GeekySquid

hey Bronco, i just tried that link and it returns a error. do you have the specifics of the search criteria or a case number?

Thanks SilverD, I thought it did but wanted to double check. I appreciate the response.

Buck, just a question on this. Doesn't filing your intent to file set the EED? meaning if place the notification you have time to flesh out the claims and all/any of them will have that same date even if you don't submit all claims at the same time. or am i misunderstanding that aspect of the EED rules, which is more than possible

in word, YES. Lay testimony is credible and statements from your wife are very relevant. she is also suffering from a deprivation and loss of affection which outside the VA is an actual legal standard that can be sued over. If you are unsure of what to say or how to say it, Chris Attig over at Veterans Law Blog has an ebook on how to properly write a lay claim statement. He also as bunch of other informational books, that if I had the extra cash I would buy to help improve future claims. https://www.veteranslawblog.org/shop/page/2/ Go over all the DBQ's related to genitourinary conditions. you may also want to look at this https://www.gpo.gov/fdsys/pkg/CFR-2014-title38-vol1/pdf/CFR-2014-title38-vol1-sec4-115b.pdf it has the different IDC rating codes that your doc can/should/might apply to this. you may also want to go here https://www.benefits.va.gov/WARMS/bookc.asp#l and for this issue look for 4.115a and 4.115b which are under the Genitourinary System section. you don't have to be graphic in your statement but definitely articulate your related anxiety, depression, and or any negative feelings you have about yourself if/when things don't work as they should things like does it lead to fights, anger, her leaving you, you escaping having to look at her because you feel/see reproachment from her over this, etc are all things to articulate in the C&P and to the urologist. I would also suggest, if you don't know, that if they ask about urinary problems and they likely will, they will ask about how many "pads" you go through a day, it is in the DBQ. I did not know they made pads for men, go figure. The number of pads you use a day is a indicator of genitourinary problems including ED stuff. so does strength of stream, stopping and starting and if you feel as if there is always/usually some left over in your urethra. I promise you the conversation can be embarrassing, but only if you feel that way. The doctors just that, doctors and they know that topic is uncomfortable to men and related to our self-image. Don't try and make it seem less of a problem than it is, you don't get points for dealing with it "like a man" as everyone at my old commands used to say about any complaint anyone had for any reason..

Ocean, I would take the DBQ to the urologist appointment. explain the history and let them know you have a claim in. There are specific words/wording in the DBQ that if they appear in your medical file it will bolster your claim. This goes for any claim. As for ED or Loss of Creative Organ. I was rated as 70% PTSD 10% Tinnitus starting in 2012. I was not aware there was a rating for ED and like most men I was not particularly happy to discuss it with anyone. The C&P examiner knew I had ED as we discussed sexual intimacy and the issues I had with that. I do have a record of ED problem in my military medical records, but at that time there was no such thing as viagra. The VAMC that rated me had me do a prostate check because of urination issues. They noted mild BPH and the urologist offered me Viagra so I tried it. That Doc knew I had PTSD and had had this problem for a couple of decades but failed to mention that there was a possible claim for benefits. Jump to this year, I moved to a new area and at the same time the VA decided I needed to have a PTSD review C&P. Jumped to 100% P&T for PTSD. In the process of getting that C&P i found this site and read up on stuff and found that ED is compensable and can be rated or SMC-K can be applied. I filed for ED and a few days later had a C&P for ED. no further exam needed. I am now waiting for the RO to finish processing that claim and a couple other things. My point is that not only will your PTSD meds cause ED but so will PTSD by itself. Hypertension and most Mood Disorders have an effect on ED. As for pay there are references to certain conditions that are automatically assumed to having been a year before the actual exam, and they are paid that back pay. ED is one of those conditions as I understand it. Once I get the rating decision, if approved I will be looking to get an Earlier Date as it was part of the original C&P. At a minimum I expect the back pay for at least a year to be automatic. Additionally your spine issues also contribute to ED so you really should be good to go. good luck

