hypertension Can The Va Take P&t Away?

[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.

[carlie]

The only thing I have to post is:

This reads to me that you are holding substantial gainful employment.

This is not allowed when you have TDIU and/or SSDI.

[Philip Rogers]

If I read this correctly, you were receiving TDIU, from 2009, and went back to work in 2011 (while still collecting TDIU?), I'd be worried about working and collecting TDIU. If that's what happened, I'd be concerned the VA would find out and declare a fraud, take away all your bennies, put you in jail and have you pay them back. If that's the case, "I'd" contact the VA and voluntarily get it corrected, NOW, before something happens. I hope for your sake I misread this post. Please correct or ignore me if that's the case.

P&T can be taken away at anytime. I doubt they'll reduce the 100% or the P&T but I'd worry about the "fraud" of collecting TDIU and working. They love to prosecute and make examples of vets who they consider abuse the system. If they do that they could stop all benefits, due to the fraud. Sorry I cant offer anything more positive. jmo

I'd contact a criminal defense attorney ASAP.

pr

Edited August 4, 2013 by Philip Rogers

[dav_marine72]

Thanks for the responses. Sorry didn't mean to run the BS flag up the pole. I do not collect SSDI anymore. I did the one year back to work program with them. Second I did notify the VA about going back to work and never heard a word from them. I just finally got my first TDIU form about working, etc. So I did not lie, and I followed their rules. My RO has lost evidence, let my remand sit for 2 years, didn't process an award from the BVA before I came in a year later and asked about it, etc. So it doesn't surprise me that they never reduced my rate. Since I did get the form this year I figured they would reduce my rate after that. Again I was hoping they would rate me properly and I would be at 100% schedular but silly me I thought I was in fairly tale land for a minute.

Hope this clears that piece up.

On to the question at hand. Since I believe they know I am working I was surprised at the 100% permanent rating as of my last exam a month ago. Hence why I wondered what would happen to the P&T if I was reduced to 90% until my appeals get finished in 20 years :) Thanks.

[Philip Rogers]

Okay, sounds like you're safe. As long as you did the right thing you should be okay. If they come asking for the money back, you should request a waiver. They may still leave you at 100% & P&T, ya never know w/them. jmo

pr

[broncovet]

For the VA to reduce your rating, they have to do a reduction proposal. You have an opportunity for a hearing if, they indeed, do a proposed reduction. As already stated, TDIU is not compatable with substantial gainful employment.

For your "job" to disqualify you from TDIU, you have to had worked there at least 12 consecutive months, and, earn more than the poverty level, which is about 12,000 or so per year, depending on your number of dependents. "Marginal" employment, which is less than 12 months in duration or less than the poverty level does not disqualify you from IU.

It sounds like you did the right thing..you notified VA that you are working. I would make sure they knew, and send it certified mail, return receipt requested. On an annual basis, to continue IU, you have to return and sign a form that indicates you are not working. If you signed that, then there might be a problem if your employment was at least 12 months and you earned more than the poverty level.

Since you apparently notified VA you are working (and have documentation of the same), then you dont have that much to worry about, with a possible exception, in the future, that the VA reduces your rating.

Several years ago, I notified the VA that I had gotten married, and that my new wife earned well over the poverty level, so I was no longer eligible for pension. What does the VA do??? Nothing. They keep sending my pension for almost 2 years, so I spend the money. Then, finally they say, gee, you are not eligible for pension and owe us $6000.

I appealed to the debt management center. I explained that it is not my fault, I promptly notified VA of changes as required, and I am not responsible for the backlog and it taking two years. I also explained how paying back the $6000 would be a extreme financial burden.

Debt management agreed with me, and approved the waiver, so I did not have to pay the money back.

In short, tell the VA the truth, and you should be ok.

[dav_marine72]

Thanks Everyone,

The VA just sent me the form about working this year. No form any previous years. I am going to ask for the wavier if they try and take the money back. The funny thing is even according to them I've gotten worse since they gave me TDIU. So it will be interesting to see what their next move is. They may not do anything at the RO level because my remand now has to go back to the BVA. Every time I bounce between these guys each side ends up giving me a little more. So who knows maybe the BVA will bump me up on the 7 appeals I have and I'll get 100% on the schedule and then it will be a moot point. Like you say you never know what they will do. Thanks again.

Mike