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zat954
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Posts posted by zat954
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25 minutes ago, asknod said:
Here are the requirements for 100% MDD. Keep in mind the Court(s) have held that you need not have each and every impediment but most of them. All MDD disabilities use the same set of metrics. Here is 38 CFR 4.130. It's a good place for some of you to begin your journey to attain the knowledge you need to win. Never think VA is going to "come after you" for filing too many claims. If they were, I'd be at 0% across the board.
Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucination; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name---100%
With that said, you can apply for Voc Rehab but there is a high probability that your VRC will declare you ineligible simply because of your subset of disabilities. In that case, you can pursue the Independent Living Program path in 38 USC 3120. I have received a computer to write my blog and recently was granted a sizable greenhouse to keep me out of the whiskey bars and whorehouses.
As a rule, I do not help individuals with their claims for several reasons. One, quite obviously, it's illegal and I risk my own compensation check for doing so. Secondly, it would take all my time away from helping my personal family of Veterans with Hepatitis C and AO diseases. Lastly, I enjoy gardening and devote endless hours to that and my horses. I offer advice. I counsel occasionally. I always help widows. I give back to my community. But I arrived here by reading the statutes and regulations for eight years. As long as any of you have the ability of sight, you, too, can attain this exact same knowledge with a little perseverance. Or maybe a lot of perseverance.
I spent two years in Vietnam, Thailand and Laos. I was in combat during some of that time. Real combat- as in killing and blowing up things. Not just close to the sound of bombs and artillery or sitting on an LZ waiting for the shit to hit. I know full well what it feels like to be shot at and also to be physically shot. I also know the unseen scars it inflicts on the mind. I was booted out with less than six months to go on a stellar enlistment because of what I endured/encountered in Southeast Asia. They called it Antisocial personality with Passive Aggressive tendencies. That was nine years before they invented PTSD. I do not think it is permanent but I'm not a doctor. I don't socialize with a lot of folks and I live in a very remote rural area. I have no doubt that anyone- Zat954 included- can turn his life around (and his mind) if he so chooses. It takes time. Never become comfortable in your surroundings. Change will wreak havoc on you.
The highest calling any of you can do here is to learn and share claims knowledge with those who come after you. I hear far too many express that sentiment after I help them attain 100%. By rights, that should be the "breather" needed to learn this and teach others. Sadly, they all drift away and disremember their promise. There are far too few Theresas, Berthas and Carlies in this world. Think where you'd be without Hadit or asknod.org. Theresa built an inexorable snowball that began its descent in 1997 and has done nothing but gain momentum, followers and a stellar reputation for honest appraisals. I think any who come here can decypher the tenor of our commitment to Veterans. Rarely will you see snarky behaviour or someone purposefully inciting others to argue by 'flaming' them. That is for other sites where seniority, rather than knowledge, is perceived as being most important.
What will happen when we're gone? I have more diseases than I can count on both hands and I'm 65 in a week. One day our voices will be silenced and the advice with it. What I did in my war will stay on the other side of the globe.What I do here will hopefully help others now but a new phalanx of up and coming Veterans willing to help teach others is what is needed. Giving advice is easy. Giving good advice that is error-free can be the difference between a 70% rating and R2. That takes study. I do know all of you want to help in a meaningful way. Just remember that reciting your particular journey is just that. Each claim is horribly unique to that person. There is no 'one-size-fits-all' that is appropriate. This thread is a classic example of that. I spotted multiple errors and attempted to enlighten 954. Learning VA law is not complicated or difficult. It's akin to riding a bike. Pretty soon you know the regulations and can recite them without holding on to the handlebars. But you often have to know the why-not just the "because it says so'. We must follow the Hippocratic oath doing this--First, Do No Harm. If you are fuzzy or unsure, the absolute worst thing you could do is to start spouting half a regulation. Look it up. Teach others to do the same.
Happy Easter to you all and thank you for wanting the best outcome for America and our Veterans.
