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

 

 

 

[john999]

I have had TDIU since 2001 and in that time I have filed for two SMC awards and 4 other claims for various conditions.  If I had waited 20 years I would not have gotten "S" and  an extra 100% award.  If you have a good claim then file it.  Like has been said if the VA wants to try and reduce you they will do it.  The VA is a machine.  They don't care about vets as individuals.  They care about the bottom line.  If they could kill us old vets off next week they would be happy to do it.  After WW11 the VA reduced many vet's compensation just on the chance they would not fight back. 

[Mr cue]

Ok the post is a decision were a veteran had to fight to get his rating back. Do we agree.

Ok now can we agree that there are more veterans get reduction right now.

Not ten years ago not 5 years ago right now there are a lot more reduction been push by VA. 

My opinion some might not agree.

To tell veterans the VA can't reduce you is a lie.

The case posted show they will reduce and you have to fight to get your rating back.

Which mean they didn't follow the laws. But they reduce the veteran anyway.

Now what I stated was if I got a new 100 awarded no I am not press any more buttons.

The extra smc   could lead to you fighting for your rating again.

Now before I get jump on for the statement.

If you apply for smc benfits the VA are treating it as an increase on all your conditions.

An will order exams.

It has been proven there are a few veterans who have post about it.

Take any way you want but I wouldn't risk my 100% for the extra 300.

Right now.

Like I said the cards are stacked against us right now.

The private exams no phone contact with bva.

No copy of comp exam before decision is made.

I been doing this VA thing seen 2000.

An I watch all this change.

We use to have osbudman to get help with the bva  

We use to have phone numbers to call different regional office an bva

You could go to the VA hospital 3 days after your exam an get a copy.

No more dro hearings. U will be luck if you get the telephone call.

Do I need to list more changes.

I just see the future lol it is over 

You will be fighting years on some case.

I just feel we should put it all out there so veterans understand.

The veterans affairs.

 

 

 

 

 

 

[Carl the Engineer]

My thoughts,

If you are 100, or just got 100, if your disabilities are "static", which means there no reason to think there will be any improvement, or your disabilities are considered obviously permanent, like loss of a eye, or limb, etc., then I think you have nothing to worry about making an additional claim.

Now, if you have a disability that could improve, like mental health, or even like diabeties, which rates on how you get your insulin, and how often determines the rate of compensation.  You get more money (higher rating) when you go from pills to shots.  Maybe they put you back on pills, etc.

So, I think every Veteran has thier own situation with their own disabilities, and some Veterans with the same disabilities present differently during exams, and examiners measure the same disabilities differently.  So, it's a crap shoot.  The Veteran has to be comitted to their own situation and thier own claim.

I am 100 P&T since June of last year.  All of my numerous disabilites are static.  I did get a denial for one ailment, which is unrelated to all of my static conditions.  I will be appealing it soon (waiting on c-file).

I'm going to take the chance,

Carl

And I am not going for SMC's, just want the disability added to my list, in case it kills me.

  

 

Edited April 6, 2022 by Carl Bacon

[Rivet62]

On 4/5/2022 at 7:37 AM, Mr cue said:

You will get reduce before you even get a copy of the comp exam results.

To see what is going on.

Now you are fight for your rating back.

So if you appeal a reduced rating then will it protect your monthly money until it is decided at the appeal level? Or, do you lose your monthly money until you win appeal?

[Rivet62]

19 hours ago, Mr cue said:

The private exams no phone contact with bva.

No copy of comp exam before decision is made.

I been doing this VA thing seen 2000.

An I watch all this change.

We use to have osbudman to get help with the bva  

We use to have phone numbers to call different regional office an bva

You could go to the VA hospital 3 days after your exam an get a copy.

No more dro hearings. U will be luck if you get the telephone call.

Do I need to list more changes.

I just see the future lol it is over 

You will be fighting years on some case.

Right. I feel like I'm hopping on one foot, hands tied behind my back and blindfolded. I filed for TDIU, and I'm not at the 5 year protected status yet on my 80% combined rating. I had C&P exams from filing for TDIU. The C&P examiner raised the nexus question for my MDD.  I find it amazing that a C&P examiner is given so much weight in an opinion that can turn my life upside down.

Shortly after the appeals process change (from legacy to...) the BVA then started refusing to take calls from vets.  Coincidence?  I personally suffered the consequence of appeals process changes that were not made clear to public, and further compounded by BVA no longer taking calls to clarify the process. Coincidence?