out_here04 Posted December 18, 2008 Share Posted December 18, 2008 A few of you responded to my questions over the past year when I was pursuing TDIU (total disability individual unemployability). As it turned out, back in late October, after my TDIU claim was judged, I was upped to 100 percent for anxiety, with more (non-payable...maybe one day...) percentage points acknowledged beyond that. The letter also said TDIU was "moot" because of the award (more on that later). Anyway, I got a little over $13,000 in backpay dated to when I submitted my claim to VA in Dec 07 and about $2,800 from DoD after taxes for CRSD (concurrant receipt service disabled). I just told my wife I was messaging a guy who helped me (pete53) and she said "tell him I said 'thank you'''. So.. from both of us, thank you, Pete, and all the hadit.com vets who care enough to help others. I didn't get permanent and total, the letter said, because I may improve. I do want to go back to college under the new 9/11 GI Bill. From watching the forum commentors, looks like TDIU or even PTSD were not the awards I was looking for after all, especially considering I want to eventually try to work from home or in my community (not having done anything since Feb 05) or go to school, or both. I think the letter from VA said since I was awarded 100 percent for one SC, TDIU was "moot." I guess I could argue with them if I felt strongly about it, but I read on hadit once that "if you can work, then work," so I'm going with that advice for now. The only question I had for Pete (who usually responds immediately, but must be busy holiday shopping today :P or any of you other hadit.com gurus is this: Q) Is my 100 percent award for anxiety alone considered schedular, or is that for "permanent and total" DV's? Q) The award letter said I was not permanent, but that since I was awarded 100 percent, the issue of TDIU was "moot." In the VA gobbledy-goop in this policy link it mentions the word "moot" but I'm not sure if that is what they were referring to. http://www.va.gov/ogc/docs/1999/prc6-99.doc 7. This regulatory scheme is reflected in Veterans Benefits Administration Adjudication Procedure Manual M21-1 (M21-1), which directs adjudicators to make a decision as to whether the veteran meets the requirements for a schedular 100-percent evaluation before considering the issue of individual unemployability. M21-1, Part VI, para. 7.09a.(1) (Change 58, Jan. 31, 1997). There is no further directive to consider the issue of individual unemployability if the adjudicator finds that the veteran has met the requirements for a schedular 100-percent evaluation. The clear implication of this provision is that the adjudicator is to consider the issue of a schedular 100-percent evaluation first because, if he or she awards a schedular 100-percent evaluation based on service-connected disability, the issue of individual unemployability is moot. In other words, if the adjudicator finds the veteran to be totally disabled under the rating schedule, section 4.16(a) is not for application. I'm still confused about whether or not that previous statement should lead me to believe I'm schedular. Now I'm wondering if I should not work after all, or face losing the 100 percent or having it decreased. This splitting of a hair is confusing as hell on a good day!! I'm still going to use the GI Bill since veterans, unless 100 percent totally and permanently service-connected disabled, can't transfer it to dependents. I would love to pass it on to my daughter, but only those on active-duty on Aug, 9,'09 can do so, at this time. So, at age 47, off to school I go, I guess. I do intend to pass that oddity along to my Congressman who supported the New 9/11 GI Bill, despite others, even in DoD, arguing against the benefit. Maybe, eventually, they'll allow all or at least some disabled veterans to transfer this deserved benefit --that they may not be mentally capable of, or best suited for-- to their dependents, once a little more common sense sinks into the plan. I look forward to any insight and advice. Happy Holidays! out_here04 Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted December 18, 2008 HadIt.com Elder Share Posted December 18, 2008 Congrats!!!! Glad that you won your claim and hope that Hadit made it easier for you. Pete Link to comment Share on other sites More sharing options...
