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 :( :(

[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

[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.