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

 

[Gastone]

What NOD said, and after your done with school, if you hold SGI+ employment for 12 Consecutive months (No Interruptions) you would probably get popped for an IU Reduction.

Remember when you received your IU Award Letter, a page near the end addressed your eligibility for VA Vocational Rehab, right. Your Medical, not necessarily your MH issues, maybe T & P, but your IU Award never is. At least not until your 69+. Your SSA Records indicate Earned Income above the VA's SGI ($12,400 under 65), start looking over your shoulder.

Thy VA's requirement for IU Anniversary Date, Past 12 month, Income & Employment Verification Letter was put back into effect, in 14, I think. I was Awarded IU 06/27/14, received the Verification Letter about 07/14/15.

How will your MH issues affect your ability to deal with people in a Medical or business setting? You can get your Vet Degree, no problem with your IU, until your SGI+ is questioned, 2+ years down the road.

Live your LIFE Today, Tomorrow isn't guaranteed. As Alfred E Newman always said, "What, Me Worry?"

Is Mad Magazine still around?

Semper Fi

[zat954]

2 minutes ago, Gastone said:

What NOD said, and after your done with school, if you hold SGI+ employment for 12 Consecutive months (No Interruptions) you would probably get popped for an IU Reduction.

Remember when you received your IU Award Letter, a page near the end addressed your eligibility for VA Vocational Rehab, right. Your Medical, not necessarily your MH issues, maybe T & P, but your IU Award never is. At least not until your 69+. Your SSA Records indicate Earned Income above the VA's SGI ($12,400 under 65), start looking over your shoulder.

Thy VA's requirement for IU Anniversary Date, Past 12 month, Income & Employment Verification Letter was put back into effect, in 14, I think. I was Awarded IU 06/27/14, received the Verification Letter about 07/14/15.

How will your MH issues affect your ability to deal with people in a Medical or business setting? You can get your Vet Degree, no problem with your IU, until your SGI+ is questioned, 2+ years down the road.

Live your LIFE Today, Tomorrow isn't guaranteed. As Alfred E Newman always said, "What, Me Worry?"

Is Mad Magazine still around?

Semper Fi

Thanks for the response Senior. I recognize all of these things you mentioned. I actually added a bunch of questions to asknod in the past 12 hours as he really opened my eyes to some things. I still have disabilities I have not claimed such as gulf war syndrome anomalies and well documented cardiac issues which was first shown in a cardiac Mri while still active awaiting retirement yet after my initial va work up. I'm sc'd for htn so this should be a relatively easy secondary to prove. Point is I see now my 100% p&t is not as P&t as it should be or I'd like. I'm fine now through school and chapter 31 but you and everyone else are right I need to get all my disabilities treated and claimed and build what I'm entitled to up as high as I can prior to thinking about going back into the workforce someday. 

Semper fi

[TALON II FE]

zat954, what many here are telling you is that you were given the Golden Goose and now, rather than collecting the eggs, you are trying to crawl up said Goose's rear to get more eggs.  You say you just want to work but you are receiving compensation for not working but you want to keep getting the money for not working but you want to work but you maybe can't but you want your money for not working even if you work.  Confusing read that is a bit nonsensical?  You can keep asking until someone tells you what you want to hear, that won't make it legit.  You are rated primarily for a mental disorder.  Go to work if you like, but even a 70%, by definition in the rating schedule, precludes almost all employment besides things like being the "creepy mower guy" at the high school field house.  Meanwhile, you are asking for advice on how to get to 100% for depression while still going to work?  I am rated for much more than you, not much older, and I don't have SMC.  At some point you need to decide whether to be happy with what you have or throw it out the window for whatever is in the "other case".  I will advocate for anyone and everyone to get ALL the benefits and compensation they deserve, but it appears you just want...imo.