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 -
5 minutes ago, john999 said:
Zat
I think you are going to push it until you lose what you have. You keep trying to find a way to keep your 100% compensation rate and work and keep all P&T benefits. Have you read what it actually takes to get 100% scheduler for a mental health psychotic disorder? I have know many people with severe depression who have gotten better and then have relapse and lost their jobs etc. You are out of your wits to keep pursuing this unless you can get 100% scheduler by some other way than a depression case. There is something called wanting to have your cake and eating it as well. Just please don't start talking about work at the VA. You can be as boneheaded as you want, but try and keep your mouth shut at the VA.
John
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
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2 minutes ago, Buck52 said:
I understand zat954, I would feel the same way if I were younger too, its hard to accept being unemployable at your age.
if you ever do get better or to where you can go back to work you may want to contact the VA and let them know. that will help you if you ever need VA Compensation in the future for your SC Disability's
it shows your integrity and good character.
AS bad and crazy the VA can be at times they still like to be told the truth so being honest helps with the VA.
jno
................................Buck
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
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42 minutes ago, TALON II FE said:
zat954, what many here are telling you is that you were given the Golden Goose and now, rather than collecting the eggs, you are trying to crawl up said Goose's rear to get more eggs. You say you just want to work but you are receiving compensation for not working but you want to keep getting the money for not working but you want to work but you maybe can't but you want your money for not working even if you work. Confusing read that is a bit nonsensical? You can keep asking until someone tells you what you want to hear, that won't make it legit. You are rated primarily for a mental disorder. Go to work if you like, but even a 70%, by definition in the rating schedule, precludes almost all employment besides things like being the "creepy mower guy" at the high school field house. Meanwhile, you are asking for advice on how to get to 100% for depression while still going to work? I am rated for much more than you, not much older, and I don't have SMC. At some point you need to decide whether to be happy with what you have or throw it out the window for whatever is in the "other case". I will advocate for anyone and everyone to get ALL the benefits and compensation they deserve, but it appears you just want...imo.
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.
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2 minutes ago, Gastone said:
What NOD said, and after your done with school, if you hold SGI+ employment for 12 Consecutive months (No Interruptions) you would probably get popped for an IU Reduction.
Remember when you received your IU Award Letter, a page near the end addressed your eligibility for VA Vocational Rehab, right. Your Medical, not necessarily your MH issues, maybe T & P, but your IU Award never is. At least not until your 69+. Your SSA Records indicate Earned Income above the VA's SGI ($12,400 under 65), start looking over your shoulder.
Thy VA's requirement for IU Anniversary Date, Past 12 month, Income & Employment Verification Letter was put back into effect, in 14, I think. I was Awarded IU 06/27/14, received the Verification Letter about 07/14/15.
How will your MH issues affect your ability to deal with people in a Medical or business setting? You can get your Vet Degree, no problem with your IU, until your SGI+ is questioned, 2+ years down the road.
Live your LIFE Today, Tomorrow isn't guaranteed. As Alfred E Newman always said, "What, Me Worry?"
Is Mad Magazine still around?
Semper Fi
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
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13 hours ago, asknod said:
Let's say I offer good advice and maybe about 500 or so Veterans have used it to attain 100% schedular or TDIU. I am seeking accreditation at the moment and awaiting the outcome of my CBI ordered by VA's OGC.
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?ThanksReed -
5 hours ago, asknod said:
For argument's sake, you could petition the VA to rescind your SMC S and ask them to rate you at 100% P&T. That would not be 100% schedular as I pointed out earlier. You have no 100% ratings. Unless you have been rated at 100% schedular for any one disease or injury, you add up your disabilities using the chart on 4.25. VA has used 4.16 to determine you qualify for TDIU based on MDD @ 70% . This "frees up" the rest of your ratings to make the argument for SMC S like Mr. Bradley did.
