's and VA employees often "sell fear" trying to get us to think if we go for all the benefits we deserve, we will lose benefits and get reduced.  

     I dont buy "out of irrational fear".  Yea, my home could burn down and I need a smoke alarm to protect my family.  And, sometimes we need someone to point out "just how real" a potential fire can be.  

    Many times insurance is sold the same way.  

    My advice is to tell VA the truth, and you should not have to worry about a reduction "as long as" your conditions do not improve.  This is true regardless of whether or not you apply for new benefits or an increase.  

    Its actually kind of a logic error.  If your neighbor got murdered wearing a red shirt, that does not mean, "Dont wear a red shirt or you will be murdered".  

    It means that one person with a red shirt on got murdered.  Wear a red shirt if you like, the red shirt has nothing to do with being murdered.  

    Instead, you probably dont want to deal in drugs, because, there is an increased chance of being murdered in "drug deals gone wrong".  

    Its also a good idea to be faitfull to your spouse, because jealous wives and husbands sometimes kill with that as motivation.  

     But wearing a red shirt is not relevant to whether or not you will be murdered.  

      In the same way, whether or not you apply for an increase is independent of whether or not you get reduced. 

Edited April 5, 2022 by broncovet
add more

[Mr cue]

2 minutes ago, broncovet said:

Your statement is based upon the "assumption" that VA wont try to reduce your rating "as long as" you dont apply for anything else, or an increase.  

Now u move the ball. Lol yes the VA can reduce on anything and yes it not only when veterans put in a increase.

Now am I assuming something no I have seen it I have proof of it.

And the decision posted here and the many other make my point valid.

I am not scaring anyone I am stating facts and telling the whole story.

Not that they can't do that or there are laws so u are all right. You can appeal it.

That all cool but did anyone address your income could change and it not a week or two fight it could be years.

So now veterans have both sides to it that is all I am saying.

[pacmanx1]

At the present time, it really doesn’t matter what the VA is trying to do. I say this because, following in their footsteps veterans can still request their correct benefits by filing an appeal using the current regulations or request a hearing. The VA can remove a regulation but depending on all the particulars, the VA cannot just reduce a veteran’s rating based on the new regulation. All and I do mean all reductions have their own protections. When the VA propose to reduce a veteran’s rating, then the VA “MUST” inform the veteran and send out a letter of proposed reduction or the reduction is improper. The VA cannot just reduce a veteran’s rating because that is also improper, and the veteran can appeal.

You stated that you have several requests to reduce your rating but either you did not lose your rating, or you appeal, and your rating was restored. The VA can try anything at any time for no rhyme or reason and it is up to veterans to say bull sh*t, my rating should remain the same or increased.  

You can find this through research:

Douglas v. Derwinski, 2 Vet. App. 435, 439 (1992) 

Or

Comer v. Peake, 552 F.3d 1362, 1369 (Fed. Cir. 2009)

 

 

[Mr cue]

So we debating about if and how you can get the rating restored now.

After the fact.

An no I did have to appeal because I am 25 year protected 

That was the answer they got from the ppl in the VA.

I am not here to debate will you get your rating back after a bad decision.

Who really wants to fight for there rating after they just might have got it.

But as you stated the VA will follow the laws and if they don't. I guess you get your benfits back after.

You get someone to address the law I think that how it work and don't worry if your income is effect.

It will get address by the bva or the court.

You will never sale me in that one

[JKWilliamsSr]

4 hours ago, pacmanx1 said:

P.S. IMHO (IN MY HUMBLE OPINION) the VA is trying to move/get around paying retro pay. A lot of the new forms and new regulations say the veteran must file a disagreement within one year of the decision or the date of the recently decided claim.

If this isn't the truth I don't know what is.  

I am about to file an appeal for an EED based on 38 CFR 3.156(c)  My original claim in 2002 was denied saying it wasn't in my medical records.  I filed again in 2009 and denied again for the same reason.  They were quick denials.  No exam or anything since the claim is it was not in my records.  in 2018 I get my C-File.  Find SMR's what show the disability.  When I filed this time I sent in the SMR's with my claim.  Get an exam.  Get lowballed.  Appeal that and get 50% for my feet.   

You have to pay close attention to what the decision letter has in it and what is not in it.  My letter says I am granted service connection based on 38 cfr 3.304  but under evidence it does not mention my service records at all.  In fact it does not make a reference at all anywhere in the letter how they even applied evidence.  just cited the CFR and figured that would be enough.