I feel your pain Richard, physically and mentally. I went to my (supposed) PC Physician, she is actually a nurse, 18 days ago. I told her about my Achilles tendons snapping again, my plantar faciatis acting up and that I have growths on one eyelid and at the corner of the other eye. I realistically expected her to schedule referrals and did not ask specifically in the room with her. 8 days later I sent her a secure message asking about them. I never got a response, but today,18 days later, I went into myhealthyvet files and looked at the notes. In there the PC Nurse wrote, you mentioned the growths and your feet but you did not say you wanted a referral, do you want one? WTF!!!!! not only did she not respond using the message platform, she seems to think I good with growths on my eyes and limping.... gee great care from this one. She somehow, I believe, thinks that answering in the notes section protects her as an excuse for not responding to a secure message. I am going to see what the OIG says about this. It is absurd.

Congratulations. My AB8 updated the first week of Sept. with a claim date of the 16th of august 100% P&T for PTSD . Pay date being 1 Sept. I have not yet received any pay (I am expecting it to appear in the 1 Oct check plus a months back pay for Sept). I have also not yet received the BBE. I am curious, did you get your BBE yet? and oddly enough is it still a Big Brown Envelope? The reason I ask that second question is that I did receive an letter with the rating information, but no IDC codes and it says I am bumped to 100% P&T. Nothing else in the envelope except a piece of white paper saying if I disagreed with the decision I could appeal. In my initial rating I received the Big Brown Envelope and there was a lot of stuff in it, including a pink form to protest the decision. That same pink paper has come with almost every communication about any decision from the VA in my previous Region, which was New Orleans. Having moved to Seattle this is the first communication I have gotten and I am curious if the BBE has changed or if the formats are different depending on RO. Again, congratulations on the bump.

That is why the Wong ruling from SCOTUS is essential for the OP to learn and get a lawyer who knows about it / has experience winning FTCA claims. The VA Attorneys denial as laid out by OP can only reside on the idea that equitable tolling does not apply. Wong says for FTCA cases equitable tolling is to be considered as FTCA is not jurisdictional. It does not mean he will automatically win, it means he has to pursue it and do so quickly . That second set of time limits makes it a priority for him to get it done ASAP. The government only lets itself be sued so often and in a vary narrow set of circumstances and FTCA is one of those times. That the VA attorney is doing this based on what amounts to a quibble is, in my opinion, disgusting and an insult added on top of injury committed by the VA itself. I wish him well and I hope he finds the right lawyer with the chops to push this through and win.

You are correct I misspoke the Regional VA Attorney is the first step and the six months does apply to that situation so he might need to hurry.

Dr. Ed I am not a lawyer but I suggest you read United States v. Wong, 135 S. Ct. 1625 (2015). you can find a really good synopsis and discussion at this link from the Cumberland Law Review https://cumberlandlawreview.com/2016/02/06/barred-forever-determining-whether-ftca-time-limitations-permit-equitable-tolling/ In Wong SCOTUS ruled that: Congress did not intend to make the FTCA time bars jurisdictional because the statute lacked clear jurisdictional language. The Court explained that the language of the FTCA pertains only to timeliness, rather than to a court’s power to hear the claim.The Court noted that the language “forever barred” is merely “run-of-the-mill” statute of limitations rhetoric establishing a claimant’s filing obligations. Therefore, because the statute lacked clear Congressional intent for the statutory time limits to be jurisdictional, the Court held that the FTCA time bars should be presumed to be nonjurisdictional. Because nonjurisdictional time bars do not restrict the court’s authority to hear the claim, the Court held that these time limitations can be equitably tolled. However, whether these time bars in suits against the federal government are always subject to equitable tolling is a question that has plagued the Court throughout the years. The next thing you need to do is shop around for an FTCA attorney that knows Wong without you telling you about it. Preferably one that has successfully worked Veterans FTCA cases before yours. In short the Court erred in ruling that you were time barred from bringing the suit on the precedent setting determination that FTCA cases were never meant to be jurisdictional in nature. The court should have ruled that equitable tolling was in play assuming no other factors come into it. You will have to move fast and will probably want an en banc hearing of the court on your appeal of their ruling. You should be prepared to head to SCOTUS too. The good news for you is that in reality when you filed with the court the clock stopped ( the case was tolled), but then it restarted with their ruling. It will stop again when you appeal. Make sure you do it quick. Just as a further note, time barring overrides any claim of evidence proving the case no matter how unfair that sounds, it is the reality. The reasoning is they don't want to be swamped with cases 10, 20, 50, or even a 100 years old being customarily heard. Some rare ones can and should be heard, but mostly they shouldn't. Two years is too short, but that is the law.