HadIt.com Elder cowgirl Posted December 18, 2008 HadIt.com Elder Share Posted December 18, 2008 Congratulations. I am not sure of the answers. I admire you for going back to school as an full fledged adult! Consider ADA - Americans with Disabilities when it comes to the classroom if you need support, do ask. I too want to know the answer to your question. Schedular needs re-explained to me often, I dont always get things first, second or third time. Yes, Mr. Pete is an awesome Hadit member! Cg A few of you responded to my questions over the past year when I was pursuing TDIU (total disability individual unemployability). As it turned out, back in late October, after my TDIU claim was judged, I was upped to 100 percent for anxiety, with more (non-payable...maybe one day...) percentage points acknowledged beyond that. The letter also said TDIU was "moot" because of the award (more on that later). Anyway, I got a little over $13,000 in backpay dated to when I submitted my claim to VA in Dec 07 and about $2,800 from DoD after taxes for CRSD (concurrant receipt service disabled). I just told my wife I was messaging a guy who helped me (pete53) and she said "tell him I said 'thank you'''. So.. from both of us, thank you, Pete, and all the hadit.com vets who care enough to help others. I didn't get permanent and total, the letter said, because I may improve. I do want to go back to college under the new 9/11 GI Bill. From watching the forum commentors, looks like TDIU or even PTSD were not the awards I was looking for after all, especially considering I want to eventually try to work from home or in my community (not having done anything since Feb 05) or go to school, or both. I think the letter from VA said since I was awarded 100 percent for one SC, TDIU was "moot." I guess I could argue with them if I felt strongly about it, but I read on hadit once that "if you can work, then work," so I'm going with that advice for now. The only question I had for Pete (who usually responds immediately, but must be busy holiday shopping today :P or any of you other hadit.com gurus is this: Q) Is my 100 percent award for anxiety alone considered schedular, or is that for "permanent and total" DV's? Q) The award letter said I was not permanent, but that since I was awarded 100 percent, the issue of TDIU was "moot." In the VA gobbledy-goop in this policy link it mentions the word "moot" but I'm not sure if that is what they were referring to. http://www.va.gov/ogc/docs/1999/prc6-99.doc 7. This regulatory scheme is reflected in Veterans Benefits Administration Adjudication Procedure Manual M21-1 (M21-1), which directs adjudicators to make a decision as to whether the veteran meets the requirements for a schedular 100-percent evaluation before considering the issue of individual unemployability. M21-1, Part VI, para. 7.09a.(1) (Change 58, Jan. 31, 1997). There is no further directive to consider the issue of individual unemployability if the adjudicator finds that the veteran has met the requirements for a schedular 100-percent evaluation. The clear implication of this provision is that the adjudicator is to consider the issue of a schedular 100-percent evaluation first because, if he or she awards a schedular 100-percent evaluation based on service-connected disability, the issue of individual unemployability is moot. In other words, if the adjudicator finds the veteran to be totally disabled under the rating schedule, section 4.16(a) is not for application. I'm still confused about whether or not that previous statement should lead me to believe I'm schedular. Now I'm wondering if I should not work after all, or face losing the 100 percent or having it decreased. This splitting of a hair is confusing as hell on a good day!! I'm still going to use the GI Bill since veterans, unless 100 percent totally and permanently service-connected disabled, can't transfer it to dependents. I would love to pass it on to my daughter, but only those on active-duty on Aug, 9,'09 can do so, at this time. So, at age 47, off to school I go, I guess. I do intend to pass that oddity along to my Congressman who supported the New 9/11 GI Bill, despite others, even in DoD, arguing against the benefit. Maybe, eventually, they'll allow all or at least some disabled veterans to transfer this deserved benefit --that they may not be mentally capable of, or best suited for-- to their dependents, once a little more common sense sinks into the plan. I look forward to any insight and advice. Happy Holidays! out_here04 Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted December 18, 2008 HadIt.com Elder Share Posted December 18, 2008 Why not go to school under Vocational Rehabilitation? I think it pays more. My only concern is since you are 100% the VA may see this as an improvement, and call you in for an exam. If you use the VA to put you through school they will have access to success as a student, and this may call into question any notion of P&T. I believe that as long as you are not working then your 100% is pretty safe, but you might want to check it out with others before you let the VA know you are using their dollars to get education that will make you employable. It seems like a great idea to me and makes sense from an economic point of view, but the VA has weird ideas. They like their 100% people to be basket cases if they have a mental problem. Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted December 19, 2008 HadIt.com Elder Share Posted December 19, 2008 Even the VA has to accept the idea of rehab. Link to comment Share on other sites More sharing options...
danang_1969 Posted December 19, 2008 Share Posted December 19, 2008 Congrats. Sounds great and I know you are ready to rest awhile. danang_1969 Link to comment Share on other sites More sharing options...
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