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?

[broncovet]

Its not unusual to get negative c and p exams.  I had a very negative exam.  If you read very many board decisions, you will see that many say something to the effect "there is a balance of evidence for and against the claim".  It's rare, when 100 percent of your evidence is positive.  The good news, is, that, when there is a "balance of evidence for and against the claim" this is known as equipose, and the Veteran gets the benefit of the doubt, and the claim is awarded.  

In most court cases, there is evidence for both sides..its rarely all one way.  

And, if you do get denied, the solution is to get a favorable IMO..that you pay for.  You see, people are loyal to the guy who signs their checks.  Remember, VA pays for the c and p exams.  It may cost you money for a independent medical opinion or independent medical exam, but its almost always worth it.  Its one of the best investments you can make.  I invested $500 in an IMO from a voc rehab specialist who provided a favorable IMO.  This IMO "tipped the balance" in my favor and resulted in a six figure retro, plus ongoing awards, much more than $500.  

The idea that your seizures cant be "confirmed" because you did not have a seizure in the docs office while you were there 1 hour of your life when you are 50 years old, is preposteerous.    Remember seizures only last a minute or two and by the time the doc arrives, its over, even if you had one 10 minutes before your c and p exam.  

Other people can confirm a seizure.  Your spouse.  EMT's. Nurses.  Other family members who took you to the hospital.  Other doctors.  It sounds like seizures have already been documented, thats why you cant fly!  You probably just need an IMO to review your records, and basically say, "Yes, there is evidence of a history of seizures in your records since dd mm yy". This is at least as likely as not due to an event in service.  

When you do hire an IMO, ask them to review your records and state that he did that in the IMO,  and to give the date, also. (This could establish your effective date).  I dont blame you for being skeptical of the Va, but, read the regulations on reductions, and you will see its very tough for the va to reduce vets who are p and t or over 5 years:

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

The VA would have to show you "actually improved" under ordinary conditions of life (aka while working), and that improvement was sustained, not just from a single exam, since many of us have good days and bad days.  If you are not working outside the home earning an income, they are not gonna be able to give you a c and p exam and take away tdiu..altho sometimes they try, because some vets roll over and play dead and let va have their way.  Dont do it, insist on your rights. 

VA tried to reduce me twice, I rebuffed both easily and quickly.  The idiots tried to take away benefits for my spouse suggesting I was no longer married.  Twice.  I wrote a letter, and had my spouse write a letter that we were continiously married since 2006.  The va had 0 evidence to refute my evidence, because it was the truth. About 3 weeks later, I got another letter, stating that my benefits would continue as man and wife.  They just hope we are "asleep at the wheel" as many Vets are, and dont read the letters VA sends them. Its really unfair, because the people who are illiterate, or who can not understand the letters, get reduced.    Of course, they use VA'ola lingo designed to confuse us, which often works for them.  If you have difficulty understanding a letter from VA, white out your name and address and ssn, and post it here, and others will help.  

 

[Lemuel]

Great post, Bronco.  Tried to promote, but do not think that is working.