VA Math and TDIU

Question:

I’m 90 percent with the VA and retired Marine. Last year 2018, VA said they were dropping my 40 percent on my back to 10 percent. After going to an Appeals in St. Louis and one year later, they changed mechanical lower back pain to arthritis. And lowered it to 20 percent, which lowers my overall to 80 percent. Well just this week, they gave me Unemployability. But I’m still at 80 percent. Do I need to be worried that this is a ruse, and down the road the VA is going to try and screw me again? Or should I keep going for the 100 percent, and appeal their decision on my back?

Jim's Reply:

If you are approved for the TDIU benefit, you're done. The TDIU 100% rating is the same rating as the 100% schedular rating, the only difference is that you can't work full time with TDIU. Chasing any other rating is usually a waste of time for you and for VA. Let the dust settle and don't think of any further claims for a couple of years.