MarineLCpl

I would start by trying to get ahold of your C-File and finding all evidence within it relating to your claim. Beyond that, it wouldn’t be a bad idea to start collecting new evidence before you decide to appeal. Consult with a private practitioner, have an exam done yourself. If the exam results in significant signs pointing to PTSD, you include this in your “additional evidence” submission upon appeal. Letters from friends and family could also help if they have beared witness to behavior that aligns with PTSD or diminished mental health. As far as official procedures to appeal, I can’t really help you there. But rest assured, there are plenty of people here who can. Hang in there!

Hi everyone! Been a while since I posted, hope all surviving members and their families are doing well. Reason I’m posting today is that I have concerns about the protection timeline for my TDIU P&T rating. I was first granted TDIU in 2010 after applying with a combined rating of 80% (70% MH + 10% knees). After being approved in 2010, I attended several C&P reexaminations over the years; the last being in 2020, where I was finally granted P&T status (according to my award letter). Now I understand that rated conditions are subject to the 5, 10, and 20 year rules, each providing its own level of protection. But when someone’s status changes to P&T, does that reset the protection clock so to speak? Meaning that because P&T status was awarded in 2020, do I have to wait until 2040 to reach the 20 year protection level? The timelines are confusing to me… being declared TDIU in 2010, then TDIU P&T in 2020… what do I go off of??? Will TDIU be protected in 2030? But TDIU P&T in 2040? It’s all very confusing to me… My general concern is if I was cheated out of 5 years of rating protection because of the change made to my diagnosis following the 2015 C&P exam review. From what I understand, P&T status is usually granted after 5 continuous years without significant improvement of a condition (which was the case… 2010-2015 showed no improvement). But in 2015, my rated condition was altered from ‘Borderline Personality Disorder’ to ‘PTSD’—with my previous condition in parentheses along side it(says “formally rated as”). So instead of being labeled P&T in 2015, they changed the diagnosis… therefore, future C&P requirements would still apply(letter stated decision was not permanent and subject to future exams, etc). I guess I’m asking if this is worth looking into and/or doing something about. I hope you’re able to understand what I’m trying to convey here. If not, I will do my very best to clarity if anyone needs me to. Cheers everyone. -MarineLCpl

Hey everyone, this has been on my mind recently due to wanting to buy a forever home soon. Problem is, the process is an absolute nightmare for me, to the point where I stop trying and/or give up. There’s soooo much stress associated with this, I wasn’t aware it was this bad. I figured I’d the VA didn’t have anything, maybe just hire a realtor to go around and look at prospects. One rumor I heard is that I’ll be exempt from paying property taxes as a 100% P&T vet, which is cool. Not sure how to get that ball rolling, but when the time comes, I’ll look into it more. I’m looking at several properties out of state as well. My only idea outside of any VA help is literally hiring people in the local areas I’m looking and have them check everything out. The thought of having to fly around the country to look at houses terrifies me. Once established in my new location, I plan to explore employment options, as mentioned in a previous thread. But this housing issue may prove a lengthy process, so, one thing at a time, right!? All in all, I’m just excited to be moving forward with things in my life. I’ve not been well for the last decade or so, and I’m finally starting to accept the nature of my limitations, and figuring out how to live with them. Obviously haven’t conquered the anxiety, but my ambition is coming back a bit….much welcomed, I’ll say! take care, all!! God bless

Wow, thank you for all the responses!! There’s a lot to go over, but so think the majority are suggesting that maybe some volunteering may be a good place to start. It’s my understanding that both volunteer work and paying jobs carry the potential to raise the question surrounding my “ability to work.” Some may be suggesting that volunteering is a loophole of sorts to actively contribute without raising questions about TDIU, but I don’t necessarily think that’s always the case. Whether I’m making money or not, to me, the risk is the same in this regard. That being said, I figured opting for a paying job may be the better choice. Having some extra income wouldn’t hurt, even if it’s 10 hours a week somewhere. VA disability is my only income right now. I applied for SSDI for PTSD in 2010 but was denied. Even though I was 100% TDIU for it, it still wasn’t enough for them. Regarding doing things at home, in my garage, etc; I have traveled this road before. I went to college from 2011-2016 through Voc. Rehab and got a degree in music. Since then, I have done selective “work” for people, usually over the course of weeks or months on a single project. I generated maybe 2-3k a year. I reported this income to the IRS as “hobby income” and never heard anything from the VA about it. While it’s nice to know I have this option, it doesn’t solve my isolation issue. When it comes to what I may expect from the VA? Reevaluation(mainly). These things have always been a nightmare for me due to all the horror stories I’ve encountered over the years. The thought of having a bad exam leading to years of VA shenanigans is not something I find comforting. After being deemed P&T in 2020, I found some ease in not having to worry about them anymore. Since then, I’ve focused on treatment and meds to remain stabilized, and there’s a good balance there currently. My good days are becoming less and less frequent, enough for me to be considering this risk. I have zero confidence that I could handle full-time work, but 10-20 hours a week, in a low stress environment? Maybe… Best case scenario, I’m able to find a medium to contribute through that fulfills what’s missing in me…. maybe I develop social relationships that lead to less depression… plenty to things that could go right. Worst case, I hold down a part-time job and get called in. Maybe get a bad exam that starts a series of unfortunate events… I’m trying to keep in mind that my intentions are good. I should trust the VA would judge a situation like this appropriately. Who knows, maybe I’m successful enough at a job where I can ditch TDIU all together. But until I prove to myself that I can comfortably navigate the workforce again, I think of getting fired or quitting a few years down the line, and having to reapply for TDIU all over again, which may not be smooth. I don’t know, many things to consider here I suppose!! Few side notes, I’m 35 years of age. Also, the closest VA is over an hour away, facing heavy traffic to and from. Not the best thing for my anxiety