@jamesriley1990 You need to be honest with the doctor and I mean brutally honest about yourself, your actions, reactions, behaviors and the negatives they create in your life. People generally try to put their best foot forward, make the best impression and us vets do it as often as non-vets. Many of us have an image of our own masculinity that is exaggerated or at least strictly linked to the face we put on in public. Leave that guy at home when you do your C&P. The better you tell the doctor you can cope on your own, the less the VA feels it is necessary to compensate you for the damage you have suffered. This link has all the DBQs (Disability Benefit Questionnaires) and I suggest you look at all the DBQ's that fit your conditions and please make note of any potential secondary conditions to your PTSD. https://www.benefits.va.gov/compensation/dbq_disabilityexams.asp There is no easy to read matrix of secondary conditions and combinations and the VA docs will generally not say to you "this is rateable". So it becomes up to you to figure out what might be what and make sure Med Records reflect that wherever possible. What I mean by that is for example depression and anxiety can be secondary to PTSD, as can ED (which is a genitourinary DBQ) or ED can be a secondary to Depression or Anxiety or a dozen other Social Mood Disorders. If you have significant ED it can be classified under SMC-K and add $105.00 to your monthly compensation no matter what your PTSD rating ends up being. Having an occasional limp noodle doesn't cut it in this case. It is up to you to connect the dots for the C&P doctor and the raters. Lay persons statements can help support the problems ED causes in your life. Do you have Acid Reflux/heartburn all the time? If you can document it and it occurs after your nexus events it might be rateable as a secondary to your PTSD as anxiety can cause gastric distress that could cause other things. You should also note that SC rated problems can increase non-SC problems and that increase may be compensable. Untreated PTSD and many of the secondary conditions become worse with age. Heck even treated PTSD can get worse as you age. Never lie or exaggerate when you speak to the C&P doc(s), but also make sure that you don't try and make yourself look better than you actually are. For example if the day of the C&P you feel okay, not depressed or anxious don't use that day to answer the question. Remember the worst day you have had and report that day when asked. If you get depressed 3 or 4 times a week, report that. If you are depressed for weeks on end, report that. If you get angry easily, even irrationally angry and know you are being irrational, let the doctor know. Figure out the worst thing you did over the dumbest issue that sent you into anger / irrational anger and relate that as well as how often it happens. If you can feel yourself get angry and leave the situation, tell them that and tell them what/how you work off the anger. Tell the doctor about work reprimands, losing friends, being shunned by others, not invited to or interested in going to social events, particularly special social events you skip. If they ask you do you have periods when you feel like you can do anything and then periods that you feel like a dirty failure, they are looking at several possible things including BiPolar Condition or possibly Manic Depression. Know what that means in terms of the VA DBQ's since the VA has some relatively unique definitions that most non-medical people won't know off the cuff, it benefits you to know what the meaning of the questions is focused on. Do you have days where you just don't shower or brush your teeth or don't want to but force yourself to because you have no choice in leaving the house? if so tell them that and the worst of those. By some chance are you overweight? have diabetes? can't drag yourself to exercise because of your PTSD? tell the C&P doc. depression and anxiety can be significant contributors to overeating and not exercising. Overeating can lead to diabetes... you should see the pattern there. Do you have night terrors? if so describe them and if you have a spouse or significant other get them to write letters documenting how you thrash, scream, wimper or whatever and how often. My night terrors have an odd component to them. I relive the nexus events, which is typical, but anyone who I am close to (as a friend, loved one, etc) or have had significant close contact with that day, will be incorporated into them. I can tell you that seeing the flesh burned off someone you love is not a good thing to experience, much less on a nightly basis. IT is really hard to tell people that, including doctors. It makes you sound crazy when it is actually a result of the nexus events. Do you feel like people are to get you? even sometimes? Paranoia and PTSD have lots of linkage. The severity ranges to the occasional wondering if the boss/coworker doesn't like you for some reason, to Alex Jones of the Conspiracy Theory-Vitamin Hawking type that spews a continuous stream of "i am a victim" claims. Also know that if someone is out to get you, you may be legitimately paranoid about it, but you are still paranoid for rating purposes. Do you suffer from urination problems? slow stream, weak stream, problem stopping or starting, frothy urine, odd color, etc. These can be part and parcel of several secondaries that are made worse by your PTSD. Make sure you tell the doctor. If they ask you how many "pads" you use a day they are referring to incontinence products, not something people normally feel comfortable talking about to friends much less strangers. The more pads you use a day, the worse your leakage is and that affects the negative impact of the condition as a secondary claim. The term pads also applies to Adult Diapers, shields, etc. If you don't use them but should, let the doctor know. Not everyone knows "pads" exist for men, I certainly didn't and I was damned if I was going to wear a diaper so I dealt with it by having lots of drawers and doing frequent laundry. The VA will provide you incontinence products once you are rated and diagnosed. My point is don't be proud and try to make a stranger think you have a grip on things when you don't really. The VA does not compensate you for struggling to make things look "normal", they compensate you for the degree that your disability takes you outside the norm for societal interactions or physical functions. Meaning if your PTSD, depression, anxiety and BiPolar conditions make you a jackass to be around and you have no friends/loss friends because of it, tell the doctor. IT matters. To your direct question of can you work with a 50% (or greater) PTSD rating, the answer is yes, and possibly no under some circumstances. A veteran who is rated at 100% scheduler SC, even 100% PTSD, can work. One things that would make is you could not work was if the PTSD was so severe you were filing for Aid and Attendance and or you were home bound. This would make it difficult to justify working with a typical 100% rating but it can be done. Severe Agoraphobia from PTSD does not mean you cannot work, however paranoid delusions with violent tendencies and psychotic rampaging episodes probably does. The other time you could not work (or actually can only earn up to the Federal Poverty Level for your household size) is if you were to claim / be granted TD/IU which does not seem to be the case for you. Under the TD/IU regulations what happens is a veteran who is chronically unemployed, fired, etc due to their service connected disability, and the VA knows about it, the raters can infer TD/IU and pay you at 100% even if your PTSD is rated below the 100% level. This means you don't have to actually file the claim for them to rate it as TD/IU but you would have to sign a form if they did grant that rating so by inaction you could avoid the TD/IU rating but you would not get the pay at 100% The elder members here can choose to provide clarifications or amplifications of what I just said. But of all things be honest, have the documentation and try to make yourself look better than you really are. Good Luck, Please post your results and let others know your ratings, results and IDC codes if you can.

