tdiu 100 Percent Mental Vs Gi Bill

[out_here04]

I was rated 100 percent schedular (non-permanent, non-total)service-connected for anxiety/depression last year. I don't work. Don't really want to. VA turned down my TDIU claim but awarded the 100 under the category that I "may improve". I still have all of the Montgomery GI Bill and qualify for 90 percent of the new in-residence post-9/11 GI Bill. I have been military retired for five years, so I have about five years left on the MGIB clock, ten on the post-9/11 GI Bill.

In the past, some on hadit have said if you are 100 percent for mental don't even think about work or school as VA will hold it against you and lower your rating. 100 percent physical and you can toil all you can muster. (hypocritical, seems to me)

Although it would be much less difficult for someone without my diagnosis to successfully complete a full-time college course-load per semester, I feel that I want to give it a try (at least a partial)and who knows? maybe improve.

Another part of this question is that even though the new GI Bill is supposed to be super-dooper and comparable to the one given to WWII-era vets the classroom may not be for me. The Montgomery GI Bill seems to be more flexible to online work. (why the new one did not embrace the technology age is beyond my understanding). I am thinking of taking online college through the MGIB for therapy, a hobby, regain some sense of sanity. I was disqualified for voc rehab which does not allow for such trivial use anyway (have to be pursuing another career)Thoughts on this?

My VSO actually advised that I can go to school no problem as long as I never, myself, ask for a reevaluation of my sc. Maybe I'm confused about what that means. Seems to me VA would know what the other hand is doing (hold your laughter, okay don't) I think it sucks if VA holds self-improvement through its own programs against you for compensation purposes.

Anyway, thanks for listening.

[tssnave]

John,

What would prevent the vet from requesting evaluation for IU Permanent and Total when he is currently only holding a temporary 100% rating?

P&T is an independent request of the rating and since they would be reviewing the file for P&T what would preclude him from asking for IU as well as P&T?

Of course, even though he's been out of work for 5 years, since he retired from the military, I don't know if they would consider his retirement and subsuquent unemployment as being IU or voluntarily unemployed, even if he is unable to work due solely to his sc disability. Now, if he was medically retired due to his sc mental disability that would be a different set of evidence.

Thanks,

TS

[broncovet]

Im in the "Dont rock the boat" group. 100% is the big apple, and you dont want to do anything to jeopardize it. In my state, you can take classes for free if you are 100% P and T, (at least through at least one local college, that does not necessarily apply to them all), so I would recommend taking this "conservative" approach rather than risking your benefits. Most of us remember what it took to GET our benefits, and we darned sure aint willing to give them up without a fight. JMHO

[sharon]

§ 3.340 Total and permanent total ratings and unemployability.

(a) Total disability ratings—(1) General. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. Total disability may or may not be permanent. Total ratings will not be assigned, generally, for temporary exacerbations or acute infectious diseases except where specifically prescribed by the schedule.

(2) Schedule for rating disabilities. Total ratings are authorized for any disability or combination of disabilities for which the Schedule for Rating Disabilities prescribes a 100 percent evaluation or, with less disability, where the requirements of paragraph 16, page 5 of the rating schedule are present or where, in pension cases, the requirements of paragraph 17, page 5 of the schedule are met.

(3) Ratings of total disability on history. In the case of disabilities which have undergone some recent improvement, a rating of total disability may be made, provided:

(i) That the disability must in the past have been of sufficient severity to warrant a total disability rating;

(ii) That it must have required extended, continuous, or intermittent hospitalization, or have produced total industrial incapacity for at least 1 year, or be subject to recurring, severe, frequent, or prolonged exacerbations; and

(iii) That it must be the opinion of the rating agency that despite the recent improvement of the physical condition, the veteran will be unable to effect an adjustment into a substantially gainful occupation. Due consideration will be given to the frequency and duration of totally incapacitating exacerbations since incurrence of the original disease or injury, and to periods of hospitalization for treatment in determining whether the average person could have reestablished himself or herself in a substantially gainful occupation.

(<_< Permanent total disability. Permanence of total disability will be taken to exist when such impairment is reasonably certain to continue throughout the life of the disabled person. The permanent loss or loss of use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or bedridden constitutes permanent total disability. Diseases and injuries of long standing which are actually totally incapacitating will be regarded as permanently and totally disabling when the probability of permanent improvement under treatment is remote. Permanent total disability ratings may not be granted as a result of any incapacity from acute infectious disease, accident, or injury, unless there is present one of the recognized combinations or permanent loss of use of extremities or sight, or the person is in the strict sense permanently helpless or bedridden, or when it is reasonably certain that a subsidence of the acute or temporary symptoms will be followed by irreducible totality of disability by way of residuals. The age of the disabled person may be considered in determining permanence.