Hi all!! It’s been a while, hope everyone is well!! For those who don’t have any background on me, I’m 80% TDIU for PTSD. At my last C&P, doc found no change in my condition, so benefits were continued, P&T status granted. That’s where the good news ends, unfortunately. I’m struggling with feeling very detached from society lately; certain unwelcome thoughts have entered…. I simply don’t know what else to do aside from getting out there and trying to contribute. I know it’s ill-advised for someone to try working on TDIU, and I understand the risks associated with it… But my VA benefits mean nothing if I’m no longer with us… I just know I can’t sit around and do nothing anymore, so I’m going to try getting a part-time job near my home. I have done my fair share of research on what might happen as a result of this… but I refuse to let my fear dominate me. Worst case scenario, benefits are stripped and my story ends. If they want to challenge me for it, so be it. But I will no longer feel ashamed for wanting to work… for wanting to be a part of the machine that keeps our economy alive…. To serve a purpose… A bit unsettling that I may be digging my own grave here…. but when compared to another alternative I have in mind, it doesn’t seem like such a bad idea when all factors are considered… My question is, should I retain a lawyer to be ready for VA shenanigans, or wait until they propose a reduction? I expect a call or letter after I report income… I get so caught up in the thought of fighting the VA that I don’t even consider not being able to handle work anyway…. guess I’m just holding onto faith that I can somehow live a normal life before my time is up. be well, everybody :]

My fiancé(soon to be wife) has insurance through work as a nurse. I was recently granted P&T status and now qualify for it. I was wondering what benefit there is to putting her on ChampVA after we get married, if any.

I too was recently called in for a PTSD reexamination. I shared the same fears you have right now, but in reality, it went well. I was very nervous, anxious..but fortunately, the examiner provided a safe, comfortable environment for us. Just go in there and be brutally honest about your symptoms, don’t leave anything out. As buck mentioned, describing your worst day is common..it gives the examiner a look at the true severity of your limitations. At the same time, be concise with your answers; try not to drag any one story out for too long. You want the examiner to accurately document any and all current symptoms in the allotted time. Most of these re-evaluations don’t last beyond 45-60 min in general, so you can’t afford to ramble on. The doc is there to get a snapshot of your current symptoms and severity level, THATS ALL. They are not there to diagnose you, you’ve already been diagnosed. If it eases your mind any, the chances of the doc bringing up stressors is very slim. It’ll more than likely be DBQ style paperwork paired with conversation about your daily life. They want to hear about your current day-to-day, how your disabilities affect you in daily life, how relationships with friends/family are going, etc. Again, just be honest and don’t exaggerate. But at the same time, be aggressive with the details. I wish you the best, please keep us posted along the way! Bless, MarineLCpl

If it involves saving money, I’ll surely look into anything available. Retirement is a big fear of mine since I can’t contribute to an IRA with VA funds...something that needs to be addressed, the current regs are very outdated... Yeah, I wasn’t aware of that at all...it really is good news. And I think you’re right..I have had several appts cancelled this year due to covid.

Got it. I’ll mention it to her and see if she’s interested. When you say you used your wife’s vehicle, I’m assuming you meant sales tax relief? Is that something different? I wasn’t aware you could use the homestead exemption for a vehicle also...I do see that it can only be used once a year.