@SikNtired you don't say what you are rated for but this post says That will be the likely reason for the new c&p you got bumped to 60% in 2014 bumped to 90% in 2016. The post suggests you have tried to reopen the claim, which suggests you are not P&T so that would indicate they are trying to see if you are stable or if your conditions are continuing to deteriorate. Check the DBQ's for all the conditions and secondaries you are rated for, even those not SC if any. Read what the symptoms are and or the criteria for rating. For example for the PTSD review DBQ has 7 possible statements the VA requires the doc to select from: NO MENTAL DISORDER DIAGNOSIS all the way to TOTAL OCCUPATIONAL AND SOCIAL IMPAIRMENT Since you are 90% it is unlikely you are rated more than 70% for PTSD since the next PTSD step is 100%. I just use it as an example of the range of things they look for on that DBQ. you can find all DBQs through this link https://www.benefits.va.gov/compensation/dbq_disabilityexams.asp Just for discussion sake if you were 70% on 1 SC issue it would take 8 more 10% compensable conditions for you to get paid at 90% (VA rounds up from 5's rounds down for 4's) or 1 70%, 1 40% and 1 20% to get paid at 90%. But if you are rated at actual 90% it will take 5 more 10% conditions to get paid at 100% So definitely check the DBQ's and if you don't mind sharing, post your rated conditions here so some of the really experienced folks can look at them and maybe come up with something. Good Luck

