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