zat954

Not a problem. These boards get a lot of crazy views and questions and shady ppl I'm sure and it's not easy to decipher it all in a short description on a cel phone. Just trying to evaluate all options in advance. As I said I'd rather prepare and keep what I can but if given the option to get my life back id surrender some disability. We'll see. I've actually looked into non-profit stuff. I have some friends I served with involved in medical marijuana in California helping vets get off the heavy meds the va likes to put us on. That's all non profit for the most part. So we'll see. Anything is possible. Thanks

Well I'm sure you hear it all the time, but thank you. just giving open honest accurate advice to people, and being as transparent as you are with your personal stories is very rare and special. And in less than 24 hours I've learned more than I imagined was possible with my "simple" case alone from you than in years of research. I definitely have realized I need to take a step back and evaluate and learn much more before I do anything. I'll definitely pursue my cardiac issues as they are important. Beyond that I'll wait out the next year or two and see what my health is doing and what my options are professionally, talk it over with my family and see what employment options are actually viable and beneficial and then decide if I should try for the 100 on MDD or go the other route. I will definitely be around to learn. Any suggestions on who I could ask to help with my claims for cardiomyopathy and arrhythmia to establish sc? Dva or a vso? I've been communicating via my phone so I apologize to everyone for my spelling and grammar errors. Happy Easter to you as well. Zat

Hey john. No I hear you and I understand. I'm thinking out loud so to speak. I don't think that the 70 would stay permanent if I went to work full time much less the hundred. I was pretty sure it would at the very least prompt a P&t. I really need to claim my cardiomyopathy and arrhythmia which I have the most documetation on. Plus just for my health it needs to be added. Bc if and when the health improves I really do want to go back. And I'm ok with being downgraded if that happens. I'll always have Tricare and at least an 80 or above percentage which is a blessing if I'm working again. But if I get the cardio worked up I probably would be still up at 100 even if I get reduced on MDD. Again. All hypothetical situations that may never happen. I'm blessed to be in the position I'm in. Like I said I not only want to get better and work for my own well being and sanity but I don't trust the government to say one day "sorry vets. We're broke. No more pensions." So that paranoia is a driver as well and why I'm trying to look at all aspect and angles. I hope I'm making sense. Zat

Thank you Buck that means a lot. The way I see it were all still part of the military family. We need to help each other Bc the va certainly won't. I'm new to this and I'm trying to do the smartest but safest thing possible so I realize my questions may be the norm here but I'm trying to wrap my head around a complex subject. So thanks to everyone for your help and patience

I appreciate your input. Ill repeat what I stated to john999 initially before we resolved our misunderstanding via verbiage on a blog. I'm grateful for all I have lets be very clear. But frankly I earned it all Just like you and everyone else. Above all, while I am grateful for my SMC, I never requested it, and would happily relinquish it to be able to work. Yes I realize what the va is telling me and everyone has valid points and true concerns about a fellow veterans health and future if I never do get well enough to work. Except somehow after going through this entire thread you still manage to come up with the idea that I "just want more"? Interesting actually. No. I want to be better and work. My disabilities that I earned, up to 100% or less, are in lieu of the pension I WOULD have had if not injured and did the 20 year career I wanted to have. I'm not gaming anyone or trying to get anymore than I haven't earned. So to be clear again..... I do not just accept that I will never be able to work again. I will fight tooth and nail to get better. And if and when I do God willing I will happily forfeit the housebound money, which again I'm entitled to because of my situation, but have no interest in keeping. In fact if I come to a point where a good job that brings me income and a sense of accomplishment means dropping below 100% I will do it in a heartbeat. So I'd appreciate if before you start judging my character and motives and essentially calling me greedy you took a minute to read the entire thread. I was rated and retired less than six years ago. I still have severe complications with my heart and other anomalies from my tours in the gulf that I have not even put in the full claims for yet despite my evidence. I have Tricare, I'll always be compensated at some rate, and I'm taking advantage of all of my educational benefits. I'd rather be working. Call me crazy but at 37 I feel pretty worthless being unemployable. Plenty of vets are 100% and working because they earned it. I never stated once that I "want more", I simply want to avoid a C&p if possible and keep what's mine. That's fair. I'd be willing to bet you want to avoid them as well. So with all due respect hopefully I've made my motives a bit more clear. Thanks. *** and let me again add my thanks to everyone who has been helpful or supportive. Finding people like asknod who are as generous and knowledgeable about getting people to where they want to be and how to do it is rare and invaluable and I think everyone appreciates it. I certainly do.