@andrewdc Have you looked at the DBQ for Mental Disorders other than PTSD? if not here is the link https://www.vba.va.gov/pubs/forms/VBA-21-0960P-2-ARE.pdf you can find all the questionnaires on this page https://www.benefits.va.gov/compensation/dbq_disabilityexams.asp Just choose between form name and or the symptoms to find what you are looking for. The checklist of symptoms in Sec 3 of that form is what the docs will be looking for and probably asking the severity of. Some one mentioned TBI and I don't see you mentioning PTSD, but I notice you said your wife retired 6 years ago. With a little back of napkin math that suggests you are a Vietnam veteran. If so your MH diagnosis might have missed a connection to either of those diagnosis. only you know if that is true. I know I just got my rating upped to 100% P&T for PTSD and 8 disabled veterans I know who work for Vets Orgs told me to run to the SSA and file and use the expedited process. They are of the belief that it works and works rapidly, though I don't know how your still working will affect the situation. I don't know if any of that helps, but I wish you well and hope you will report back your successes.

@MyGooseIsLoose Congrats on your win. I realize I am late to the party to say that. I too went from 70% PTSD 10% Tinnitus to 100% PTSD P&T in a very short time between last C&P (for PTSD, I had another for a different issue later) and AB8 letter. In fact it was about 3 weeks, during which I frantically and frequently made posts here asking questions. My date is 1 Sept so I should get paid by 1 Oct. QTC was the C&P examining company for me also. My doc however asked a ton of questions, told me what he was writing and assured me that even though he was not supposed to talk about what the raters would do my outcome should be very favorable, and he was right. Another poster mentioned TDIU and problems getting VocRehab. VR&E is like every other part of the VA in that often one hand does not know what the other is doing. Each RO has its own speed, and sometimes own rules and behavior patterns. You should be eligible for the Forever GI Bill and if you did top ups or whatever your branch called them you should be fine going to school / getting the training you want. Meaning VocRehab benefits would not even apply to you at this stage unless you already used your GI Bill allocation. TDIU does not block any VR&E benefit but your RO might misapply the rules and you would then have to file an appeal . Getting an education and or training that will allow you to work is a primary goal of the VA benefits system. There should actually be a slash between TD & IU, they are separate things/categories but we short hand it as TDIU. Yours is not rated permanent. The one really harsh thing about TDIU is the income limitations which you say you know. You can literally only legally earn what the Fed Gov sets at poverty level for your family size, which is not much. The same rules apply if you get awarded SSDI or SSI, you can only make poverty level income or there can be legal/financial problems for you. I suggest you turn yourself into an expert on the TD/IU rules and laws. For example the VA is required to make sure that if you do get work that you are stable and self-sufficient in that work before terminating your TD/IU status and pay. I would imagine the last thing you want is for the raters to decide that working a $7 an hour job part time makes you stable and self-sufficient enough to decrease your rating. Keep going to your appointments if they are helping you. If possible, and you are interested, see about getting a service animal that doubles as emotional support. No landlord can refuse to rent to you because of a service animal and state laws also cover companion animals. Airlines even have to let them fly with you. 29 sucks to be disabled, I know I was 28 when I got out and back then the VAMC's and VARO's I tried to get help from denied me; most denied I was even in the service despite having my DD 214's in hand. I went through 12 before I stopped trying and just dealt with things the best I could. I have almost 3 decades on you and it has been only since 2013 that the VA actually acknowledged me, rated me and offered me help. Good luck and I hope your one of the lucky ones whose PTSD is "curable" or at least not debilitating for your entire life.