But...If you insist on going the "add 'em up" route, you end up here .... 70+ 50= 85/// 85 + 40=91///91 + 20=93///93+ 20=94///94+10=95>>> .100%. However, you have now used up all your ammo to get to 100%. That doesn't mean automatic P&T. That is another hurtle accomplished by showing there is no improvement over 2 years at the next C&P exam. Assuming your condition is static, you'd get the P&T but where are you going to assemble additional ratings to attain SMC (s)? You just shot them all to get to your 100%. Do you see the logic now? VA accorded you the most lenient reading of the ratings based on your ability to be employed (or not). It was a TDIU decision as they clearly stated in the decision language I copied for you. Forget the words "100% schedular". You aren't. VA is empowered to grant whatever they want whenever they want to. You can get TDIU with no 8940. It hinges on how disabled you are and how disabled VA views you too.
As for obtaining your most up to date ratings awards sheet, you may ask VA to send you one by filing a 21-3288 and specifying it. I'd ask for the c-file in its entirety before it accidentally burns up in the Friday July 13th, 1973 fire. VA keeps on blaming the loss of their files to that even if you served in Desert Storm.
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.
What the hey? Look at me. I never intended to work again after I did a year and 4 surgeries at the VAMC. Now I'm preparing for an exciting new life as a VA agent (hopefully). I'm glad I went for 100% schedular at the outset rather than let VA blow TDIU smoke up my derriere. Always remember this. There is no such thing as "permanent TDIU". I do not care how many assurances you get that "no more examinations are scheduled". If you put one penny into SSI and VA sees it, they'll be knocking on the door and asking for a new C&P.
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.
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Just now, Buck52 said:
zat954
Asknod aka Alex Is one of the best there is here on hadit to help veterans you can take what he says to the Bank.
He knows what he talks about.
If I needed him I'd sure Hire him and I might need him someday...never know with the crazy VA eh!
.............Buck
Agreed. Thanks to all you guys.
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12 minutes ago, asknod said:
Let's say I offer good advice and maybe about 500 or so Veterans have used it to attain 100% schedular or TDIU. I am seeking accreditation at the moment and awaiting the outcome of my CBI ordered by VA's OGC.
Well I appreciate it and I'll definitely be seeking more in the future. Good luck to you
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11 minutes ago, asknod said:
For argument's sake, you could petition the VA to rescind your SMC S and ask them to rate you at 100% P&T. That would not be 100% schedular as I pointed out earlier. You have no 100% ratings. Unless you have been rated at 100% schedular for any one disease or injury, you add up your disabilities using the chart on 4.25. VA has used 4.16 to determine you qualify for TDIU based on MDD @ 70% . This "frees up" the rest of your ratings to make the argument for SMC S like Mr. Bradley did.
But...If you insist on going the "add 'em up" route, you end up here .... 70+ 50= 85/// 85 + 40=91///91 + 20=93///93+ 20=94///94+10=95>>> .100%. However, you have now used up all your ammo to get to 100%. That doesn't mean automatic P&T. That is another hurtle accomplished by showing there is no improvement over 2 years at the next C&P exam. Assuming your condition is static, you'd get the P&T but where are you going to assemble additional ratings to attain SMC (s)? You just shot them all to get to your 100%. Do you see the logic now? VA accorded you the most lenient reading of the ratings based on your ability to be employed (or not). It was a TDIU decision as they clearly stated in the decision language I copied for you. Forget the words "100% schedular". You aren't. VA is empowered to grant whatever they want whenever they want to. You can get TDIU with no 8940. It hinges on how disabled you are and how disabled VA views you too.
As for obtaining your most up to date ratings awards sheet, you may ask VA to send you one by filing a 21-3288 and specifying it. I'd ask for the c-file in its entirety before it accidentally burns up in the Friday July 13th, 1973 fire. VA keeps on blaming the loss of their files to that even if you served in Desert Storm.
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.
What the hey? Look at me. I never intended to work again after I did a year and 4 surgeries at the VAMC. Now I'm preparing for an exciting new life as a VA agent (hopefully). I'm glad I went for 100% schedular at the outset rather than let VA blow TDIU smoke up my derriere. Always remember this. There is no such thing as "permanent TDIU". I do not care how many assurances you get that "no more examinations are scheduled". If you put one penny into SSI and VA sees it, they'll be knocking on the door and asking for a new C&P.
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%.
