ptsd Iu Filing Help

[wnappster]

Can someone help me understand am I eligible to apply for IU or should I file for secondary to existing condition.

The situation is I am currently 90% combined. 70% PTSD, 50% sleep disorder, 10% herniated disk, 10% Wrist pain, 10% HBP.

I had an auto accident that was caused by PTSD flashback and I suffered a concussion and have made 2 attempts to return to work both failed the 2nd required a trip to the ER after loosing my sight briefly, I have not been able to work for more than 14 days in 6 months and am currently out on employer short term disability, I am a gov. contractor an most likely will be terminated shortly. I have been seeing a neurologist ever since the accident and been to vascular rehab but the post concussive symptoms dizziness, lack of concentration, photophobic, nausea, lack of balance, memory problems prevent me from driving and returning to work. I am hoping to a second opinion from a TBI clinic to assist in recovery and more rehab.

[Gastone]

Schedular 100% SC, you can earn whatever, GAINFUL Employment is not relevant. With IU, if you exceed the Current 2014 $12,???.00 for year45ly income, you could loose your IU rating. With IU, there is schedular and exra-schedular, both require less than "Gainful Employment Income." With the extra-schedular you can be rated at say 60% SC but your condition so affects your ability to work that you don't surpass that majic "Gainful Employment" threshold. This type of IU claim is not determined by a regular IU rater, thy head guy in the rating dept makes the decision.

As for P & T, I think the rater determins if your current SC conditions are of the nature where future improvement is posssible. My recenbt DRO Award stipulated T & P, with no future exams schedualed. They may take age into consideration but it wasn't referenced.

Semper Fi

Gastone

[Buck52]

I had always thought when they say ''this veteran disability is of nature &no future exams schedule!''...that they don't expect the veteran to get better?

Anyone know what the VA means by that?

But I understand how they rate (some of it) ..I was just wondering which one is better safer? sounds like to me maybe TDIU P/T is? if you never go back to work.... which when you get that award your not suppose to be able to work.

Thanks Gastone!!!

Edited November 7, 2014 by britton

[Gastone]

Britton: You just can't have "Gainful Employment Income" with IU weather TDIU or just old IU. Net income after deductions greater than the 1 person poverty level income could cause the loss of IU rating if continued for more than 12 months with no interruptions With 100% SC you could have earned income at any level that your capable of earning.

My recent IU Award carried the T & P with no future exams scheduled statement. My limited understanding of this indicates that by the DRO making this classification on my award, there would be no automatic Diary Dates for possible future C&P Exams to see if my conditions have improved. His judgement call, I didn't specifically request the T & P rating. Thats not to say there isn't some little pencil neck waiting for 6 mos before you turn 70 or have a rating for 20 years to jump ugly and request a C& P. I don't choose to believe there is actually anybody at the VA looking to screw us, but you never know, till you know.

Semper Fi

Gastone