@Navy04 Thanks. Found out the packet was mailed on 8/27 minimum of 10 days to get it (snail mail from the VARO to my home takes on average 12 days and I don't know why) so I called my Amer Legion rep in the VARO building and they were able to get me a copy of the AB8 letter. Now have the very odd C&P for ED on 8/31 even though SMR and VA med records are clear on it being tied to SC conditions. Then have med appts for issues with my ankles, back and achilles tendons that are documented in my SMR and over time since then but not at VAMC. I hope this new VAMC will actually treat what I tell them is wrong, my last one just ignored my requests to be treated for these and other things.

@19K2O Thanks and sorry to hear your process is going slow. Your case may be more complex than mine. I wish you well and hope they get you rated ASAP

Hi all, As some may have read elsewhere I just got a 100% SC for PTSD rating from my 8/16/2018 C&P review. At this minute I am waiting for my Big Brown Envelope and battling Ebenefits web site in hope to see my AB8 letter updated. Its the weekend and their outage calendar says they will be down all the way through Tuesday. On monday I go to the American Legion and hopefully my new AB8 will be visible in the VBMS On to student loans. I have them and so do many veterans who are disabled. There seem to be some oddities and word games in the way Nelnet phrases things and I think vets should be aware of this and we can maybe track outcomes of people on here who do apply. more down below. Until recently getting your student loans discharged was a) a pain in the neck and b) would likely result in an IRS tax hit which considered the forgiven amount to be income. Sucks to discharge 100K and get a 50K tax penalty but that is what the old law laid out B is no longer a problem, veterans who get their student loans discharged will no longer be hit with that penalty. This is effective with the 2018 tax law. A is yet to be seen. The new process, handled by Nelnet for the Dept of Ed, gets to interface with the VA and if a vet is 100% SC or TDIU they can discharge their loans. Under the outlined process on their website https://www.disabilitydischarge.com/ The VA sends Nelnet notification that a vet is TDIU or 100% and they send you a letter and a form saying you are eligible and what you have to do. Vets don't have to supply any more info, according to the site, because the VA has provided it. You can also initiate the process yourself if you did not get a letter or you have just been rated, etc. A blank form is attached here but there is an online form generator on the site that will partially fill in the blanks for you and then you download and sign. You will have to supply your AB8 and possibly other documentation depending on which sections of the form you fill out. . The wording oddities: On the site where they describe who is eligible and in the monitoring section there are oddities. The good news is that they have clarified that if a Veteran is TDIU they are not subject to monitoring the way people apply based on SSI or other programs are. The VA says if you are on TDIU you can only earn poverty level income but there is no clearly designated way they would know if you are working and I am guessing the VA does not have the staff to monitor everyones tax returns. With the Student loan discharge, Nelnet is allowed to monitor you electronically and physically to see if you are working and then find out if you are making more than poverty wages. I will say again according to the site VETS who are TDIU are not subject to monitoring. However it is not clear that if you don't have the specific TDIU designation but are 100% SC that you will not be monitored. More research is needed. This is part of the wording oddities. On the site and in the FAQ they say: " – If you are a veteran and we have received information from the U.S. Department of Veterans Affairs (VA) indicating that you have a service-connected disability (or disabilities) that is 100% disabling or that you are totally disabled based on an individual unemployability rating we will contact you and explain how you may apply for a TPD discharge, but you will not need to provide documentation of your VA determination. " That word, or, indicates that a TDIU designation is not needed. meaning if you are 100% scheduler you should qualify. but in section 5 of the attached blank application it says: 2) you are a veteran who has been determined by the VA to be unemployable due to a service-connected disability. Except for certain individuals who have received SSA notices of award for SSDI or SSI benefits, or for certain veterans, a disability determination by another federal or state agency does not establish your eligibility for a discharge of your loan(s) and/or TEACH Grant service obligation due to a total and permanent disability. That phrasing might be important as it explicitly uses the word unemployable which connotes TDIU. Not all 100% scheduler vets will have any statement in their file that says they are unemployable. and even the FAQ might be read to that both halves of the "or" statement actually mean the same thing. Legalese is somethings that F'd up. If anyone has started the process in 2018 it would be great to hear what your experience is with them and the process. blank student load discharge application based on va.pdf

