tdiu Going Back To Work

[dav_marine72]

Hi Everyone,

This question is sort of in line with the salary while TDIU question. I have been TDIU since May of this year. I had surgery in March and had intended to go back to work afterward. The surgery, an L3-S1 fusion, ended up kicking my butt. Everything imaginable was worst after that. I filed for SS and was denied which is now on appeal scheduled to be in front of a judge in September of this year. My marriage has been going downhill for a while based on my disabilities, finances, and other issues. When all said in done with my VA appeals and SS all our debt will be paid off and life from a monetary stance will be okay. The problem is that I can't take staying home and my wife is miserable. I had a good career as an IT security engineer prior to this surgery. I easily made 100k a year plus my 90% VA.

It's now been 10 months since surgery and I feel staying home is causing more issues for my back and mental problems then work actually would. The problem is I don't know if I can handle work. Sitting has always been a huge problem for me. The pain after sitting for 10-15 minutes can be severe. Standing too long can also bring it on too. I'm still on large amounts of opiates including 90 mg of oxycodone and 120 mg of morphine per day. I have been on doses like that since 2006. I don't think at this point I am any worse now than before surgery. Work wasn't always fun and I can suck up a ton of pain but I realize it also made me happy. I would just deal with the pain and then usually lay down as soon as I got home. I'm pretty sure based on the fact I really don't need to lift anything and really just work on my laptop that I could go back to work and make it. Yes I would still need the opiates but at least I'd be out of the house and be making much more money than I am now.

One of my wife's major complaints is that we don't go out enough and have fun. My wife constantly says she wants a divorce and to part ways. We have 2 children together and she has one from a previous marriage. Honestly my back got worse and worse since we bought a house and moved in together. The stress of trying to maintain a house and then having small children really did a number on me. Prior to moving in with her I had an apartment that had no upkeep and if I wasn't working or out with friends I was home in a stress free environment. My kids are the most important thing to me. I am starting to think divorce is the way to go. I don't want any of this affecting them (although it probably already has). So even though it kills me I'm thinking going back to work, getting divorced, and seeing my kids as much as I can is the route to go. I think my stress level will go down so much that my back probably will get better.

Sorry for turning this into a counseling session but I felt I needed to let it out. My real question is if I go back to work do you think I can try it out for a few months and if I feel I can handle it then let the VA know? I will go from 100% to 90%. I just don't want to tell them and then not be able to handle work. I don't care if I need to pay them back a few months. I just kind of want some security. Has anyone ever heard of someone doing this? I didn't know if the VA had any type of program for this. I know that SS has a return to work program where you can try to go back and if it doesn't work out you don't have to re-apply again you just keep your benefits.

Thanks for reading.

[LarryJ]

All that you said makes sense, sort of.

BUT!

Let me attempt to point out one thing, okay?

Was it hard to get TDIU the FIRST time?

Think about what it is going to be like to ATTEMPT to get it AGAIN, after your back comes back to bite you in the butt, say, in three years time.

You won't EVEN be able to afford the rent in that apartment of your dreams.

just sayin'

But, if you do not NEED the extra money that TDIU gave you (approx $1,200 a month, more than the 90%) then let me PM you with my mailing address.

I'll "deposit" it for you, until you need it.

Question:

What about doing "consulting" work, IT consulting work? You can work anywhere there is a high-speed connection, I would think. The reason I say this is

that my wife's little sister knocks down around $15K a month, doing IT security for a company here in Dallas. She goes in to the office whenever she needs to

carry off some office supplies, etc. (you know, like coffee and creamer )

[carlie]

I will go from 100% to 90%.

Thanks for reading.

dav_,

I don't know that I would count for sure on the 90%,

unless the 90% is a protected rating due to having it

for twenty years.

I feel when you return to work VA will also do a new C&P

to decide on your current level of disability and if your

90 percent doesn't fall under the protected ratings you

could wind up with a lower amount.

I don't post this in an attempt to scream fire, but just

to be sure your aware this is possible.

Others may certainly hold different opinions.

jmho,

carlie

10/20 Year Service Connection/Ratings Protection

The 10 year mark for is for service connection. A condition that has been service connected for 10 years can not be severed unless fraud is involved. The clock starts ticking for conditions based on the effective date(s). This does not mean compensation can't be reduced.

The 20 year mark protects ratings.

Absent fraud, disability ratings can not be reduced after they have been going 20 years. See your award letter for effective dates on each disability. Combined ratings are also protected after a 20 year period.

Example: You have been rated 50% for Condition A since 1990. You apply for SC for 4 more conditions and VA grants them in 2007. Because of VA granting them your new combined rating is 100% as of 2007. Condition A is protected from severance in the year 2000 and protected from reduction in the year 2010. The new service connected conditions would be protected from severance in 2017 and reduction in 2027. The clock started ticking on your combined 100% in the year 2007 so it would be protected from reduction in the year 2027.