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14 minutes ago, Buck52 said:
This just my opinion
but I think it matters a lot on what they rate the IU FOR why they may come after the veteran with a C&P
Is it Temp IU? IS THE DISABILITY EXPECTED TO GET BETTER &IMPROVE OVER TIME?
or is the IU static/chronic in nature to be P&T...Ok either way they can come after ya with a C&P but highly unlikely if you have a static chronic in nature disabling disability.
being age 55 and over helps,
Remember Hadit CUE Specialist Ms Carlie, She was in the VA Hospital for testing purposes & after a few weeks or a week if I remember correctly and she was sent a C&P letter she had her disabilities at 100%static /chronic in nature no future exams scheduled plus SMC's
she ended up emailing Bob or Allison and they cancel her useless C&P
what a awful hit & heavy loss we all felt when ms Carlie Passed away.
I will always remember her saying'' get that IMO/IME even if you have to sale Aluminum cans just get it.
I sure miss her/her humor and her well informed post
may ms carlie RIP
............Buck
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.
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12 minutes ago, asknod said:
Schedular refers to the actual percentage of the rating assigned-never to a composite, added up score. EBennies is deceptive. They do not have a little circle and TDIU to express it. When you hit TDIU, it pays like 100%. You are young. Let me forecast what will happen when your TDIU is 19 years and 3 months old. Suddenly, VA will reexamine you. You get called in for a C&P. Then another one. They need two to prove you got better on paper. Bingo, they reduce you based on the two exams. They will magnanimously rejigger the ratings to say you now qualify for TDIU again based on your back. You think everything is still hunky dory. If you check, you will discover they have reset your 10-year clock for DIC for you wife. You'll have to maintain this new TDIU for ten years in order for her to get the DIC benefit all over again. I've seen it happen about 20 times. Each Vet was dumbfounded when he got broadsided. This is why I advocate for all my Vets to attain 100% as soon as possible if at all possible. Since most of the Vets I help are RVN boots on the ground and Hep C sufferers, getting to 100% schedular is not a problem and we usually find a way to get there from two different 100% schedular directions such as AO presumptives. Think of 100% schedular as a Harley. Think of TDIU as a Cushman. They both get you there but you'll be wanting the 100% schedular to CYA. It's the gold standard and VA feel much less inclined to disturb the 100% schedulars. What the hey? Look at all the TDIU fish in the pond they can go after.
Additional benefits such as Chap. 35 are what ensue from the P&T only. Ratings, or more particularly ratings that exceed 100%, are the foothills leading to SMC. Don't confuse entitlements with compensations. DEA (Chapter 35 bennies) is an entitlement program predicated on reaching P&T. SMC is compensation based on how ginormous your ratings numbers are.
Reread my earlier post. I was busy editing it when you put up your next one.
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
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7 minutes ago, asknod said:
Zat,954-
You are not 100% schedular. You are P&T TDIU. Here's why. You cannot use eBenefits ratings sheets as the metric for what you are or are not. You do not have one (1) disease or injury rated at 100% schedular using Part 4, 38 CFR. Without that, you will never be "100% schedular".
You are rated TDIU at P&T for the 70% MDD alone. TDIU expressly holds you need a single disability 60% or greater Or.... a combo of disabilities that consists of one 40% rating and others that add up to a combined (VA math) 70%. (4.16) From the language, it sounds as if they combined several MDDs to arrive at a combined 70%.
Since you are 70% for your MDD, which a true VA ratings sheet would show in your c-file, any combination of disabilities that add up to or exceed 60%, be they from lumbosacral or other etiologies, AS LONG AS THEY DO NOT INVOLVE MDD, will entitle you to SMC S. This is the sole basis for your entitlement.
I see far too many Vets become enamoured of the phrase "100% schedular." Far too many Diagnostic codes top out at less than 100% schedular and force us to seek TDIU. VA doesn't apply TDIU quite the way we think of it. One disease, the moment it reaches 60% is the springboard for TDIU all by itself. VA is not going to do a rolling addition of all your disabilities to get to a (95>%)= 100% rating if any single one is 60 % or greater. Likewise, if you have a 40% and others that reach 70%, they begin the process of examining you from a TDIU perspective. We currently have to file a 21-8940 if we're "iffy" to get it. At that point it becomes an extraschedular TDIU. If the combo of your ills is deemed insufficient to prevent you from working, you flunk the TDIU test.
