I Am So Afraid

[Tammy]

I think I did a bad thing My husband got Total unemplyoablity after years of trying and he also got another payment for a penis deformity because he was squeesed betweent tow 5 ton trucks. I have wrote on here several times so if you want to see the postings you will underdstand this post better. Anyway, I made a claim for a Eearlier effective date and everythig was denied and now they stated or seems by what I read was they will be taking away his unemployablity. All I tried to do was exdplain to them was that he broke his back in 79 and we wanted a earlier effective date because they only went back to 2003. I am so confused. Why did they give my husband a C&P exam when that is not what we wanted. Now the lady that did the exam contriticed everything in the file that made him 100% Permant and total disabled. Please someone help us, what are we gonna do. I was trying to help and I messed everything up I think. He was getting 2699.00 and the letter i got today was denied for earlier effectived date. Do they punish a person if we second guess them or what did i do wrong? What does it mean when it states "This does not present such an exceptional or unusual disability picture to warrant refererral to the Director, Compensation and Pension Service, because the evidence does not show a marked interference with employment or frequent persods of hospitializations due to the service connected condition as to render impracticial the pplication of the regular schedular stardards" some of the parts of the anamatomy stated that, and about the employment that states something difrrent like they are gonna check it out. Why are they gonna to listen to some lady that gave him a cand p exam and we had no idea that was what it was for? I think I ruined our whole lives. Please someone talk to me and tell me what I can do it states I can appeal it. Are they gonna take away the money that we just started getting maybe 2 yrs ago? Just because I appealed for him reagard his broken back. I wasn't asking for anything else. Why is this happening. Thank you everyone for the anwers if you know... they told me if I appealed they wouldn't take away his money. Its VA form 9 apeal i have to fill out for him.

Please tell me how he can get this and than have it taken away because we asked for a earlier effective date but not the way they did it, we just were talking about one thing.

Tammy :D :( :(

[john999]

Tammy

If you husband is TDIU and is not working I don't think the VA is going to be able to take his TDIU away based on one exam. The VA has to show that your husband can work in a normal work environment. I don't think that is easy to demonstrate for a totally disabled veteran. TDIU is probably the most protected rating as long as the vet does not go back to work.

[SLEDGE]

Tammy,

You are supposed to be notified, and have a period to respond to, of any adverse changes in his disability rating.

If they have not stated, specifically, that they are about to change something, they are not in the process of legally doing anything.

It sounds like to me that they are slipping in a scheduled, 'throw you off track', mailing to scare you and take your attention away from the real issue.

This is perfectly normal for the VA

I have been through this kind of crap a dozen times.

Calm down, take a day off and fill out the form 9 in a couple of more days.

On it, inform them of the real issue and repeat the original claim, one for an earlier effective date and inform them that nobody went to any C&P exam, if that is the case.

And, if I were in your shoes, I would start looking for a good lawyer.

Once they start the 'mistakes' they usually keep it up until the vet either dies or drops the claim out of frustration.

In order to short-circuit the VA's happy little game you might need some lawyerin.

sledge

[Pete53]

Tammy:

It may not be as bad as it looks. I think that you and your husband need to sit down with someone who is knowledgeable about TDIU. You need to watch the deadline dates and I am no expert on this but I think that they have to continue to pay while you appeal.

Keep coming back to this Board there are people who can help you.

Good Luck

You had every right to ask for an earlier effective date.

[theotherguy]

Tammy,

Did the rating decision specifically state that they were proposing to terminate entitlement to individual unemployability? Did it contain a letter which notified him of what his combined evaluation and monthly payment would be if the action took place? If not, I'm not sure where you are getting the information from but it wouldn't be a problem.

If he did receive this, he has 30 days to request a personal hearing with the decision maker. You could go over the situation with your representative and then present your contentions before the RVSR who will be rating the claim.

