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Two Questions About P&t

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Snake Eyes

Question

1. How do they evaluate a 100% schedular person for P&T -- do all of the vet's service connected issues have to be permanent?

2. In my case, I have a 70% mental health rating -- Does the VA ever regard a mental health rating at less than 100% as "permanent"?

As I've posted elsewhere, I'm working on an FDC that if successful would take me from 90% to 100% schedular.

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Are you or will you be working a reduced schedule solely due to your disabilities? Have you also considered applying for Social Security disability?

From my perspective, yes, I am reducing schedule because I can't get through a day without frequent breaks due to pain and fatigue. This has not been blessed by a doctor as of yet. My civilian doc does not want to enter the fray because he can't "prove" anything from medical history Essentially, I have to ask him question by question whether a given problem is likely to improve, and then ask him to document the conversation in my treatment record. Not the same as a IME, but at least he will be able to state his medical opinion with a clear conscience :-)

As for the SSDI, my VSO said, "go for it" but then gave me some paperwork that implied I should go for TDIU or 100% schedular. And that's when he said, even earning $7K or $8K a year would get a denial for the TDIU.

I've not heard anyone on here say they won a TDIU case while working, but I've heard many say it's not possible. The problem is I'm obligated to finish the summer session (which ends next week) and I'm committed to the reduced schedule next year (only 3 hours a week with specific time slots). I can manage that since I can manage my own schedule, take breaks when needed, etc. If it gets too hard after that, I may withdraw in 2015.

Better news is that my VA doc is setting me up with "Physical Rehab" for the back issue. That could result in fixing the pain or at least getting a determination that it cannot be fixed. One makes TDIU unnecessary and the other makes it possible.

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You can get DIC if you are TDIU for ten years or if you die from SC condition. When you are TDIU you are considered to be totally disabled just like 100% scheduler except you cannot work above poverty line. I get TDIU for the last 12 years. I don't work at all since I also get SSDI. If you continue to work and get TDIU you give the VA a string to pull on. If you don't need the money do volunteer work. Learn about investing. That kind of income does not count against TDIU.

John

Thanks for the tip, John. I like the idea of doing investing, and I'm in the process of educating myself as this is productive work you can do regardless of frequent breaks, etc.

I explained uptopic why I can't just quit work (committment to the school I do classes for). However, if it comes to the place where I can't work at all, or that I need to for rehab purposes in order to get healthy, I think they would be very understanding.

I've heard volunteer work gives the VA a string to pull on -- if you can work at a homeless shelter, you can work..... That's probably a good thing in the long run since TDIU (and SSDI) is intended for people who cannot work at gainful employment -- whatever that is :-)

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