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

[MarineLCpl]

On 5/27/2019 at 6:50 AM, broncovet said:

You remind me of the farmer..who sold his farm to go and seek diamonds.  

They found a very large diamond mine in his farmers field. 

VA website explains tdiu, which permits just as you posted:

https://www.va.gov/disability/eligibility/special-claims/unemployability/

In pertinet part:

In other places, the Va "defines" SGE as a Veteran earning below the poverty level in the most recent 12 months.  Depending upon your number of Dependents, "poverty level" is defined by VA as about 12,000 per year.  

If you want, feel free to research this.   I have looked up some of it for you.  You can look up "marginal employment" or "sheltered employment".  

Now, Im not advocating you defraud VA and earn income and not report it to VA.  Never.  Instead, however, you can push the envelope "a bit" and earn up to the poverty level, report it to VA. If you push it to far, up to or exceeding poverty level, then you run into trouble.  You had spoke of earning 5000 per year, which is well under that envelope.  

Lol, fair enough. I apologize for being so concerned about retirement, who knows if i’ll even make it that far. This ‘5,000 a year’ I speak of is just a figure. There’s no telling if I’ll be able to make 1k, let alone 5-10. My argument was that even if it was 10, it’s not like that figure will be consistent. Could make 5 one year, 3 the next, 7 the next, etc. I just don’t see how I’d be challenged on that when I’m working around my disabilities. Now it may not be considered ‘sheltered’ by definition, but when I’m working at my own pace, at times when my condition allows, it may as well be. And it’s absolutely marginal in my opinion as there’s no guarantees of work, or continued work. There are a lot of ‘one-time things’ in the audio world, which is the field I’m knowledgeable in. 

Edited May 28, 2019 by MarineLCpl
sp.

[jfrei]

One thing I had to do when they made me IU 90% p and t. I filed for SSDI which was actually only a 11 month wait total time with a hearing which was only done because I contacted my local congressman... it may make family life somewhat bearable I have a 2 and 4 year old with my spouse having to work part time due to my TBI issues. SSdI would also takes into account family size and pays your amount plus another half that amount for Dependants sorry if that is confusing. Also at the same time you apply if your P and T it moves quicker by informing them that . I also would recommend getting an IMO and let him decide if it’s considered Chronic PTSD which in my opinion is why they made me scheduler P and T... still the same result which was I was being paid SMC S due to all my different disabilities so basically it was I felt like the only thing that changed was the wording but it was also good evidence for my hearing for SSDI.... just to clarify they aren’t bad at making decisions at the RO but if you question their answers they have to reopen to evaluate you not to start another topic how stupid they could be so apparently I was made 90% IU P and T 6 and 1/2 years later then when i questioned how you can be 90 IU P and T based on residuals of a TBI and lumped PTSD with the dx never giving me a separate exam. Then one year later they gave me a PTSD exam Since my RO psychiatrist said my PTSD was chronic which then they said ok we are lumping it with your TBI still but making it 100% scheduler but not P and T. Another trip to the RO I spoke with the director I asked how is it possible for you to take away my P and T status when it was just awarded based on a lower rating, how can an increase show that it will get better my sTBI was in 2006. He said I’ll look into it but your right it shows your P and T in the system they’ll be sending you a new update SOC the different decisions in the time lapse from May 2016 to September 2016...,

Edited May 28, 2019 by jfrei

[Ddsr]

On 5/23/2019 at 10:03 AM, MarineLCpl said:

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

 

Never chance going for scheduler. Once you do that it opens everything up to be re-evaluated. I am told that usually a vet loses the TDIU. Not worth it. Here is a suggestion that i use. If you want to increase pay file for SMK. Sure it is only an extra 109 a month but it does not open you up for re-evals. Many vets make the mistake by going for scheduler only to lose the TDIU. If you have been TDIU for 10 years I would encourage to study hard on the facts. Many things come into factor to protect your TDIU such as age etc. etc. I would not worry about it and enjoy life.

[brokensoldier244th]

Quote

Never chance going for scheduler. Once you do that it opens everything up to be re-evaluated. I am told that usually a vet loses the TDIU. Not worth it. Here is a suggestion that i use. If you want to increase pay file for SMK. Sure it is only an extra 109 a month but it does not open you up for re-evals. Many vets make the mistake by going for scheduler only to lose the TDIU. If you have been TDIU for 10 years I would encourage to study hard on the facts. Many things come into factor to protect your TDIU such as age etc. etc. I would not worry about it and enjoy life.

 

If you go schedular of course you would lose TDIU. As far as SMC's he may be going for SMC S, which is considerably more than 109 a month. Any claim opens up all claims for re-eval, because under duty to assist they have to look at the most advantageous claim. If his medical history for PTSD is 10 years and static, and he's seeing a therapist regularly (or will be) there is very little that will risk him being lowered, unless his symptoms are not as severe as they need to be. He's only 70% 'schedular' right now. If he is re-evaluated and is raised and made scheduler, then not only is he raised, but he also has the right to work without risk to his rating. Using the bogeyman of "they might lower your rating....' is thrown around a lot, but its a possibility no matter what claim you file. In his case, he has as much or more to gain than lose unless his condition is really not as severe any more. In that case it SHOULD be lowered. VA is not always on the ball doing re-evaluations and there may be veterans out there that are cruising on a rating that their symptoms no longer support because they have improved. So be it, that's as it should be.

