Question:

Can you help me understand how IU works. I’ve been 80% TDIU since 2003. 15 years. I’ve never been called back for a reexam. I’ve consistently gone to the VA so I have a paper trail. My ratings are all under the old guidelines and are no longer on the charts. They have all been revised. Pelvic floor trauma with surgical complications from airborne jump. Also urinary obstruction etc. I recently asked for p&t after 15 years,  but now I’m worried that I’ve shot myself in the foot. Can they re-rate me under the new guidelines and lower my ratings or when they review my claim do I get grandfathered in under the old guidelines? Any insight? Other vets are telling me to withdraw my claim, but is that even possible? I have not improved and honestly have gotten worse under the guidelines I was rated on. I’m just scared as I’ve been out of the workforce since 2002 and have absolutely no training since the Army. I’m 43.

Jim's Reply:

The TDIU benefit doesn't require re-exams unless the benefit is clearly temporary. Your benefit is likely permanent so no exams are necessary. The TDIU benefit is a 100% rated benefit that is exactly the same as any 100% benefit except that you aren't allowed to work. Otherwise, no difference at all. I'm not sure where you're getting all your info about old v. new guidelines and I'm not at all sure how you applied for P & T since there is no path or form for that? TDIU is a 100% rating that may be permanent or it may be temporary. Look at your award letter to see what yours says.