If you apply for an increase for Condition A and are bumped from 50% to 70%, the 50% number is still protected from 1990 but the new 70% would start a new clock ticking (using the dates above). Meaning until you have held that 70% rating for 20 years, the lowest they can reduce you is back to 50% based on the fact that it was in effect for 20 years.

Even if a rater plugged the wrong numbers and wrongly awarded a combined 100%, they still can't reduce. Again, this is all assuming no fraud is involved. You can do the math by using the effective dates on your award letters.

"P&T" can be established at any time regardless of how long ratings have been held (via 100% scheduler or TDIU). If VA plugs all of your conditions and there are no future exams scheduled, then entitlement to Ch. 35 and ChampVA will be granted. If VA determines that there is a chance of improvement, there will be a future exam scheduled and "P&T" will not be established

[*Bergie*]

Hi Everyone,

This question is sort of in line with the salary while TDIU question. I have been TDIU since May of this year. I had surgery in March and had intended to go back to work afterward. The surgery, an L3-S1 fusion, ended up kicking my butt. Everything imaginable was worst after that. I filed for SS and was denied which is now on appeal scheduled to be in front of a judge in September of this year. My marriage has been going downhill for a while based on my disabilities, finances, and other issues. When all said in done with my VA appeals and SS all our debt will be paid off and life from a monetary stance will be okay. The problem is that I can't take staying home and my wife is miserable. I had a good career as an IT security engineer prior to this surgery. I easily made 100k a year plus my 90% VA.

It's now been 10 months since surgery and I feel staying home is causing more issues for my back and mental problems then work actually would. The problem is I don't know if I can handle work. Sitting has always been a huge problem for me. The pain after sitting for 10-15 minutes can be severe. Standing too long can also bring it on too. I'm still on large amounts of opiates including 90 mg of oxycodone and 120 mg of morphine per day. I have been on doses like that since 2006. I don't think at this point I am any worse now than before surgery. Work wasn't always fun and I can suck up a ton of pain but I realize it also made me happy. I would just deal with the pain and then usually lay down as soon as I got home. I'm pretty sure based on the fact I really don't need to lift anything and really just work on my laptop that I could go back to work and make it. Yes I would still need the opiates but at least I'd be out of the house and be making much more money than I am now.

One of my wife's major complaints is that we don't go out enough and have fun. My wife constantly says she wants a divorce and to part ways. We have 2 children together and she has one from a previous marriage. Honestly my back got worse and worse since we bought a house and moved in together. The stress of trying to maintain a house and then having small children really did a number on me. Prior to moving in with her I had an apartment that had no upkeep and if I wasn't working or out with friends I was home in a stress free environment. My kids are the most important thing to me. I am starting to think divorce is the way to go. I don't want any of this affecting them (although it probably already has). So even though it kills me I'm thinking going back to work, getting divorced, and seeing my kids as much as I can is the route to go. I think my stress level will go down so much that my back probably will get better.

Sorry for turning this into a counseling session but I felt I needed to let it out. My real question is if I go back to work do you think I can try it out for a few months and if I feel I can handle it then let the VA know? I will go from 100% to 90%. I just don't want to tell them and then not be able to handle work. I don't care if I need to pay them back a few months. I just kind of want some security. Has anyone ever heard of someone doing this? I didn't know if the VA had any type of program for this. I know that SS has a return to work program where you can try to go back and if it doesn't work out you don't have to re-apply again you just keep your benefits.

Thanks for reading.

I have to agree with Larry. It is highly likely that your back will give you trouble at some point, be it 1, 2, or 3 years. You could do consulting work out of your home or you might try finding a hobby to get you out of the house. As for the marriage, well you gotta do what you gotta do. I think you being home is good for your relationship with your kids.

JMHO,

Bergie

[john999]

DAV-Marine

How would you get to work every day? If you drive you are taking a hell of a chance. Your wife seems unable to understand your situation. She seems to be using emotional blackmail on you. 100% disabled people don't go out and party like it is 1999. Stress may be causing you problems and aggravating your pain. Have you seen a shrink? If my wife started complaining about my situation of being disabled and on IU I would bid her farewell. I mean that. If she seriously brought up the topic of divorce I would consult my lawyer.

My wife knows I suffer and she trys to help. If I could do the things I did before IU I would not be on IU. Neither of us asked for our disabilites. If your mate can't understand that then she must have forgot her vows...."In sickness and in health til death do us part".

[stillhere]

Since you are an IT person you can always do contract work for the government and work on your own scehdule and starting your own business would put you in line as Disabled Veteran owned small business. This is a good thing and it makes you eligible for many benefits.

Check it out with a rehab counselor and see if this is something you might want to try.

Good look with your lady friend.

I also think that I have read where the VA encurages IU vets to try and work with out any problems and if you can't at least you tried.

good luck to you!

[sharon]

You guys may consider getting some marriage counseling. I would think that the problems you have go far beyond the fact that you have not been able to work. Money can't buy you love, and if it gone, its gone.