TDIU

[KGarrison]

I was awarded TDIU with a 40% rating for constant fatigue syndrome (CFS), and 80% overall.  The TDIU award increased almost everything that had previously been awarded, but stated the 40% CFS award was deferred, even though it was awarded 2-3 years ago.  I just received an email from VES stating I “may” be required to attend an appt regarding that rating, and I’ll hear from them soon.  I was over 55 when all the ratings were rewarded, but I read that the TDIU award can require reevaluation no matter what.  Some of the videos I’ve seen made by retired “raters” say the VA can’t required another evaluation for an issue previously awarded, that award is protected if you’re over 55, and I should call them and say they can’t reevaluate me, and I should say I’m not going.  Anyone?

[pacmanx1]

1 hour ago, KGarrison said:

The TDIU award increased almost everything that had previously been awarded, but stated the 40% CFS award was deferred, even though it was awarded 2-3 years ago.

When the VA granted/awarded these benefits, if they did not grant you P & T, that means you could be entitled to additional benefits. Typically, the VA would not schedule a veteran for an exam after 55 but if they need to determine the status of a disability that has not reached static status (about 5 years) they can and will reschedule an exam.  Also, the VA could be considering the deferred 40% CFS issue and the status of it.   

[KGarrison]

My TDIU award states “entitlement to individual unemployability is granted effective Aug 29, 2023.  Basic eligibility to Dependent’s Educational Assisted based on permanent and total disability status is granted effective Aug 29, 2023.”  Also, “Evidence we have used to grant permanent and total disability status includes….” I have an attorney, who is great and will guide me through, as he has, but I just looked up the definition of P & T, which was written on a another VA disability attorney’s website, and it states:  “Once a 100% rating is given the status of Permanent and Total, it cannot be changed in the future. The VA does not require regular reexaminations of Permanent and Total Ratings, and the veteran can expect to receive the full benefits of a Total Rating for the remainder of their life.”  Seems the VA tries to confuse veterans, and doesn’t follow their own regs.

[pacmanx1]

24 minutes ago, KGarrison said:

I have an attorney, who is great and will guide me through, as he has, but I just looked up the definition of P & T, which was written on a another VA disability attorney’s website, and it states:  “Once a 100% rating is given the status of Permanent and Total, it cannot be changed in the future.

The simplest and easiest thing to do is contact your attorney. With that said, you have the P & T, but the re-evaluation of your deferred CFS can lead to additional benefit if you meet the SMC criteria which is still additional benefits. It is only speculation (guessing) because not knowing what is actually in your records there is absolutely no way someone can tell you what the VA or your attorney is doing.

Edited February 17 by pacmanx1

[broncovet]

Whoa, Hoss!  Before you get upset about a possible reduction to your TDIU, consider the real possibility of an INCREASE for CFS.  Remember, you posted that CFS was "deferred", which means it will be rated "later".   They may need a c and p exam for a possible increase and/or to rate your CFS.  

YOU COULD simply call your VSO, or, if/when an appointment is scheduled, ask them the nature of the disability.  Its almost certainly for CFS, again, because its deferred and its a loose end.  

Its important because:

"If", in the end result you wind up with a single 100 percent (tdiu counts) plus a combined 60 percent, (seperate and distinct) you should be awarded SMC S, Statuatory, which is good for about another $450 per month or so for you.  

Of course, IDK if that would be the result or not, but it is certainly possible.  It would depend on your other ratings, your new cfs rating, and whether or not they combined to the 100 plus 60, and whether or not your disabilities were seperate and distinct.  

 

Edited February 17 by broncovet

[broncovet]

"UNLESS" you started working and worked for a year, earning more than the poverty level, your p and t tdiu should not be reduced.  

[Lemuel]

I even got TDIU for the period I worked part-time because the employer had to make exceptions for me.  P&T from 1985 though the part-time employment was 1987-1985.

Do not miss a C&P.  It can only be used against you if you miss it.  But see Bronco's statement.