Question:
In reference to the comparison between VSOs, attorneys and agents, one other thing that attorneys and agents do is search records with a fine tooth comb. While some VSOs are content with a win, attorneys and agents follow up a win to determine if the rating assigned is appropriate, whether the earliest effective date is awarded, and whether the conditions are awarded via the correct diagnostic code. In many instances this can be a significant amount of benefits for veterans.
In reference to the issue concerning TDIU, I received a letter from the VA a couple months ago advising that TDIU will now be determined by taxable income that shows up on your social security annual income report. A few weeks ago I received a letter from the VA proposing to reduce my TDIU because 2018 had taxable income. That income was based on 7.5 years of work that wasn't paid for until 2018. I'm asking for a personal hearing but I believe there will be an effort to go after IU.
Let's hope anyone who receives a letter proposing to reduce IU will fight against it. Proposal letters are not decisions and cannot be disagreed with because they are not yet decisions, just proposals. But proposals allow us to request a personal hearing and to submit evidence so be sure to read proposal letters carefully, get your request for a personal hearing in within 30 days of the date of the letter, and send any evidence that would explain why in one year you MAY have received what LOOKS like annual income.
Jim's Reply:
The annual report by the BVA makes it clear that accredited attorneys and agents win more appeals at the BVA than other groups. That would seem to be intuitive but many veterans will argue that free representation is their right. The worst of the lot? Veterans who represent themselves lose significantly more appeals than others. See page 31 of the report here. The TDIU benefit is poorly understood even by those veterans who are awarded the benefit. The proposal to reduce the benefit is a constant threat that causes a great deal of angst amongst those vets who have been rated as TDIU. We'll hope VA agrees that your income should be spread over the years you labored for it. Good luck!