Thanks for the response Senior. I recognize all of these things you mentioned. I actually added a bunch of questions to asknod in the past 12 hours as he really opened my eyes to some things. I still have disabilities I have not claimed such as gulf war syndrome anomalies and well documented cardiac issues which was first shown in a cardiac Mri while still active awaiting retirement yet after my initial va work up. I'm sc'd for htn so this should be a relatively easy secondary to prove. Point is I see now my 100% p&t is not as P&t as it should be or I'd like. I'm fine now through school and chapter 31 but you and everyone else are right I need to get all my disabilities treated and claimed and build what I'm entitled to up as high as I can prior to thinking about going back into the workforce someday. Semper fi

Asknod.... I sent you a few questions last night I'm sure you haven't even seen yet but you sparked some major concerns with me and I did some research last night. I have some specific questions when you can. 1) As far as reaching 100% MDD what would I need to add other than saying I'm having hallucinations, etc or would the fact that My wife gives me AA count? Which is true and a caveat of 100% I believe. 2)Or, is a secondary rating a plausibility that would be counted together with the MDD? 3)I'm still in my window of gulf war syndrome and I have always had symptoms of Fibromyalgia, CFS and some other presumption things I've just never gone after. 4)lastly and probably most importantly and plausible, I have a SC for hypertension at 0%. It's controlled by meds which technically should be 10%. But regardless of that and More importantly I have documented over the past 5 years multiple times that I have cardiomyopathy (lvh) rating minimum of 30% based on Mri and possibly 60% based on Ef, as well as an arrhythmia requiring meds at 10% minimum proven on ekgs. My first diagnosis of this was right as I was being retired after my initial VA work up so it never got claimed originally. I think I mentioned it in the claim for increase in 2011 but I was so bad off mentally I didn't fight it. I had normal ekgs and bp and cardiac size as per a meps chest X-ray upon enlistment, so claiming sc secondary to my hypertension should be an eventual no brainier. That's a minimum of 30% lvh and 10% arrhythmia right away and I already have documents. Very Thorough. Up Until now everyone has always told me "you're 100% p&t don't rock the boat with new claims that could prompt a new C&p possible reduction", But after your input not only does attempting to hit that 100mdd sound reasonable, but the cardiac issues are just smart to put in my record from a health standpoint and build in another 40% overall while protecting myself correct? As for The gulf war symptoms I've always shrugged them off as just being in a lifetime of misery from injuries rather than legitimate presumptive claims I should pursue. And then there's good old smc k for Ed which is pretty much a guarantee with all the meds and depression and bp issues. I'm assuming I should go after all of these things or at least some? Is there any benefit to waiting, or if so does it outweigh the risk of not waiting? Im Sorry for all the questions this is obviously a lot of research and time I'm asking of you especially how to build these claims properly but you sparked some very serious truths I was not thinking of and I want to do it all right. What should I do, how do I do it and when should I start? Thanks Reed

Asknod when you have time I'd like to get more info on how to properly go about doing this process properly: "For the record, I do have several Vets who are 60% TDIU for Hepatitis with a subset of other diseases associated with it like DM2 and thyroid problems. Everyone of them has filed VA 9s for 100% schedular in spite of being TDIU for the reasons I described above. You, too, can file a claim for increase to 100% for your MDD if you can qualify for the particulars needed. At that point you'd still be in the same financial position but in a far better and secure ratings place than a TDIU--and you could work without the TDIU penalty. How would I utilize my diagnoses to file a VA 9s for the 100% schedular and also where to find the particulars of need to ask for the 100%MDD. I was always under the obviously false impression that mental health or PTSD ratings of 100 were rarely permanent. But clearly I'm a novice after today. Thanks.

Agreed. Thanks to all you guys.

Well I appreciate it and I'll definitely be seeking more in the future. Good luck to you

Lol. You're right I should get the C file before it vanishes. Good point. And I do understand now what you are saying. I could potentially get housebound removed and Tdiu and go 95% but that doesn't guarantee a p&t ON that 100%. So do you help guide vets with these things? If not that is what you should do for a living. I'd hire you to try to get the 100% MDD and bolster some other ratings. Thank you for clarifying. Basically don't do anything at all UNLESS the day comes I'm 100% able to walk into a well paying secure Jon I enjoy and am willing to lose my 100%.

Thank you Buck. I responded to some of your posts in my last response to asknod. I love this community I'm learning so much and you guys certainly know the right people to contact. Thanks.