The paragraphs that you mentioned in your posting seemed to indicate that he did not meet the schedular requirements for IU. Was the VA reducing his evaluation for any specific disability? If so, how long had he been receiving that specific percentage of disability and for what condition?

If you can answer these questions, I may be able to help

[Tammy]

Tammy,

Did the rating decision specifically state that they were proposing to terminate entitlement to individual unemployability? Did it contain a letter which notified him of what his combined evaluation and monthly payment would be if the action took place? If not, I'm not sure where you are getting the information from but it wouldn't be a problem.

If he did receive this, he has 30 days to request a personal hearing with the decision maker. You could go over the situation with your representative and then present your contentions before the RVSR who will be rating the claim.

The paragraphs that you mentioned in your posting seemed to indicate that he did not meet the schedular requirements for IU. Was the VA reducing his evaluation for any specific disability? If so, how long had he been receiving that specific percentage of disability and for what condition?

If you can answer these questions, I may be able to help

[JohnM]

Tammy:

Are you sure the letter does not mean that they are going to give him T&P and therefore he will not need to be TDIU?

John filed for TDIU but because they gave him P&T they dismissed TDIU. P&T also means no further exam needed. Slow down and re-read the letter and then call your 800# and ask them to explain to you what the letter means.

Good Luck

JohnM's Wife Dianne

[Philip Rogers]

Tammy, we need more exact info. It sounds like you've received a letter of proposed reduction and if so you have a short time to respond, 30 days, I believe, and you must not miss this date. Your last post didn't display. Please publish what was said exactly. What they intend to do? When? Why? Have they CUE'd themselves? At present he has no statuatory protection, with only 3-4 yrs of TDIU rating, but procedurally they can be stopped. Awaiting more info.

pr

[john999]

If a vet is 100% schedular and he loses that rating and is unemployable then the VA should consider him for IU. If you are IU and get 100% schedular then you lose the IU as it is redundant.

[Philip Rogers]

If a vet is 100% schedular and he loses that rating and is unemployable then the VA should consider him for IU. If you are IU and get 100% schedular then you lose the IU as it is redundant.

Yes, John but receiving 100% schedular opens the door for A&A or housebound, as an inferred issue. TDIU does not.

pr

[mobie16r]

Tammy, i read your post several times and i thank i understand what you are saying.My guess is that ,you file a claim in 2003 for his back.If this is true,no matter when he broke his back va will only paid him back to the original date that initial claim was filed.When a veteran is getting total unemployability and va thank that a disability can get better,va can order a C&P and if you put in another claim ,they can order a C&P.If i was you, this is what i would do,i would get an appointment with a private doctor or your family doctor as soon as possible and try to get she/he to write a statement that your husband is total disable and more than likely will be total disable in the future for his back.Raters act on information submitted by C&P examiners,thats the reason you need a outside opinion someone who see you on regular basis.

mobie

Edited April 6, 2007 by mobie16r (see edit history)

[mobie16r]

Tammy

I went back and read your earler post and my speculation was wrong about initial claim filed in 2003.I really don't understand this one.If you keep appeals timely and va just decided to granted him service connection in 2003 and not go back to 1979 when claim was filed,something is mighty wrong.Like i said on my post below get your private Doctor to give you a statement.you really need a good vso on this.Don't give up.

mobie

[Guest jangrin]

Tammy,

This information came from Hadit's home page. You can find it under the Article written by Vike. It may help you to figure out what "kind" of letter you actually recieved from the VA.

Do you know or can you find a "topic" on the letter you recieved?

Jangrin

This is in part....