It’s a huge relief for me...I’m getting married soon and it will be very nice to contribute educational benefits to my wife and her children(eventually). Fiancé is a nurse who has talked about getting her masters for years...I can see this benefit giving her the motivation she needs! I feel this sorta makes up for the way I can’t contribute all the time due to the negative effects of my SC condition...which really does bum me out. I also think it’s smart to do everything now instead of later, that’s for sure. But part of me says that I can already be treated for these things at the VA without being granted SC...so idk. The SMC award is something, I suppose. True, but I’ve heard too many horror stories to wanna dive right in. I wasn’t aware TDIU P&T granted dental services...that’s nice. Regarding the state benefit on property taxes, my fiancé currently owns the house we live in. From what I gather, it says the veteran must own the residence to qualify. Any direction on what can be done? I’m assuming if I have her add me to the deed, that would suffice? Or is that wrong?

I reached out to him on the matter. Basically, it could go either way, I guess. Could go either way, according to brokensoldier244th. But I still can’t see how the VA could use marginal income to propose a reduction...I stand firmly by that. Thank you, Berta! What a wonderful story, I’m so glad it eventually worked in your favor. Rightfully deserved from what I can tell. My decision packet just arrived and indeed included “basic eligibility to ch.35.” Looks like they granted P&T status to the PTSD w/ Major Depression. I’ve been telling my therapist for years that I don’t think it’s going away...glad the VA finally agrees. Through my pain and suffering, it would be great to give my wife/children educational benefits as a way of making me feel a little better about myself. I’ve been so restricted on how I can contribute and help due to my issues...this makes me feel good that I may finally be able to provide some assistance to my family.

At the end of June, I noticed a claim had been opened for my SC’d PTSD, currently rated at 70%. Little background, I was rated at 70% for Major Depression back in 2010. I filed for TDIU and it was granted later that year. The VA re-examined the Major Depression in 2015. They changed my diagnosis to PTSD with Major Depression, but continued the 70% rating. IU remained intact. Fast forward to present day, the VA decided to reevaluate the PTSD (just shy of 5 years since my last C&P). I attended an exam, it went well. Doc was nice and made me feel comfortable, which was a relief because I hate going to those things. I received my packet yesterday with a decision. The C&P exam showed my symptoms had gotten worse, but not enough to warrant an increase. They continued my 70% rating and kept the IU intact. Here’s what did change: it states that I now qualify for basic eligibility to Ch. 35 benefits due to my disability being considered permanent and total. I was under the impression that you needed to be rated 100% scheduler to qualify for this, but apparently they consider TDIU P&T equivalent to the 100% scheduler rating in this regard. I did not know this and thought TDIU simply “paid the same rate as 100%.” There was no information regarding the need for future exams. In the past, there was always a closing sentence that stated I could be re-examined. Since they changed my status to P&T, does this negate the need for reexaminations in regards to the PTSD? Just not totally sure how this works. What I do understand is that if I opened a new claim or filed for an increase, a C&P would surely follow of course. Here’s another area that makes me uneasy. I have held off on filing secondary claims related to the PTSD, such as ED and IBS. I’ve also considered filing for tinnitus. But something tells me that I may be asking for trouble if I do so. Some have told me that because I’ve been granted 100% TDIU P&T that I shouldn’t worry about filing new claims in hopes of reaching scheduler status. These opinions are mixed, some say go for it, others say “don’t push it.” While they are valid claims, not sure what I should do. The only benefit I see to scheduler, aside from dental, is that I could “work” with no income barriers and not have to worry about risking my benefits if I make too much. Currently, the little work I do is hobby- based and only nets a few thousand dollars a year. I file taxes every year showing this income. BUT, I do have ambitions toward expanding this into a small operation someday to earn a little extra income for an IRA. Retirement is one of my biggest fears. But at the same time, I don’t expect to be making anything beyond marginal income in this lifetime, regardless of an expansion. So much to think about...I suppose I should be grateful I’ve made it this far...I wish I could say my doubts, fears, etc have dwindled, but unfortunately, I feel no different. As we all know, the VA plays by their own rules after all. I WOULD like to say thank you to all those that helped me reach this point. I try to help others on this site as a way of giving back. This community has been a godsend to me for many years. God Bless, MarineLCpl

The VA examines self-employment on a case-by-case basis, I believe. If you have a good argument for how your self-employment position works around your SC disabilities, it could very well be viewed as “protected.” Regarding a “trial period,” the VA must be able to show sustained improvement over a period of 12 months before considering a proposal for reduction. Let’s say you attempt to work and 6-months in, have a mental breakdown that forces you to halt operations. In this case, the VA would NOT have grounds to reduce because the employment was not sustained, therefore, continuing the IU rating decision.

