P&T from IU yes or no?

[abnrgr88]

I was just granted P&T IU at 90% overall. I have not filed for an increase from a 20% DDD. I had 13 level spinal fusion after the 20% was granted. Yes my wife and son now have a chance at champva, yes chapter 35 as well. its been 17 months since surgery and everything seems to be falling apart. upcoming surgery for right and left hip impingement...not yet rated. Lost all hearing in right ear and now 50% in other,...10% hearing loss and 10% tinnitus existing. Chronic pain syndrome well documented in my file..not yet rated. 19" scar down my back painful as heck...not rated......I can use some experienced advice please??

[Buck52]

If we do not agree with other members please keep your post civil and respect other members here on Hadit..if you do not like what members post  and it annoys you please hit the Ignore button.

We All must show respect to one another  if you can't do that   then hit that Ignore button.

Here is a link to Ms Tbirds Post

https://community.hadit.com/topic/73284-ignore-members-who-annoy-you-how-to/

 

[abnrgr88]

On 12/1/2018 at 6:03 PM, GeekySquid said:

1) no and 2) no  that is not how it works.

To reduce a rating or in your case take away TDIU, they would have to jump through a bunch of hoops and prove the you are no longer in a state of not being able to work. ...that isn't happening. I am not being rude, but your level of spinal problems don;t just get better and damn sure cannot be faked.  yes there are more technical and detailed ways to say it, but  the short version is don't sweat that.

you still have not posted a list with percentages of what you are rated for that makes up the 90% so that is still unclear

no. just no. What TDIU means is that a veteran who is NOT 100% schedular but cannot work even with a lower rating (lots of extra details not important here) gets paid at the 100% rate. the monthly compensation is the same.

If that vets problems get worse and the VA increases their rating to 100% schedular, TDIU becomes moot and no longer applies. In other words you cannot be both 100% Schedular and TDIU at the same time. The lesser value rating is TDIU and the official VA party line is that all decisions are to be made to the best advantage of the veteran.

your money will be the same in terms of compensation. If you have SSDI that is unaffected by becoming 100% schedular.

As brokensoldier said in his second post

As for rocking the boat.

I will bet that 95% of the people who read that sentence will immediately think some VSO told you that...and I am one of them.

Don't believe it. There is a lot of chatter as to why VSO's say this, and some can make sense if you are the conspiracy theory type or just believe that everyone in government is corrupt. Whatever the truth is, many vets do hear that from their VSO.  I personally subscribe to the idea that the lazy ones just don't want the hassle of what appealing and asking for increases entail.

if you are in pain, or some existing harm has increased, file for an increase!!!!!! The VA rating system for payments is meant to compensate the veteran for harms incurred by their military service. It is not a handout, it is not the VA's money and it is not a gift. It is compensation.

if you want opinions on ratings we can do better if you supply more information.

list all the SC conditions you have, and at what percent.

List all the other conditions you have not yet been rated for, and if you have already filed a claim for, even if they denied that claim.

list the date each claim was approved, made or denied.

with your level of back problems I doubt you move very well (that makes the weightlifting entry in your profile unusual), which indicates you could possibly have packed on a few pounds and or may have issues with things like diabetes or are nearing that. IF you did pork out the extra weight and limited movement may be aggravating any condition you have with your knees, legs or feet.

I am not trying to be rude my friend, but IF those things exist you may have claims available to you as secondary conditions.

do you snore? do you stop breathing when you sleep? does your spouse have to wake you up when you stop breathing? you may have Sleep Apnea, which can be secondary if your existing SC problems can be logically and medically connected to the SA. for example, your back problem means you have porked out and now have breathing and sleeping problems from the weight. that is a direct line that can be fleshed out to help make the connection. I am not saying it is easy, or some straight process, just that it would be a valid path to explore if that situation exists.

please understand no one here can make suggestions or offer valid opinions until you provide us the information on all your conditions.

 

as I asked before is this based on a hearing test or just life? if there was a test was it part of a C&P? Deaf is a ratable and compensable condition and a 50% loss is too if they are service connected.

if you have the audiogram please post the numbers and frequencies. Also post the Maryland CNC results.

This will seem personal and intrusive. it is not meant to be so. Are you depressed, anxious, a little paranoid about things? do you get angry for reasons you used to not get angry? all since your back stuff started "falling apart" as you stated?

you may be able to make a claim for depression and or anxiety secondary to your physical injuries. No one could blame you if you were depressed and anxious. it is no shame no matter what you may feel or think.

the level of problems you have are consistent with developing severe depression. I am not suggesting you lie or exaggerate, but if you are depressed and or anxious, and be honest ask your wife if she thinks you are 'different',  mention it to your PCP, Back Docs, and any other VA docs you see. get them to note it in your treatment record. ask for help with it.

If it is bad enough file a claim.

every vet here has empathy for you and wishes you the best. please post those things i asked for so we can give you better suggestions.

 

[abnrgr88]

OK, does everyone see my need of opinions?!! I did not mean to get you gentlemen fired up. 1stly, thank you all for your expert advice. I have sooo much to learn. Although i am grateful to have reached P&T status, IU at 90% overall keeps me from being employed. I also feel blessed that my wife and 15 yr old son can be given the care that they need. I am 50 yrs old and feel i can still set a good example for my son by working at a good respected profession. is this ego? yes. Is this also reality, yes. 13 level spinal fusion due to years of service as a Army Ranger has taken its toll. I feel strongly to being rated for what i am dealing with. I can sit and be satisfied with 90% overall IU P&T and maybe apply for SSDI. I wont feel morally satisfied until i push on further with claims i feel i need to file. Thanks for your advice and knowledge. we are all brothers and sisters here. I will help in anyway that i can as well.

[vetquest]

Sorry about getting all fired up.  If you have other conditions that are viable please request an increase.  And also apply for SSDI.  Is it ego that you wish to work, yes and no.  We all want to be seen as contributing to society.  Just remember that you gave service to your country and are now paying the price.  Your service was the price of admission into a club that none of us wants to belong to.

[GeekySquid]

31 minutes ago, abnrgr88 said:

I wont feel morally satisfied until i push on further with claims i feel i need to file. Thanks for your advice and knowledge. we are all brothers and sisters here. I will help in anyway that i can as well.

This, IMO, is the correct way to view your situation for all the reasons you listed. IT will do you a world of good if you are able work and supplement your family income, teach your son by example, and support your wife who has been/is supportive of you.

you must learn the ins and outs to become your own best advocate with the VA. IT is lot of information, history, and even abuse; systemic challenges exist.

learn how to read 38 CFR and the MR21 adjudication manual. learn when a lawyer or vso is needed and when you can DIY.

Read Chris Attig over at Veterans Law Blog

Put that ego, training, backbone, and determination to work for yourself, your family and for other vets.