In my own case, even though the money I receive is a benefit, id rather be better enough to be able to hold down a 45,000 a year job again as an IT engineer rather than working 10-15 hrs a week shelving books for 9.00 an hour in a library because that's all I can handle.Voc Rehab even paid for the degree, years ago, so its even more demeaning to me.  If I was re-evaluated and found to be better off that's great. If I was re-evaluated and found to be 'better' when im not, then Id appeal right off and they can't reduce anyway until the appeal is adjudicated. If my conditions warrant the rating they already have, then I win. Part of what he is looking to gain, it sounds like, to me, is self -respect and being able to contribute. Right now unless he gets paid under the table, he's denied that. 

Edited May 28, 2019 by brokensoldier244th

[MarineLCpl]

4 hours ago, Ddsr said:

Never chance going for scheduler. Once you do that it opens everything up to be re-evaluated. I am told that usually a vet loses the TDIU. Not worth it. Here is a suggestion that i use. If you want to increase pay file for SMK. Sure it is only an extra 109 a month but it does not open you up for re-evals. Many vets make the mistake by going for scheduler only to lose the TDIU. If you have been TDIU for 10 years I would encourage to study hard on the facts. Many things come into factor to protect your TDIU such as age etc. etc. I would not worry about it and enjoy life.

Never heard of SMC’s. After looking into it, it seems I can file a claim for ED(would award smc-k). I definitely experience that and without a doubt, relate it to my current SC condition. Of course, if I file, that’ll ‘open me up for more evaluations,’ so not sure if that’s even worth pursuing according to your logic 

2 hours ago, brokensoldier244th said:

 

If you go schedular of course you would lose TDIU. As far as SMC's he may be going for SMC S, which is considerably more than 109 a month. Any claim opens up all claims for re-eval, because under duty to assist they have to look at the most advantageous claim. If his medical history for PTSD is 10 years and static, and he's seeing a therapist regularly (or will be) there is very little that will risk him being lowered, unless his symptoms are not as severe as they need to be. He's only 70% 'schedular' right now. If he is re-evaluated and is raised and made scheduler, then not only is he raised, but he also has the right to work without risk to his rating. Using the bogeyman of "they might lower your rating....' is thrown around a lot, but its a possibility no matter what claim you file. In his case, he has as much or more to gain than lose unless his condition is really not as severe any more. In that case it SHOULD be lowered. VA is not always on the ball doing re-evaluations and there may be veterans out there that are cruising on a rating that their symptoms no longer support because they have improved. So be it, that's as it should be.

In my own case, even though the money I receive is a benefit, id rather be better enough to be able to hold down a 45,000 a year job again as an IT engineer rather than working 10-15 hrs a week shelving books for 9.00 an hour in a library because that's all I can handle.Voc Rehab even paid for the degree, years ago, so its even more demeaning to me.  If I was re-evaluated and found to be better off that's great. If I was re-evaluated and found to be 'better' when im not, then Id appeal right off and they can't reduce anyway until the appeal is adjudicated. If my conditions warrant the rating they already have, then I win. Part of what he is looking to gain, it sounds like, to me, is self -respect and being able to contribute. Right now unless he gets paid under the table, he's denied that. 

You really nailed that last part. From 2011-2016, I earned a bachelor’s degree from a reputable school. A cumulative GPA of 3.81 over the course of five years. After graduation, I had a anxiety attack directly after my first interview(over Skype nonetheless). It was very clear to me that I was not fit to join the workforce at that time. I felt like crap because I let my voc rehab rep down. I thought being educated would give me the confidence I needed to get my life back on track. Since then, I’ve only dabbled within my craft, knowing that I’ll be unable to take on most clients.

Anyone I decide to work with has to be very lax, without aggressive tendencies. Someone who doesn’t critique on such a critical level, doesn’t get angry, etc. If you know anything about the music industry, it’s not the friendliest place. This leads to me only working with a handful of people a year by default. Because I’m confident I can perform at the level they’re expecting, I’m able to chip away through the workload(at my own pace, of course). I take much longer to achieve tasks than most engineers I know. But this allows me to feel useful, like I’m doing something besides the usual wallow in my misery thing. 

Sadly, I don’t have much hope for my future self. It really sucks and it’s hard to admit. But I refuse to just roll over and do jack shit all day. Some may say that my type of work can be done without charging, and they would be right. But that sort of thing rarely leads to anything meaningful, nor does it hold the level of respect I seek. Heck, simply being able to truthfully say I work would be huge. 

I get why the system is in place, just think it’s rules and regs could be improved to cater to a more complex circumstance than how it’s currently written. But what do i know..

[brokensoldier244th]

Well, not the industry per se, but my first almost bachelor's pre enlistment was as a vocal music major under scholarship for classical and baroque voice and stage performance. I dropped out before my senior year when my mom got colon cancer and, moved the family back to my hick town and was working at a Walmart with people that I'd gone to high school with that never left. That wasn't paying enough to cover two households so I had mom made my dependent and much to the disappointment of my step dad (separated from my mom pre cancer) enlisted. He was force recon in Vietnam, and later reupped as a cab scout in the army, and figured he'd done enough service time for all of us, and I was supposed to be the one that went to college. Later I got out when I was inured and Voc rehabbed into an IT degree.

Edited May 29, 2019 by brokensoldier244th