Buck, I hear you.. But I strongly disagree with your rationale in a few spots. First of all, when referring to PTSD, a 70% rating does not reflect “total occupational impairment” - that’s reserved for the 100% scheduler rate, which I don’t meet. And in my case, all P&T means is that they don’t expect it to improve substantially(I tend to agree here). On the other hand, TDIU is granted when a veteran cannot maintain “substantially gainful employment,” such as working a 9-5 job during the week...right? Not being able earn enough income working a regular job is the entire basis around the IU determination. It’s supposed to replace the income you would otherwise be earning if your disabilities weren’t in the way. Do you honestly think the VA would propose to reduce because someone with “deficiencies in most areas” earned 5-6k a year working from home? Where they made the rules? Depressed today? Day off. Feeling decent? Attempt to be productive. On edge? 2-hour break Where is the argument here? How does a vet earning 5k a year doing odd jobs from home equate to “if he can do that, he can earn 30-40k+ a year on his own”... truth be told, it doesn’t. Marginal employment, BY LAW, cannot be considered SGE. Unless someone’s income crosses over that poverty line, there’s no argument that he/she could maintain a job in a normal, everyday society. Could they see this 5-6k and call you in for re-evaluation? Sure they could. Let’s say they do...you oblige and attend that C&P...doc finds no change since your last exam in regards to symptoms. Where does the VA go from here? The answer is nowhere, because that’s quite literally the only card they had to play. To me, sounds like a giant waste of time, money, and resources. They can’t just “propose to reduce” based on marginal income alone. If at any time a veteran feels they can return to a normal, societal workforce, I think they SHOULD attempt to work, despite their rating. If and when, after successfully completing 12 months of employment, they should inform the VA, get off TDIU, and drop down to their scheduler rating. If the VA wants to reevaluate from there, so be it. But saying you should “inform” the VA that you’ve been doing odd jobs as a TDIU recipient seems very backwards to me(per the current regs). Meaning that since they ditched the yearly form in favor of cross-checking, it removes the requirement of having to report marginal employment. Why give the VA, who we have to fight tooth and nail, additional ammo that could be used against you if you’re not required to? They cross-check the SSA/IRS on their end for a reason...to monitor income, including the income of TDIU recipients. Have you ever asked yourself why they decided to use this method exclusively? My guess: ITS ALL ABOUT THE INCOME. Unless a recipient is making over that federal poverty line, again, where is the argument to reduce? All they can do is re-examine. But if your symptoms haven’t changed, NO CHANGE IN BENEFITS SHOULD OCCUR. But I tend to agree with you on the potential hassle...it’s a risk. Report could be less than ideal with a reduction proposal to follow. This is worst case scenario though and isn’t very likely, imo. But you’re potentially digging your own grave if you inform the VA of marginal employment now. Show me a current link/doc/reg that says marginal employment must be reported to the VA as a TDIU recipient. Doing marginal work on TDIU is ALLOWED per the current regulations as far as I can see, unless there was a recent change I’m not aware of. For the record, I’m not at all trying to be disrespectful here...just sharing my own viewpoints based on personal logic, research, and experience. I guess the ultimate point I’m trying to make...Not all vets receiving TDIU are completely useless...people DO have good days...and that’s something you should support, not suppress. Just because a vet decides to do a little work on that day does not endorse being able to hold down a job amongst the “normal” workforce...showing up every day, on time, regardless of how they feel, etc. But yes, no work at all seems to be the “safest” play here(from a benefits standpoint), but I don’t think it should be considered a ‘guideline to follow’ per say...There are always exceptions to the rule.. Financially, 37k a year isn’t a whole lot in some areas.. God forbid someone has a good day and decides to spend that time trying to earn a little extra income for their family...versus wasting that good day away on the couch... in fear of the big bad wolf.

Buck, this is why vets remain living in fear though. Most of the time, it isn’t even about the income, it’s about feeling useful...having a purpose...contributing to something, etc. The VA has made it quite clear that marginal employment(income less than fed. poverty line) shall NOT be considered gainful employment. Shouldn’t we feel safe operating within the bounds of what we’re being afforded? Telling vets they shouldn’t work PERIOD while receiving IU seems like a scare tactic often used by the VA, VSO’s, etc. In my case, self-employment via home office computer could even be considered a protected work environment since I would make my own hours, take breaks when needed, take days off if needed, etc. It’s my understanding that they look at these things on a case-by-case basis. I, without a doubt, believe if you were to explain the above situation to a judge, he would concur that this cannot be considered gainful employment, especially if your income stays below the fed. poverty threshold. It’s far different than being FORCED to show up every day, at an appointed hour, to do a specific job. Sorry, but I just don’t agree that a TDIU vet should be afraid to work within the bounds of which his/her SC conditions allow. More often than not, they aren’t able to make a livable wage, which is why they’re TDIU in the first place. But the VA trying to challenge them over 5-6k made over the course of a year? Silly.