lumbosacral SMC S, schedular 100, tdiu, P&T and working

[zat954]

Hello All,

 

I apologize anything redundant, i see this  topic is overrun with similar cases but none ive found like mine exactly and Im hoping someone can help or provide some direction.  Ive researched endlessly for an answer to my question. Im a medically retired fmf corpsman. Upon retirement in 2010 i was initially rated 80% (84) and ha a claim for tdiu as well as other increases. In 2013 after a c&p for psych and back injuries, I was upped to the following:

70% mood disorder (up from 30)

50% sleep apnea     (up from 30)

40% lumbar              (up from 20)

20% sternal injury

20% pectoral shoulder tear

10% cervical strain

total 100% (95) P&T

 

Interestingly my ebenefits lists these all accurately but still shows the previous rating for mood disorder (then diagnosed as MDD for 30%. I dont know why it still shows. the back increase was alone as was the sleep apnea (previously 20% and 30% respectively). So why MDD is still showing leads me to believe its probably a typo. 

 

Moving on. I am schedular 100% p&t. but i believe, because of the following explanation under my additional benefits section I am a Bradley vs Peake candidate: 

                  "Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of mood disorder (previously rated as major depressive disorder with anxiety disorder and body dysmorphic disorder (also claimed as involutional melancholia, severe insomnia due to pain, and adjustment disorder with anxious mood)) a single disability upon which a total individual unemployability rating is based and additional service-connected disabilities of lumbosacral strain claimed as lumbago pain and spasm , independently ratable at 60 percent or more from 09/09/2011.

Rating Date : 11/20/2013"

 

Now i dont understand bc my back injury is rated at 40% NOT 60% But im not complaining. My concern and desires are this; Im in Voc rehab now, and when i graduate will use my remaining 8 months of GI bill to pursue veterinary or physicians assistant school. So, Can I work freely due to being 100% schedular and P&T? In other words does that trump or in any way effect my SMC for TDIU B vs P? I do not fill out the 21-4140. The only feedback ive gotten anywhere is a moderator on YUKU who seems as educated in this as you are. His response was this:

 

                         "your disabilities combine to 95%.  So, in the eyes of the VA, you are schedular 100%.  That's why you don't get the annual employment verification form.  However, because you were (or could have been) IU based upon a single disability,you are eligible for SMC S (see “Bradley vs Peak” for reference. I know it's confusing.)  I think of it as a loop hole that allows for an additional benefit that you would not qualify for otherwise. Maybe that will help.In any event, you are not IU.  As long as your current ratings remain in force, you can work all you want without affecting your benefits for dependents - ChampVA and Chap 35."

 

So needless to say im confused. The overall goal is to get back into a career and maintain my 100% Schedular P&T, as ive earned it. Now i know there is no crystal ball that can see if ill be called for a C&P in the future, but would going back to work prompt this? Should i request the smc removed as well as tdiu or ask for forgiveness in the future not permission? If this moderator, who is extremely resourceful from what ive seen, is correct the tdiu is secondary and ive earned the smc s according to guidelines, regardless of actual employment ability and my employment should not prompt an evaluation, particularly because I dont fill out a 21-4140.

 

So if and when anyone has time id love your opinion on this, as I do WANT to work, but i want to play this game of chess with the VA very carefully. Im happy to give up smc, and tdiu, but not 100% schedular PT or the benefits educationally my wife gets. Please let me know your thoughts. Work is still a minimum of 14 months away. Thank you.

 

V/R

 

Zat954 HM3 retired

 

[FormerMember]

R/T. 

[TALON II FE]

I'm sorry if my first post was negative, but that is my perspective, I still wish you the best!

Have you considered doing some non-profit work, etc.  It is a good way to give back and test yourself without worrying about losing benefits.

[zat954]

1 hour ago, TALON II FE said:

I'm sorry if my first post was negative, but that is my perspective, I still wish you the best!

Have you considered doing some non-profit work, etc.  It is a good way to give back and test yourself without worrying about losing benefits.

Not a problem. These boards get a lot of crazy views and questions and shady ppl I'm sure and it's not easy to decipher it all in a short description on a cel phone. Just trying to evaluate all options in advance. As I said I'd rather prepare and keep what I can but if given the option to get my life back id surrender some disability. We'll see. I've actually looked into non-profit stuff. I have some friends I served with involved in medical marijuana in California helping vets get off the heavy meds the va likes to put us on. That's all non profit for the most part. So we'll see. Anything is possible. Thanks

[Chuck75]

According to the VA, we are all a bunch of shady veterans, trying to take the government for whatever we can! <G>

[TALON II FE]

With a non-profit, you can test the waters, too and make sure you are ready to go back long-term, while still collecting your current benefits without risking losing them.  The Mission Continues is an example of one of them (I'm sure there are others) where you are reimbursed with a stipend for your time, you only work with other Vets and you benefit your local community, and you are breaking no rules.  Do something like that for 6 months and see how you feel, no strings attached in an 'understanding' environment.  That's my best advice with my limited understanding of your situation..

Edited March 28, 2016 by TALON II FE