Pursuing 100% Scheduler Over Keeping IU

[MarineLCpl]

I’ve been receiving IU for 10 years now for PTSD/Anxiety/Major Depressive Disorder. It was initially diagnosed as major depressive and anxiety, but that was dropped in favor of PTSD at my last 5-year evaluation. My condition has worsened with time with no signs of getting better. I’ve tried therapy, medication, etc. I’m still getting scheduled for C&P exams, but nothing changes with my benefits. 

What bothers me is the lack of security in the long term. If I understand correctly, I have ZERO protections on IU, no matter how much time has passed, this benefit can be taken at any time. If I understand correctly, at least being scheduler has protection once certain time milestones have been reached. And you can try to work on it without fear of losing benefits, correct?

I have postponed the idea of starting a family because of this lack of security. I don’t even have the courage to pursue a meaningful relationship due to being embarrassed about not working. In a perfect world, I could at least TRY to work without having to worry about losing benefits. I don’t have much faith in being able to hold down a job, and because the VA would likely try to reduce me for even trying, I just don’t. Why? Say I do good at a job for a few years, but eventually get fired for having a mental breakdown. I’d be in the same position I am now, minus the benefits. What then? File again? Just sounds so backwards. 

What are my options at this point?

Going back to my last c&p exam, note they dropped one 70% rating in favor of another 70% rating. I feel like they did this to prevent a scheduler status. I still have depressive/anxiety symptoms out the wazzoo, but they just seemed to lump it all up nice and tidy being labeled ‘ptsd.’ Not sure what to think about that. 

I can’t even contribute to an IRA with VA income. Being able to attempt to work affords me an opportunity to at least earn SOME income that would allow me to plan better for retirement. I just want a little normalcy, or at least the illusion of it so I’m not constantly thinking my life is already over. I’m getting close to the breaking point...Hoping someone can chime in here. Thanks everyone 

 

MarineLCpl

 

Edited May 23, 2019 by MarineLCpl

[brokensoldier244th]

Well, you can file a claim and just request it. Thats what I did. I was not TDIU but my conditions have been static since around 2013, and I got out and was first rated in 2002. They gradually increased over time, and from around 2015 on I was 90% waiting on a claim for 100%. 100% was granted, retro to when I had filed for it, and I was TDIU I guess for a month or 2 of that but they changed it at the same time in the decision letter timeline and I was granted P/T. 

On a broader front, you'll see occasionally, people on here and elsewhere, that will say that you can work on TDIU but only under poverty line gross per year for SSDI. I wouldn't court that, since, its not tested very often, and in the case that they decide to reduce based on that you have to appeal and fight it which is taking 2 yrs or more depending on backlog of cases. And, honestly, TDUI ratings mean that you can't do any gainful meaningful employment. I don't blame you for feeling stuck with 'what if's'. Im 42 and I felt that way for years. Always in a holding pattern. I would relax a little though. If you have been TDIU for 10 years its not going anywhere. You can file for P/T status (pretty simple, just file a claim and request it in plain english) and if you are getting current treatment, talk to your doc about the static nature of it, that it hasn't changed in forever. In the mean time you still have TDIU, and in the long term you either get P/T or not, but still, the TDIU isn't going anywhere. Don't put your whole life on hold because of it. Thats just time lost.

As far as "what do you do for a living....." questions. Thats really up to you. People ask me and sometimes I say I volunteer. Sometimes I tell them im an Alpaca hearder in the off season. Or, a remote Chernobyl consultant via Google Maps. Whatever. Its really not their business. Family, close friends, potential relationships- they can know if you want, but other people can pound sand. If nothing else tell them you are prior service and left with enough to not have to worry about it for awhile. Good luck, Marine. My dad was Force Recon from 64-68, and a Cav Scout (Army) in the early 80s during drug interdiction work in Central America. He never talked much about any of it, and after growing up and reading historically more about those times, I don't blame him. Still, you have to get some of that anxiety off your chest somewhere, even if its just journaling, or posting in a social military forum, what have you. You'll be better for it and it might help calm some of your anxiety. 