In your case, they determined that the combo of MDDs at 70% is the sole reason you are unemployable. If you are P&T and never work again, your rating is substantially protected after 5 years by 3.344. However, if you go back to work, you risk having the TDIU rescinded. Trust me on this one.
Here's your TDIU: 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 .
As you point out, your lumbar problem is not 60% but VA has added all your "lumbar related" disabilities to make one independently rated disease or injury that does add up to 60% or more so that you qualify for the SMC S. This is one of those rare instances where they got it right the first time. Actually, with the number of diseases you have ratings for, they had no problem finding 60% because 50+40+20+20+10= 83% <80%.
Always read 3.350(i) for it's least complicated meaning. Just because it says 100% as the initial qualifier, remember Bradley turned that into TDIU as well. Also, the 60% required as the kicker can be one or more disabilities unrelated to the TDIU qualifier and also unrelated to each other such as your lumbar and sleep apnea issues.
If you choose to go out and work, you will lose your TDIU. I do not care what the YUKU wizard moderator told you. He's blowing bubbles. They do that a lot over at the Pink Site. I'm sure they mean well but you have to understand where their loyalties lie. When in doubt, get a confirmed ratings sheet. Here: I'll attach one for you so you know what they look like. They specify exactly what you are rated for and how much.
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?
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3 hours ago, justrluk said:
In several ways, I'm in the same boat. I was medically retired, but see no retirement income. The offset of VA comp takes care of that. I'm still repaying my disability severance received from the AF, which if I knew it would only be a loan, I would have hired a lawyer to help keep me in the service as long as possible. Water under the bridge at this point. In the process, I went bankrupt paying medical bills until the VA started taking care of the biggest medical issues. I paid all creditors and got to keep my 11-year-old vehicle. Most of the compensation I got from the VA covered housing and food and clothing. My pay- 3/4 of it - went to pay creditors. After several years of paying things off, several conditions got worse and I was increased to 100% schedular. I was working for the government as a disabled vet, so at least I had some health insurance, dental, etc. Never had any dental or family benefits from the VA until recently. Then, after an eight-year (or so) appeal, I was awarded P&T. At least now my kids can get an education and my wife has something more than a bare-bones insurance payout if I pass. Even while working, I spent most of last year in the hospital with several surgeries. I could not have planned for this, but at least with the VA I was covered. I took leave without pay and lost a lot of income and am paying back insurance, etc. just to keep up.
My point is this: we all have our own circumstances, how we got where we are and what our lives mean to us. I agree: I'd rather at least try to work as long as I am able than not. However, I learned in the last year that things don't always work out the way you think they will. While sitting in the hospital, the only real comfort in all of it was knowing my kids would get an education and my wife would be able to survive on the death benefits. The way I see it, at least I didn't loose my family over all this mess. I've been real close to death a few too many times in the last year to don't take any of this for granted. I'll tell you what I was told when I first entered the VA system (by my PC doc): are you prepared for the day you can no longer work? John and many others here have had to face that issue and I'm sure would choose to work as much as they could. Just my thoughts - I think working is great but I've had to come to grips with not being able to work - it wasn't pretty. You may have touched that 'third rail' without knowing it.
Last thoughts: be prepared for the day you can no longer work. It wasn't a goal for me, but a brick wall I hit most of last year. I was prepared financially (only because of VA benefits), but not emotionally.
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.
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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
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1 minute ago, justrluk said:
Just for clarification: your overall percentage is 100% and you have confirmation of Chapter 35 benefits and no further examinations scheduled? If so, working is up to you. If you are TDIU (v. P&T), your rating suggests you are 100% *and/due to* inability to work. So, if 100% P&T, yes you can work. Not P&T (should show on your commissary letter or in a decision if you are), you can work if 100% schedular (total using VA math). 100% due to TDIU, work has limitations.
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
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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
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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
SMC S, schedular 100, tdiu, P&T and working
in SMC S
Posted
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