Veterans Claims Self Help Guide (Vike17)

Published: March 12, 2007

I have compiled this guide to help veterans understand the VA a little more on how, why, and what is needed to ultimately succeed with their compensation claims. I have also compiled this guide after years of experience in helping other veterans obtain their deserved benefits. Vike (a veteran)

Reduction in benefits:

If you are already receiving disability compensation from VA for a disability or disabilities and the VA want to reduce those awards, the VA will send you a “proposal to reduce” letter showing the proposed action (Proposed rating they want to assign and the effective date of the reduction). This is just a proposal and cannot be appealed. Once you receive a “proposal to reduce,” you have 60 days from the date of that proposal to submit any additional evidence to the Regional Office stating why you think your evaluation shouldn’t be reduced. After the 60 day period is up, a RVSR will make a decision whether to actually reduce the award(s) or maintain the current rating as is. Once the RVSR makes a decision, they will send you a rating decision detailing their decision. If the RVSR decides to reduce the award(s), then the veteran has the one year period to submit a Notice of Disagreement (NOD) to start the appeals process, which is outlined above.

If you want to make the VA hold off on reducing the monetary amount on the proposed date, you can file a request for a hearing. This must be done in writing within 30 days of receiving the “Proposal to Reduce.” Once you have submitted a request for a hearing (just a simple letter as there is no prescribed form) the VA cannot reduce the evaluation on the proposed date until the hearing is held, regardless of how long it takes to have that hearing.

[mobie16r]

janqrin

that is very good information.I got a letter from va about my daughter chapter 35 benefits and a propose letter of a over payment,she miss a semester because of an accident and i know that it was reported to va,evidently it got lost somewhere and that information you posted is just what i needed.Thanks

mobie

[Guest jangrin]

Mobie16r,

I'm glad I could help, however, thank Vike17 as he is the one who wrote the article for the forum here. However, I take help anyway it comes, so I'm glad you are able to benefit too. I hope you don't have to re-pay any money to the VA.

Jangrin

[john999]

Phil

If the VA is bound and determined to reduce a 100% schedular rating that is going to mean a drastic cut in income. That is why I say the VA, according to the VBM, is supposed to consider IU if the 100% vet is unemmployable. With his 100% income rating intact the vet can then go back and fight to get his schedular rating back. I am saying there is more than one way to skin a cat. The IU is a fallback position for the reduced vet to maintain his income. I know it is better to be 100% schedular for the purpose of A&A. I just don't want to see vets lose their homes and cars because of income reduction.

[Philip Rogers]

I agree John. The key is to stop the reduction attempt in it's tracks but failing that, you're right, the VA is supposed to consider TDIU. It is important to request a hearing during that first 30 day period in order to stop the reduction. That gives the veteran time to get additional supportive evidence. I helped someone here about 2 yrs ago and we stopped the proposed reduction, from 50% to 0%, and got them rated up to 100%, w/P&T. jmo

pr

[Pete53]

John:

Exactly there is always more than one way to skin a cat with the VA.

Tammy:

Don't panic you can still save the bacon.

[john999]

So if the VA proposes a reduction the vet needs to ask for a personal hearing with the VA within 30 days to stop the process in its tracks? I will remember that if they ever try something like that. I know that I have worried a little about the VA calling a CUE on themselves on my original disability. The VA dragged up evidence to try and say my symptoms were due to a personality disorder which is idiotic since the symtoms were depression and anxiety. I have been service connected since 1973. I don't believe there is any way the VA could sever SC on me at this point except for fraud. I just want to sleep at night and not have to ever worry about a reduction since I have been P&T for 5 years now.

[Philip Rogers]

So if the VA proposes a reduction the vet needs to ask for a personal hearing with the VA within 30 days to stop the process in its tracks? I will remember that if they ever try something like that. I know that I have worried a little about the VA calling a CUE on themselves on my original disability. The VA dragged up evidence to try and say my symptoms were due to a personality disorder which is idiotic since the symtoms were depression and anxiety. I have been service connected since 1973. I don't believe there is any way the VA could sever SC on me at this point except for fraud. I just want to sleep at night and not have to ever worry about a reduction since I have been P&T for 5 years now.

John, whatever you are service connected for, from 1973, is protected as to the service connected issue, except for fraud. They could try to reduce the percentage but it's not something to worry about, now. If it ever happens, it can, for the most part, be stopped.

pr