[vetquest]

Even being P&T does not stop them from reviewing you.  They are reviewing me right now for neuropathy a year after I received P&T.  What makes you secure is having a rating for twenty years, except for IU.  I am 100% P&T and IU for SMC purposes.  I would not try to work on IU,  it is only opening up a can of worms.  I understand the wanting to work part, knowing you are on a set income for the rest of your life is quite distressing.   

[MarineLCpl]

22 hours ago, brokensoldier244th said:

Well, you can file a claim and just request it. Thats what I did. I was not TDIU but my conditions have been static since around 2013, and I got out and was first rated in 2002. They gradually increased over time, and from around 2015 on I was 90% waiting on a claim for 100%. 100% was granted, retro to when I had filed for it, and I was TDIU I guess for a month or 2 of that but they changed it at the same time in the decision letter timeline and I was granted P/T. 

On a broader front, you'll see occasionally, people on here and elsewhere, that will say that you can work on TDIU but only under poverty line gross per year for SSDI. I wouldn't court that, since, its not tested very often, and in the case that they decide to reduce based on that you have to appeal and fight it which is taking 2 yrs or more depending on backlog of cases. And, honestly, TDUI ratings mean that you can't do any gainful meaningful employment. I don't blame you for feeling stuck with 'what if's'. Im 42 and I felt that way for years. Always in a holding pattern. I would relax a little though. If you have been TDIU for 10 years its not going anywhere. You can file for P/T status (pretty simple, just file a claim and request it in plain english) and if you are getting current treatment, talk to your doc about the static nature of it, that it hasn't changed in forever. In the mean time you still have TDIU, and in the long term you either get P/T or not, but still, the TDIU isn't going anywhere. Don't put your whole life on hold because of it. Thats just time lost.

As far as "what do you do for a living....." questions. Thats really up to you. People ask me and sometimes I say I volunteer. Sometimes I tell them im an Alpaca hearder in the off season. Or, a remote Chernobyl consultant via Google Maps. Whatever. Its really not their business. Family, close friends, potential relationships- they can know if you want, but other people can pound sand. If nothing else tell them you are prior service and left with enough to not have to worry about it for awhile. Good luck, Marine. My dad was Force Recon from 64-68, and a Cav Scout (Army) in the early 80s during drug interdiction work in Central America. He never talked much about any of it, and after growing up and reading historically more about those times, I don't blame him. Still, you have to get some of that anxiety off your chest somewhere, even if its just journaling, or posting in a social military forum, what have you. You'll be better for it and it might help calm some of your anxiety. 

That’s quite the story you’ve got there. If I’m reading correctly, it may be best to seek P&T first, then go after scheduler. I just feel like scheduler status may take longer to achieve, and I may even ask for some legal help to assist me. 

I know you said that working on tdiu isn’t recommended, but I find it so hard to believe they would punish people for trying to make a little extra income doing side work. There are things out there with no long term obligations that can be done with little to no pressure on the person. To me, doing stuff like this is a far cry from what they consider ‘substantially gainful employment.’ And if I were challenged on it, I’d fight it no doubt. If the VA thinks there’s no difference between volunteering to help clean up after an event, or sweeping floors after a restaurant closes, versus showing up at a specific time, every single day, for many hours, where you can’t just leave, or take a breather when you want, then that’s pretty messed up. I have days where I wake up feeling good, ready to tackle the day with optimism, but the next day I could be laying in bed all day wallowing. Trying to hold down a job with that going on would be very difficult. But that shouldn’t restrict me from being useful when I do feel up to it, right? 