[john999]

TS

There is a regulation that someone with 100% schedular can't be IU. He could ask for 100% P&T. 100% is a higher rating than IU. I don't think you can ask for a lower rating. I can't quote the reg, but I have heard the same issue discussed here before because some think IU is a more secure rating than 100% schedular. That is probably true since the only way to prove someone is no longer IU is for that person to have gotten a job. 100% schedular unless P&T can be reduced based on symptoms. IU being a separate rating from 100% is a recent invention. In past years anyone with a mental disorder who could not work was 100%. They changed that some years back. My thinking is that if the VA were to know that a person who is 100% for a mental disorder is going to school on the G.I. Bill he might get called in for a C&P exam. IU means you can't work, but 100% means you can't do much of anything if I understand the way the VA thinks. There are vets here who are 100% who we know are capable of plenty, but there is a prejudice against vets who have emtional problems. A vet with a 100% physical disorder can go to shcool and even work no problem. Look at Max Cleland.

[jmack]

Going to school should not trigger the VA to change your service connected disability Neither VA or Social Security will do anything. The key is if you get a job and earn a paycheck and that will do it.

Good Luck I think that school will benefit you.

Pete,

If you are confident about this, I think I may give it a shot. I have always wanted this opinion. Thanks.

Jmack

[out_here04]

Thanks for all of your thoughtful responses. I appreciate it. I'll try to clarify a few questions raised by my post:

I got my 100 percent schedular rating for anxiety/depression really unexpectedly when I filed a claim for TDIU. I went to c&p exams for sc mental and physical ailments. I had a "buddy"(commander) statement supporting a PTSD event (even though I didn't pursue PTSD alone as a claim)that I considered the major stressor for my anxiety/depression. At the time, I thought this may have been the best rating to have because I thought I COULD go to work and school if I could just overcome my symptoms long enough to not waste both VA and my time. Then I began to hear differing opinions, much like those from this very post.

I see merit in each line of advice: "don't rock the boat, play it safe" vs. "go ahead either with VA's blessings or in secrecy."

Also, per TSSnave's questions:

First, about your rating regardless of what you do about college:

Prior to your 100% schedular rating, what was your rating for anxiety?

I was previously rated 50% for anxiety/depression, 50% sleep apnea,10% tinnitus, knee10%, shoulders, sinusitus 10%combined to 80% combined rating. With the 100% rating and c&p exams from that process I believe some of those were increased as well. So, in the future (sooner or later) I probably would have the required 70 percent at least to be able to put in a new claim for TDIU, if necessary.

Have you ever requested consideration for IU?

see above

What did they cite as the reasons to award 100% non-permanent?

from rating decision:

"Mentally, you are intermittently unable to perform activities of daily living, but, can provide self-care. Because of your panic symptoms you are almost unable to leave the house. The VA examiner states you are unable to establish and maintain effective work/school and social relationships, because of your severe anxiety and feeling inadequate. Your self-esteem, feeling of totally unworthiness, and helplessness incapacitates you to the point of you not being able to perform on a job or interact with others. The best description of your current psychiatric impairment is your symptoms cause occupational and social impairment with deficiencies in most areas of work, school, family relations, judgement, thinking and mood. The above statement is supported by the following symptoms: obsessional rituals, near continuous panic and depression"

"Since there is a likelihood of improvement, the assigned evaluation is not considered permanent and is subject to a future review examination. Because of your total evaluation for service connected anxiety disorder with depression, the issue to individual unemployability is moot at this point."

Have you been hospitalized multiple times or had multiple suicide attempts or psychotic episodes?

never hospitalized, self-referred and sent to mental health on active duty once due to suicidal plan; patched up and sent back out, somehow made it to retirement, although that was a bear.

I haven't thought much about nor looked back at the rating decision package since I got it until tonight. Maybe I am getting better, maybe not. School is certainly addressed in the decision so VA would likely hold it against me if I go on their radar as physically going, which I don't think I would pursue even though the new GI Bill requires this in its more lucrative program. Not rocking the boat is looking more and more attractive, even though that would mean cashing entirely out of the GI Bill for the mere $2,700 I have invested and losing tens of thousands in educational benefits and any earning potential (if I COULD go back to work in the future).