Thank you for your patience and knowledge. I'm starting to understand what you are saying about the reason why I qualify for the smc s and how I am not 100% schedular for any one disability. So after rereading your edited post and learning about the actual "rating" sheet, I have a few remaining questions. 1. How do I go about getting this official rating sheet? 2. If the Tdiu was never applied for or an option here, the total Schedular rating adds up to their number based on the following sheet officially correct? http://www.benefits.va.gov/compensation/rates-index.asp#combinedRatingsTable1 i am trying to process and respond to you and buck52 as well. I see many computation tools out there and I have seen where these disabilities add up to 94.8, however the chart is what I'm told by the va repeatedly that they actually use. So if the chart is what is used then I would only be Schedular 100% added up, forgetting this Tdiu and smc verbiage correct? in response to both of you I 100% agree the VA is a monster and by no means am I trying to test them just better understand at the end of the day I may never heal to be able to hold full time employment but at 37 I want to try. I hope that makes sense. leading me to 3) if there is a way to confirm that I am, or would be 100% schedular based on all 6 injuries and that chart, and if yes is there a way to request to have Tdiu removed? Again these are hypothetical questions and way way down the road if ever possible Also yes Buck52 my letter awards chapter 35 and says no future exams scheduled. It listed all the injuries in detail with a code and an explanation and percentage. It said permanent and total. It awarded ch 35 and then it said Tdiu is also awarded. All general statements. I'd love to get a copy of the true numbers and codes. Thank you

Wow. You just blew my mind. You definitely are well versed. I follow the math and what you are saying especially the non MH adding up to 83%. But bare with me if you will. I'm learning as I go. I'm aware ebenefits is rarely accurate but on my main page it just issues me 100% disabled with a link to those percentages and how they stack up on the va website. It then lists all service and non injuries and percentages. Nothing about unemployable. To my knowledge again I know you say it's not law but that 70/50/40/20/20/10 does equal 95 and rounds to 100 schedular. The codes and numbers are also listed in my award letter and each rating is explained. Typically that would supersede the Tdiu as normally you are not supposed to be both correct? Schedular precedes Tdiu. This is where BvP came into play correct Now on an additional page in ebenefits it adds "additional benefits" i.e. Ch 35, education benefits etc, which is where it lists that smc s is granted for the 70% mood and 60% related to lumbar. It reads as an add on. So essentially if either I had never filled out a 21-8940, or it was rated at 70 mood but not deemed a cause for Tdiu, I'd simply just be stationary at the 95% over the 6 injuries? So that would be schedular correct? Does that make sense how I'm asking? Is there a way to find out if I am definitely 100% Schedular other than the va math?

I'm sorry to hear you went through that. Criminal. So when they separated you I'm assuming they did so at under 30% dod? Hence the severance and lack of Tricare. That's gross. I was lucky. My actual retirement was based on back and sternum injuries only PDRL at 40% and I was pilot program so the va had my 80% ready upon retirement. You guys who had to do it all on your own after separation we're screwed so badly. The recent transparency is helping fix this slowly but they are still thousands of cases behind and vets are dying at the abg 22 a day I think still. That's 4 years that number is going. Fighting them is tough. And its counterintuitive Bc the medical professionals at the va are amazing. It's the admin side of everything that is awful.

John999.... No worries about the misunderstanding were all here dealing with the sleeping dragon that is the VA so I get the reaction. I appreciate the response and totally agree. They terrify me and I did fight hard to get here. I'm hoping that the p&t schedular rating takes precedence during school/voc rehab. Those are technically not working and I miss many days for my injuries or appointments. God willing if the day comes I feel I'm ready and capable to work it will be doing something I take pride in and is lucrative enough to not rely on them. I.e. Being a pa or substance abuse counselor working with vets like us for the government. Then if I get dropped to 90% total at least that's just gravy income and my gs years are added to my active duty years for pension. Again it's a long way off, it's all speculation right now, and nobody can predict anything. Hell I don't trust one day they tell all of us veterans they are broke and we're all out of a paycheck. That's actually one of my biggest motivations for getting better and working. But you're right I need to be very smart and careful. Thank you

Thank you for all of the advice and responses. I appreciate it. I agree there is a lot at stake and some major decisions to be made in the future. I will definitely tread cautiously into the future. Thanks again

Thank you senior. I am definitely P&T, as well as 100% schedular. I believe as Chuck75 states its a mandatory 100/60 Bradley peake rule. So technically I am both. Again this is all speculation bc nobody knows what the VA will do if and when I can work. My logic is that if that time comes, the only monetary difference is the SMC S money i get,, as schedular 100 and tdiu are both financially the same. I was considering if im capable just going back to work and holding that seperate SMC S money in a seperate account if they decide to ask for it back. As for the 100% they cant just reduce my schedular rating without a C&P and due process so Im not losing anything there. By saying asking forgiveness rather than permission originally, i meant id prefer to go about this intelligently causing as little ripple as possible. Im happy for my benefits but id rather be better and productive. thank you

