Temporary Dsability

[x020574]

I have been TDIU for 2 years now and I will need surgery for a severe narrowing of my left carotid artery. Since I am getting comp'd at 100% already I'll assume there is no need to submit a claim for recovery... yes/no?

I'm am 90% scheduler for IHD 60%, MH 70%, DMII 20%, Tinnitus 10%, Hearing 0% plus SMC K and S.

Since receiving TDIU I have had several other dx that I could possibly file as secondaries but don't want to risk having existing disabilities re-evaluated and losing TDIU. I'm ill and 66yrs old, going back to work is not an option for me. I was automatically switched from SSDI to full benefit SSA on my 66th birthday.

1, Paroxysmal Nocturnal Hemoglobinuria (PNH) aka acquired hemolytic anemia - it is a very serious illness that i could file a direct claim due to my 4 yrs of day to day exposure to toxic chemicals as a Jet Eng Mechanic. There is treatment ($$$$$$) but no cure and  it is progressive, it will get worse going forward. I have lab work done every 5-6 weeks as I am considered 'stable' for now and in a wait 'N' watch state. My VA Hem/Onc has prescribed a Folic Acid supplement but no other medications required at this time. No sense in risking TDIU for this one since it would probably be awarded 0% if approved due to no significant disabilities,

2, PTSD due to MST, which causes a lot of trust issues for me, stress, reoccurring dreams, disrupted sleep but I'm assuming they would just consider the disabilities duplicated under my existing Major Depression disorder since one can only be rated for one MH disorder, So I dont' see much to gain here.

3. A recent brain MRI shows Cerebral Small Vessel Disease, white matter and an asymtomatic Lacunar stroke most likely causation to left carotid artery stenosis, DMII and hypertension. Neurologist says I'm fortunate that the stroke happened in the 'silent' part of the brain, he can't determine when it happened other than it was not relatively new. IHD causation???...not sure if IHD could be primary.

4. Carotid Artery stenosis, surgery required. If I am TDIU Ill assume there is no need to file for recovery time since I dont think there is anything to gain there.

Giving these 4 newer developments with minimal daily disabilities I never claimed them, but the recent hype around the TDIU and SSA proposed cuts has prompted me thinking whether I might qualify for 100% scheduler and escape the TDIU cuts?

Any thoughts appreciated! I know Bertha mentioned in a previous post not to worry about the pending TDIU/SS benefit cuts. I hear it would take effect immediately and/or it will be a while to get that in the registry if implemented.

Thanks from TomTheSkyIsFalling

[Buck52]

If you were getting less than the 100% they would pay you the 100% for 3 months of hospital stay.

but since your being paid at the 100%  then NO they will not pay  you an extra 100%  however there are special circumstances   so you may check with the VBA

You can file for increase but it may need to be a secondary condition   but it would help you recieve the SMC S   and extra 347 month with spouse on top of your 100%

[x020574]

Thanks Buck... I didn't think hospitalization or convalescence afterwards would add anything regardless of 100% scheduler or TDIU. !00% = !00%

I am already SMC for housebound and SMC for Loss of Use of organ (ED). I think it's (S an K).

[Buck52]

you might check with the Veterans Benefits Administration . if you go in the Hospital for a long stay period 3 months or so  they maybe some type of Program that will help...I'm just not 100% sure on this?    better to ask the big boys  b/c I sure don't want to tell you wrong on this.

[broncovet]

Ok.  Here is the deal.  iF YOU HAVE 100 PERCENT, PLUS an additional 60 percent, (seperate and distint from the 100 percent), then you get statuatory SMC S (housebound).  Its seperate from your SMC K.  So, applying for the convalescent 100 percent for your surgury, should result in an additional 347 per month.  (SMC S).  This works even if this is a convalescent, or temporary, 100 percent rating.  

Apply unless you dont need or want the money.  

[Buck52]

broncovet  he already is receiving the SMC S & the SMC -K

he wants to know if there are any other va programs out there for more $$ while he is laid up in the hospital.

Here is a question for ya bronco

Say a veteran is 100% or 90%combined getting IU...Ok he files for a separate and distinct disability and is approved  say for 70%...ok what does this do to his IU Rating? when he gets a mandatory rating for SMC -S1 H.B.b/c of the IU BEING PAID AT THE 100%RATE OR FROM BEING 100%SCHEDULER

 How does this change his official ratings? is the IU Moot? and the veteran is now  100% scheduled rating and have a final degree of a 100%rating?

What do you think happens?

[broncovet]

I was incorrect, yes, Buck, and thanks for correcting me.  He DID say he was already SMC S, and I missed that, as you correctly pointed out.  

As far as the other portion of your quesstion, if he is  awarded 100 percent, while ALREADY TDIU, the Vetran should get the rating that is most beneficial to the VET.   For example, I was 40 percent PLUS NSC; pension, and the greater amount was nsc pension, so I kept my 40 percent but was compensated for NSC pension.  (but I was only compensated for NSC pension, with it being the greater of the 2).  

In this example, if I WERE able to go back to work, I could lose my pension, but would still collect my 40 percent.  

Hopefully this answers your question.  You get to keep the rating which is the most beneficial to you, but you cant collect 2...100 percent checks.     You dont "lose" the other rating..you get to keep it, but you dont collect on 2  100 percent checks no matter what.  For example, if you had TWO 100 percent ratings, and one of them was reduced, for whatever reason, then you would still be at 100 percent, BUT you could loose SMC S if it were applicable.  That is, if you no longer met the statuatory "100 plus 60" criteria, you could be reduced and your SMC s eliminated if you no longer meet the critera.