You make some very good points on the social aspect. I usually tell people I’m an engineer bc that’s what I did in college. It’s more or less just feelings of shame that get to me. All these people are living out their lives, interacting with people at work, being social with them afterwards, and then there’s me..I’m the guy you sometimes see at someone’s house for a bbq. People chat away about their jobs(bc let’s face it, that’s a common topic of discussion) and if and when I’m asked about mine, I have to think hard and piece together various tasks Ive done over the last month to make it seem as if I’m busy. Without the comfort of feeling accepted and normal, I would have no social interaction at all. I don’t think that would be good for my mental health, so I do try to be around others sometimes as hard as it may be.

Dating is the hardest. All I can think about is if and when i get married, having no income to report on our jointly filed tax return. I’m thinking about that on the first date.......I’m an honest person and with something as serious as marriage, I’d have no choice but to own up to the situation. Sacrificing my pride may be the hardest thing I’ll ever do, and that’s really why I’d prefer to do SOMETHING that can net me some income, even if it’s through my home engineering setup. The most I’ve ever made off my work at home in a years time is just over a thousand dollars. Not exactly enough to live on, but that gave me stuff to do, at my own pace. There was nobody calling me up and chewing me out, demanding I hurry up, threatening termination..no deadline to adhere to, etc. 

I have many concerns, but this is a good generalization of what I deal with on a semi-daily basis. 

Edited May 24, 2019 by MarineLCpl

[MarineLCpl]

20 hours ago, vetquest said:

Even being P&T does not stop them from reviewing you.  They are reviewing me right now for neuropathy a year after I received P&T.  What makes you secure is having a rating for twenty years, except for IU.  I am 100% P&T and IU for SMC purposes.  I would not try to work on IU,  it is only opening up a can of worms.  I understand the wanting to work part, knowing you are on a set income for the rest of your life is quite distressing.   

I’m going to have to do some research on what exactly I would need to do for scheduler status because currently I’m at 80%. 70 for PTSD and 10 for a bi-lateral knee condition. Each knee is rated separately at 10, but I don’t get the combined percentages(10+10) for some reason.

And yes, it’s very distressing. Not only being on a fixed income, I can’t even contribute to a retirement fund. Honestly, it makes me feel completely useless. Why on earth do they frown upon people trying to do work within their means to gain a little extra income? All of my friends are making 50-60k a year and I have the same educational background. Just because I can’t survive in a normal workplace environment doesn’t mean i cant do things. In fact, anything that takes my mind off the many thoughts that plague me everyday is a plus in my book. What do they expect me to do, sit in a room all day with only my thoughts to keep me company? Sounds like a low-key way of saying ‘commit suicide already so we don’t have to keep paying you.’ 

And why even include the whole bit about earning wages below the poverty line being okay if it’s going to negatively impact you if they find out about it?? Just seems ass backwards to me, but what do I know.

Edited May 24, 2019 by MarineLCpl

[Buck52]

MarineLCpl ,

I understand they drop the IU and gave you an increase for PTSD? to 70% plus the other 10% =80% combined rating

If correct you actually went backwards as for as compensation pay.

If you are currently rated at 80% combined rating...it will take another S.C. Condition rated at 60%  for you to reach the 100% scheduler .

I don't understand why they took your IU? And not gave you the increase to 70%??...the next rating would have been 100% for PTSD

you need to recheck your award on this rating...what did they  say ?

[broncovet]

The "protections" for tdiu are no different than the "protections" for schedular.  

They are here: (notice there is not a different set of protections for tdiu and schedular):

Quote

https://www.law.cornell.edu/cfr/text/38/3.344

If you dont obtain "security" over this, you are unlikely to get that elusive "security" from a schedular evaluation.  

As far as dating goes, women love disabled Vets...for multiple reasons..security is one.  They can help you spend your income and ask you to do things around the house.  

     There are poeple who "insist" on worrying.  If they are not "worried" they think there is something wrong.  You choose whether or not you want to waste most of your life worrying.  I choose not to do that.  

    The reason I dont worry?  Its a song, that explains it well.  

"Im no longer a slave to fear"

"For I am a child of God."