Thank you for the replies. John999 my apologies if I offended you, but if you refer to my last paragraph I clearly state "Im happy to give up smc, and tdiu, but not 100% schedular PT or the benefits educationally my wife gets." I want to work. I earned 100% schedular P&T. Apparently i also qualify for 100/60 per guidelines. I dont make the rules. I never asked for SMC S. Id prefer the schedular ONLY and not rock the boat. At 37 im fighting like hell to get back to the real world. However just to make something clear, the military had no problems throwing any of us in uniform to the wolves, and fighting you for your benefits tooth and nail eternally. Too many vets have passed away before ever getting what they deserve.... So to answer your question: "You think you should get your retirement, 100% from the VA, housebound, and work full time?.... I think we all deserve everything we can get. we signed a blank check to the government. However, That said, No, i dont want to double or triple or any dip. I just want to work and be productive and keep my 100% schedular I earned. I feel thats fair and it wouldnt even be a question if they just granted the 100% schedular from day one and not this situation. Also you refer to my "retirement"; I was medically retired after 6 years of service. So my disability IS my retirement. I do not get an additional pension. As for SSDI i have applied until Im working. I want zero special treatment. If you reread my entire post you should come to the conclusion that I would like, if i am able to work full time again, to have tdiu and smc s removed, without prompting an evaluation. Nobody wants evaluations. I hope thats a little more clear. Thank you

Hello All, I apologize anything redundant, i see this topic is overrun with similar cases but none ive found like mine exactly and Im hoping someone can help or provide some direction. Ive researched endlessly for an answer to my question. Im a medically retired fmf corpsman. Upon retirement in 2010 i was initially rated 80% (84) and ha a claim for tdiu as well as other increases. In 2013 after a c&p for psych and back injuries, I was upped to the following: 70% mood disorder (up from 30) 50% sleep apnea (up from 30) 40% lumbar (up from 20) 20% sternal injury 20% pectoral shoulder tear 10% cervical strain total 100% (95) P&T Interestingly my ebenefits lists these all accurately but still shows the previous rating for mood disorder (then diagnosed as MDD for 30%. I dont know why it still shows. the back increase was alone as was the sleep apnea (previously 20% and 30% respectively). So why MDD is still showing leads me to believe its probably a typo. Moving on. I am schedular 100% p&t. but i believe, because of the following explanation under my additional benefits section I am a Bradley vs Peake candidate: "Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of mood disorder (previously rated as major depressive disorder with anxiety disorder and body dysmorphic disorder (also claimed as involutional melancholia, severe insomnia due to pain, and adjustment disorder with anxious mood)) a single disability upon which a total individual unemployability rating is based and additional service-connected disabilities of lumbosacral strain claimed as lumbago pain and spasm , independently ratable at 60 percent or more from 09/09/2011. Rating Date : 11/20/2013" Now i dont understand bc my back injury is rated at 40% NOT 60% But im not complaining. My concern and desires are this; Im in Voc rehab now, and when i graduate will use my remaining 8 months of GI bill to pursue veterinary or physicians assistant school. So, Can I work freely due to being 100% schedular and P&T? In other words does that trump or in any way effect my SMC for TDIU B vs P? I do not fill out the 21-4140. The only feedback ive gotten anywhere is a moderator on YUKU who seems as educated in this as you are. His response was this: "your disabilities combine to 95%. So, in the eyes of the VA, you are schedular 100%. That's why you don't get the annual employment verification form. However, because you were (or could have been) IU based upon a single disability,you are eligible for SMC S (see “Bradley vs Peak” for reference. I know it's confusing.) I think of it as a loop hole that allows for an additional benefit that you would not qualify for otherwise. Maybe that will help.In any event, you are not IU. As long as your current ratings remain in force, you can work all you want without affecting your benefits for dependents - ChampVA and Chap 35." So needless to say im confused. The overall goal is to get back into a career and maintain my 100% Schedular P&T, as ive earned it. Now i know there is no crystal ball that can see if ill be called for a C&P in the future, but would going back to work prompt this? Should i request the smc removed as well as tdiu or ask for forgiveness in the future not permission? If this moderator, who is extremely resourceful from what ive seen, is correct the tdiu is secondary and ive earned the smc s according to guidelines, regardless of actual employment ability and my employment should not prompt an evaluation, particularly because I dont fill out a 21-4140. So if and when anyone has time id love your opinion on this, as I do WANT to work, but i want to play this game of chess with the VA very carefully. Im happy to give up smc, and tdiu, but not 100% schedular PT or the benefits educationally my wife gets. Please let me know your thoughts. Work is still a minimum of 14 months away. Thank you. V/R Zat954 HM3 retired