[Buck52]

'' Note'' john999

you mention this above

''I am 66 years old and have been TDIU P&T since August, 2001.  I have SMC "S"  because I got an extra 60% in 2008 for heart disease as a complication of SC DMII due to AO.  I have a 70% rating as headcase, 60% rating for heart,  20% rating for DMII and four ratings for PN in all four limbs.  I don't make it to 100%''

Have you checked ebenefits lately? VA ever send you a letter telling you what ratings you have?

if your at 100% rating   you should have a blue circle with 100% in the middle  on ebenefits.

check ebennys  john999

...................Buck

[zat954]

42 minutes ago, TALON II FE said:

zat954, what many here are telling you is that you were given the Golden Goose and now, rather than collecting the eggs, you are trying to crawl up said Goose's rear to get more eggs.  You say you just want to work but you are receiving compensation for not working but you want to keep getting the money for not working but you want to work but you maybe can't but you want your money for not working even if you work.  Confusing read that is a bit nonsensical?  You can keep asking until someone tells you what you want to hear, that won't make it legit.  You are rated primarily for a mental disorder.  Go to work if you like, but even a 70%, by definition in the rating schedule, precludes almost all employment besides things like being the "creepy mower guy" at the high school field house.  Meanwhile, you are asking for advice on how to get to 100% for depression while still going to work?  I am rated for much more than you, not much older, and I don't have SMC.  At some point you need to decide whether to be happy with what you have or throw it out the window for whatever is in the "other case".  I will advocate for anyone and everyone to get ALL the benefits and compensation they deserve, but it appears you just want...imo.

I appreciate your input. Ill repeat what I stated to john999 initially before we resolved our misunderstanding via verbiage on a blog. I'm grateful for all I have lets be very clear. But frankly I earned it all Just like you and everyone else. Above all, while I am grateful for my SMC, I never requested it, and would happily relinquish it to be able to work. Yes I realize what the va is telling me and everyone has valid points and true concerns about a fellow veterans health and future if I never do get well enough to work. Except somehow after going through this entire thread you still manage to come up with the idea that I "just want more"? Interesting actually. No. I want to be better and work. My disabilities that I earned, up to 100% or less, are in lieu of the pension I WOULD have had if not injured and did the 20 year career I wanted to have. I'm not gaming anyone or trying to get anymore than I haven't earned. So to be clear again..... I do not just accept that I will never be able to work again. I will fight tooth and nail to get better. And if and when I do God willing I will happily forfeit the housebound money, which again I'm entitled to because of my situation, but have no interest in keeping. In fact if I come to a point where a good job that brings me income and a sense of accomplishment means dropping below 100% I will do it in a heartbeat. So I'd appreciate if before you start judging my character and motives and essentially calling me greedy you took a minute to read the entire thread. I was rated and retired less than six years ago. I still have severe complications with my heart and other anomalies from my tours in the gulf that I have not even put in the full claims for yet despite my evidence. I have Tricare, I'll always be compensated at some rate, and I'm taking advantage of all of my educational benefits. I'd rather be working. Call me crazy but at 37 I feel pretty worthless being unemployable. Plenty of vets are 100% and working because they earned it. I never stated once that I "want more", I simply want to avoid a C&p if possible and keep what's mine. That's fair. I'd be willing to bet you want to avoid them as well. So with all due respect hopefully I've made my motives a bit more clear. Thanks. 

 

*** and let me again add my thanks to everyone who has been helpful or supportive. Finding people like asknod who are as generous and knowledgeable about getting people to where they want to be and how to do it is rare and invaluable and I think everyone appreciates it. I certainly do. 

Edited March 26, 2016 by zat954

[Buck52]

I understand  zat954, I would feel the same way if I were younger too, its hard to accept being unemployable at your age.

if you ever do get better or to where you can go back to work  you may want to contact the VA and let them know. that will help you if you ever need VA Compensation in the future for your SC Disability's 

it shows your integrity and good character.

AS bad and crazy the VA can be at times  they still like to be told the truth  so being honest helps with the VA.

jno

................................Buck