Should I attempt 100% TDIU or 100% Service-Connected?

[Freddiethornton423]

Hello, and thank you for reading. 

I have a question regarding my Veteran's Affairs rating and whether I should pursue a 100% unemployable rating due to mental illness since I received benefits in 2010. 

In 01/2010 I was awarded 100% permanent and total non-service connected disability from the VA due to a bi-polar disorder. I felt this was unfair as I entered the military in good mental and physical health, and experienced hazing in the military to the level I have developed a schizo-affective disorder. 

After many years of fighting the VA for service-connected recognition, I was granted a 70% service-connected disability in 2014 due to having a schizo-affective disorder. I cannot work, I have sever anxiety, bi-polar, paranoia, and other issues that just go up and down, regardless of what medication my doctor keeps putting me on. I've been hospitalized for suicide attempts MANY times since 2010. 

Is it worth hiring a lawyer or VSO to attempt the rating increase, or is it too risky after all of the fighting just for 70% in the event of a decrease because a doctor is having a bad day and just doesn't like me?

[seminoles]

14 hours ago, Freddiethornton423 said:

Hello, and thank you for reading. 

I have a question regarding my Veteran's Affairs rating and whether I should pursue a 100% unemployable rating due to mental illness since I received benefits in 2010. 

In 01/2010 I was awarded 100% permanent and total non-service connected disability from the VA due to a bi-polar disorder. I felt this was unfair as I entered the military in good mental and physical health, and experienced hazing in the military to the level I have developed a schizo-affective disorder. 

After many years of fighting the VA for service-connected recognition, I was granted a 70% service-connected disability in 2014 due to having a schizo-affective disorder. I cannot work, I have sever anxiety, bi-polar, paranoia, and other issues that just go up and down, regardless of what medication my doctor keeps putting me on. I've been hospitalized for suicide attempts MANY times since 2010. 

Is it worth hiring a lawyer or VSO to attempt the rating increase, or is it too risky after all of the fighting just for 70% in the event of a decrease because a doctor is having a bad day and just doesn't like me?

Did your mental health issues begin during your service?  Are they documented?  Did you seek mental health treatment during AD?  I am just very confused, It seems like they are awarding you pension?  or IU PT for mental health?  The VA rates mh as one disability but they can and will say that one diagnosis is causing a certain percentage of your disability etc.  It is very hard to differentiate those two disorders completely, I would be seeking outside psychiatric care.

 

Edited May 19, 2017 by seminoles

[Vync]

Like seminole said, it sounds like you won a pension first, but later won SC at 70% (at which I assume they canceled the pension).

If your SC MH issue is the reason why you are unemployable, then, in my non-professional opinion, it might be worth just trying to file for IU first. By having a single MH rating of 70% and not working, you already met two obvious criteria for IU. If they deny, that would probably be a time to closely look at the reasons and bases section of the SSOC to find out why and then weigh the lawyer option. If you end up winning IU, you can try and request an earlier effective date back to 2010 or whenever they granted your initial SC.

[Freddiethornton423]

Yes, they discontinued my pension when I was awarded SC.

As far as evmvidence5. My C-File looks pretty open and shut about my consistent inability to maintain long term emotions and mental status. Reviewing my lad C&P exam the examiner stated I had difficulty obtaining and keeping employment, and this was in 2013. 

 

Although my VA psych will not fill out a DBQ, her notes on my May 16th visit of 2017 state. That I am unable to maintain employment.

So, that being said, I was going to include my last C&P examiners notes, my most recent VA Psychiatrist of 6+ years notes, and ask them to reference my c- File which has more than enough medical evidence to substantiate my claim without needing to gather more.

 

What are your thoughts as far as filling out a statement in support of claim or let my doctors notes showing mental instability prove itself?

[Freddiethornton423]

On 5/19/2017 at 2:48 PM, seminoles said:

Did your mental health issues begin during your service?  Are they documented?  Did you seek mental health treatment during AD?  I am just very confused, It seems like they are awarding you pension?  or IU PT for mental health?  The VA rates mh as one disability but they can and will say that one diagnosis is causing a certain percentage of your disability etc.  It is very hard to differentiate those two disorders completely, I would be seeking outside psychiatric care.

 

I want to add that I have a clean and clear physical and psychological review (I have my enlistment records) prior to joining. However I attempted suicide in AD, was put on depression medication, and the only thing my examiner from my initial claim in 2010 said is that my record shows I was only feeling a little depressed and was discharged with a personality disorder. I explained to her I was manipulated into accepting that to avoid hazing when my unit came back from deployment the date of my actual scheduled ETS, but she probably didn't notice. And the fact she did not mention or did not see the suicide attempt and anti depressants I was on during AD leads me to believe something in my file is wrong or not recorded.

[Gastone]

You're going to need to read up on IU being "moot" if a 100% Scheduler Rating is in place or just obtained. I was 90% CSC, Awarded IU P & T No  Future Exams 06/14 effective 09/12. 12/2015 got a Quality Review bump to my 50% SA SC to 100%. 01/03/16, E-Ben showed 100% P & T NFA, nothing about the prior IU Rating. It also showed the New SMC S (1) Award, 1 SC @ 100% with additional SC's totaling 60%.

In the past, I've read BVA Docket Decisions where the Judge discussed the issue of an IU Denial beeing "Moot" because of the subsequent 100% CSC Award.

Semper Fi

[Buck52]

So a veteran that is on TDIU P&T and was  rated at 90%  to get the IU,  Then if he files for another ''separate'' S.C. Condition and is rated 50% or higher  this moots the IU and 100% scheduler is giving also qualify's  the veteran for  the SMC'-S at the same time.

This should be a inferred decision on the VA  Raters part because of the IU being 100% and the other separate 60%  condition  this would be a statutory rating  and if they fail to rate this SMC  then they committed CUE.

 

CORRECT?

I believe once a veteran is rated TDIU P&T he will always have that rating  even if the 90% combined rating is giving to reach the TDIU P&T.

>   Now here is the tricky part by the VA  They change the 90% using the exrta scheduler to move the veteran up to a 100% scheduler rating  and put 100% as a last degree on e benefits. all because of the Separate 60% rating or higher.

jmo