@Buck52 Based on the little I know about him I am not sure he has any direct medical experience with ED or " Loss of Reproductive ability" as the VES rep on the phone said my C&P was about. The PDF that came with the email from VES says : About your examiner: Name: AJAY MOHABEER; Speciality/Field: GenMed ; M.D.; License Number: 1306038427 /MD60166382 WA ; State: WA; Board Certifications: Occupational Medicine; Education: UNIVERSITY OF MANCHESTER SCHOOL OF MEDICINE; C&P Experience: 10+ Years; Years of Medical Experience: 35. Compensation and pension related training received: Traumatic Brain Injury, MST, Medical Opinion, Musculoskeletal, Aggravated Opinion, Gulf War Examination, General Trained, MST Trained, VES Demo. I don't know what VES DEMO means In the other "Training" he has received I am not sure if what is listed means he is qualified. particularly the General Trained, Aggravated Opinion, and Medical Opinion "training" are way to generic qualifications to be an "expert" or "experienced" MD in urology or PTSD. His Med License specialty is Gen Med, which does not give him any special training in Urology or PTSD. If his opinion is favorable to me I will of course keep my damn mouth shut (I am not a fool) but if not I will definitely dig into this deeper.

@Buck52 Right now i am waiting for my C-File. While I am sure the American Legion rep will be happy to let me use their log in into VMBS for hours at a time (that's snark ) having a copy of the C-file on disk will allow me to assemble all the historical data in my SMR. I am of the opinion, based my experience and what others have written, that relying on the VA to do that properly is not in my best interests.

@Buck52 That is what I surmise from all the other vets I know in RT and the discussions we have had. Like me, and you too apparently, we get fed up with the VA and just finally stop trying. Could be to not rock the boat, could be from exhaustion of dealing with them, could just be resignation that it seems like you are beating your head against the wall. Thank you for sharing your path. It seems that it might deserve to become a sticky as it is definitely a possibility for many vets. Interesting note since you mentioned ED. After the C&P review on 8/16 I found this site and started to research and ask questions. I also found other sites and in relation to ED what I surmised from all the reading is that my 70 % SC rating for PTSD might have a secondary for my ED. It is well documented and even the VA gave me viagra and that does nothing to help. I put in for ED as a secondary on 8/20 on 8/22 it was marked Closed. On 8/23 I got an email and a voice mail from VES saying the VA had scheduled a C&P with them. The doc listed was an MD and had odd sets of training for C&P exams listed, Including GP, Musculoskeltal, MST and few others. The emailed docs did not say what the exam was for specifically and since the ED claim was Closed on ebenefits I was unsure what was up. This morning after I responded to you the first time VES called to verify the appointment and in the conversation he stated it was for "Loss of Reproductive ability", after I snorted I asked if he meant the ED just to be sure. He said it was. So I don't know why Ebenefits says Closed when they have me going for a C&P but oh well. It will be interesting to see what happens. AS I understand things that can rate as high as 40%. With my 100% PTSD P&T, 10% Tinnitus, Bilateral hearing loss claim reopened, and a couple of other things I can document back to boot camp with my ankles, feet and knees, and my documented OSA (I have not yet claimed SC for it) I might actually tip the 160% threshold, which would be something. Frankly at this point I am enervated and motivated to seek out the SC related conditions I deal with. Or at least lay the foundations. I am getting older, more agoraphobic, anxious and angry every day, so I am guessing it won't be many years before I am ready to shoot anyone I consider a trespasser. (NOT LITERALLY but you get what I mean. )

