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hypertension Can The Va Take P&t Away?
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dav_marine72
Hi Everyone,
Hope everyone is well. I have a complex issue here and I'm hoping someone might have an idea as to what the VA can do after awarding P&T. To fully understand the situation I am in I need to provide some background. The following are my current service connections:
70% - Back Condition (L3-S1) post failed 2000 L3-4, L4-5 discectomy, post failed 2009 L3-S1 fusion, post spinal stimulator implant - 40% Ortho, 40% Left leg radiculopathy, 20% Right leg radiculopathy, 50% - Adjustment Disorder - Major depression, Anxiety, Panic Attacks - Secondary to severe back & leg pain, 30% - Asthma, 10% - GERD, 10% - Hypertension - Secondary to severe pain from back & legs, 10% - Right Foot - Post fracture, Pes Cavus, Severe Ankle Equinus, Arthritis, 0% - Chronic Right Testicle Pain
0% - Left Foot - Post fracture, Pes Cavus, Severe Ankle Equinus, Arthritis, 0% - Eczema, 0% - Erectile Dysfunction - SMC K - Secondary to SSRIs and large daily dose of opiates
Service connection timeline - 1995 - 2009 0% - 80%
2009 - Awarded TDIU & SSDI, 90% schedular
2011 - I return to work based on many factors. My wife gave up her career to stay home with kids once our last child was born, unable to get decent health insurance for my family, unable to get life insurance on myself for my family based on Mental Health & Back Condition SC & medications prescribed for both, went into severe depression because of losing career and started drinking alcohol heavily and abusing the opiates, mentally I could not take staying home & at the time I wasn't interested in getting help. Needless to say I return to work in severe pain. I'm able to do bare minimums and luckily the company was affording me leeway including days off, working from home, etc. However, recently the company has taken a new direction and now has issues with leeway. I'm working with HR but I honestly don't know how much longer I'm going to be able to work there. There is no way I would be able to go to work where being there physically 40 hours a week or more was required. This is based on my limitations with sitting and standing. The plan was to wait until my wife graduated from college before I stopped working but that is up in the air.
So 4 of my service connections make their way back to the RO via a joint remand from the U.S. Court and 3 others come back via BVA remands. The 4 from the Court go back to ratings from 2000. I have to go through exams for all 7 service connections for the millionth time. I told the examiner that I was working. They pulled in my SS records which would show I was working. So of course the RO finds no increases or changes in my ratings from before 2009. Which means no back pay and probably years more of appealing. However, prior to the remands I was 10% for lower extremity weakness instead of being rated for each leg after the 2002 VA law change that allows ortho and neuro ratings to be separate if they are more advantageous to the Vet. This was one of the bigger appeals based on the severity of my leg pain and weakness. So they deny the 7 increases or initial ratings prior to 2009 but they award me 40% for my left leg (Neurological) and 20% for my right leg (Neurological) from 07/2013. Even with these new ratings I still combine to 90% (92).
However, they award me what they are calling a permanent 100% disability evaluation for my service connected disabilities effective 07/2013. They also stated no exams will be scheduled in the future for your permanent and total disabilities. Then they included the elusive Basic eligibility to Dependents Education Assistance is established from 07/2013. They stated the permanent & total award was based on the new awards for my legs. Now here comes the million dollar question. If they decide to take TDIU away prior to me getting these other appeals panned out which will hopefully knock me up to 100% schedular what about P&T? I know they could take the money back for 100% - 90% but what happens with P&T?
I know someone will probably say you should have never gone back to work and I've heard it 100 times. I did what I needed to do and it's done. So only helpful replies please. I can't go back in time. Thanks in advance if anyone can shed any light on this possible situation I may face.
USMC 1st Battalion 1st Marines 1st Marine Division 91-95
100% P&T
"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were treated and appreciated by their nation."
George Washington
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