@buck52 I totally agree and understand everything you wrote. It does not change my internal thinking about myself. it applies to no one else. I maybe should have stressed that before, for that I apologize. I believe most people want to work and do honest work that pays them at least a living wage. When it comes to vets I think it is smack up side the head to insult them by limiting income to poverty wages when, possibly in spurts, they might earn more but cannot do it on a regular basis for it to be reasonably considered consistent. I believe there are likely many vets like myself who have cyclical needs and for many of them they end up with bad employment histories because they may not have been as fortunate as I am/was able to control a great deal of my work-time and still make good money. The option of putting them on TDIU might alleviate a chronic and or immediate need, but attaching financial limits and potentially punitive actions if they make more than the poverty level just chaps my hide. I imagine, based on your words, that you would prefer to have had the option to earn more on TDIU and now that you cannot work you would still like to be able to. I respect that and have empathy for those stuck in your situation. Being /Feeling productive is a documented mental health situation. As society we generally believe that work has value and that we are valued by the work we do. Some people just have barriers beyond their control but society has been slow to recognize that and develop ways to not have people self-stigmatize on the issue. This could get into a long conversation. Needless to say I agree with your post and empathize with the situation you have been put in. I just need to work on my internal dialogue about how I value myself and how work relates to that.

@buck52 thank you, I do think of this as a big win for me. In reference to your comment on mooting TDIU for P&T Vets. I did not know the details that you laid out or the possibility of mooting as you lay it out. Just a curiosity question but how many 100% TDIU P&T vets actually fit that potential mooting and more interestingly how many know they might/do fit that potential. As you well know slogging through the VA lingo and myriad of "ifs this then that" scenarios can be mind numbing to say the least so I wonder how many vets, just like I did five years ago when I finally got my70% rating, just stop. I was fed up with the VA and thanks to two decades of denials and lies and horror stories from others I wanted to stay as far from them as possible. . I am glad you got converted to scheduler and I totally understand wanting to work. When I found out the income limitations on TDIU my depression got deeper and my anxiety skyrocketed. I am of the older generation and had it pounded into me that not working made you less than other people. I know how that sounds but it is just part of who I am. In this recent process I also became worried that in trying to figure out how to survive on my own, and having some significant financial success when things were good, that I screwed my self in terms of rating. I make it a life long practice not to lie, even for my own best interests. Not from any moral high ground, it is just too tiring trying to remember what person heard what lie. Just thinking about the lies some people I know have spun for years at a time exhausts me, I cannot live that way. I don't mean this next as being obnoxious or self-aggrandizing it is just a set of facts. I happen to be one of those "smart" people who has a lot of education and I am "smart" in areas that pay well. Digging into my work help me stave off the worst of things for long stretches. Being "good at" things that were in demand allowed me to create set-duration contracts with hard goals and final dates. Doing that let me control when and how I worked. I did not need to be "in the office" to earn an income, which is a great benefit in controlling my situation when things start to spiral. The shear idea that for the rest of my life a TDIU rating would block me from doing what I love and that helped me control my life was a devastating thought and that deepened my depression and anxiety. Anyway, I am now in the "wait by the mailbox" phase. Monday I will go to the American Legion (my reps) and see if the new AB8 letter and C&P is available to print. There are several personal things I need to do and that letter will make a couple of them easier. Of course if they just keep me on this rocket docket and accelerate paying me it would be very cool too. Thanks for you words, suggestions, and support

@vetquest thank you. now the waiting part

@pwrslm Thanks. I was hoping but not expecting if that makes sense. Now it is the wait. As I understand things I likely wont see it on the 9/1 payment but might see it on the 10/1 payment. Effective Date is 8/16 and I doubt I can build a strong enough case to get and EED. anyway thanks to all here.

@broncovet and of course everyone else. The policy is in effect, the changes to the law are enacted. Nelnet is running the process. VA is notifying Nelnet and they are supposed to process a letter to the vet saying the loan can be discharged and they have to sign some stuff. The Veteran can also start the process themselves details here https://www.disabilitydischarge.com/?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term= Take note that any vet who is 100% scheduler or TD/IU can apply. Basically neither group will ever get another Fed STudent Loan. TD/IU vets seem to have an added burden in that they are restricted by law from earning more than the Fed Poverty level or their benefits are messed with. In the case of the loan forgiveness making more than FPL you might have a claw back done against you and the forgiveness rolled back. It is all in the details. I think it is for three years. My point is be very careful to read ALL the details if you actually have a wage based income above FPL.