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]

17 minutes ago, Buck52 said:

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 ?

Buck, they didn’t take the IU rating away, but they did remove my 70% rating from Major depressive in favor of a 70% rated PTSD award. So the rating percentage hasn’t changed(it’s always been 80%, 70 + 10), but it seems major depressive was removed entirely for PTSD.

They kept my IU in place despite changing up the diagnosis.

In my opinion, the major depressive + anxiety(social impairment) is the basis of my condition, with PTSD being the cause of it. But they chose to change the award all together for reasons unknown. 

If they would have kept the major depressive award along with the new ptsd award, that would be two 70% awards, giving me 100% scheduler status I believe. To me, it almost seems like an attempt to keep me from reaching that. I’ve heard plenty of horror stories about trickery like this in order to avoid certain rating awards, etc..

Edited May 24, 2019 by MarineLCpl

[MarineLCpl]

6 minutes ago, broncovet said:

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):

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."  

The main thing for me when it comes to that ‘sense of security’ is being able to do some work(under my own circumstance) at my own level of tolerance/pace without the fear of losing my IU status. While I’m confident I could perform at a certain level as far as “work” goes, I’m not confident I’d make much in terms of income. Nor am i confident I could do it every day. I go through ups and downs, but my downs consist of very down times where symptoms could last for days or weeks. So far from being able to normally operate in terms of the ‘real’ workforce with a company. Obviously that sort of behavior would not be tolerable with an employer. But maybe I could make enough on my own, from home, in my secured space, to contribute to a retirement fund, which will help that ‘sense of security’. 

What bothers me is the VA misinterpreting this ‘work’ I speak of as me being ‘employable and taking my 100% IU rating. 

[Buck52]

Yes  this is right  because  you can't have two MH Ratings at the same time , but they are suppose to give you the one with the higher rating, since they both were 70%  they picked one for you.

you need to apply for increase on the PTSD 70% rating if it has got worse since your last rating?

     Then if you get another the 30%you need  that should send you to the 100% scheduler  BUT HOLD ON...> However that's not how they calculate VA Math  you would need the 30% increase on the PTSD and another S.C. CONDITION RATED AT 30% or Higher to meet the 100% scheduler..they do it this way to make it hard for a veteran to reach the 100% scheduler  when he is below the 100% rating  even with IU.

IF YOU HAVE SOME SECONDARY CONDITIONS  BRANCH OFF FORM YOUR PTSD (like sleep apnea))  then file for that   based off secondary condition caused by or related to your PTSD (Meds)

you can check at the MH CLINIC ask them to refrer you to the sleep clinic  if you have problems sleeping /snoring breathing stop breathing  ect,,ect,,   for a Sleep Apnea Study  and   likely as not they will diagnose you for Sleep Apnea  or OSA  and prescribe you a C-PAP     That is medically necessary to use for your health. 

 then file a claim for sleep apnea secondary to  your S.C. PTSD.

if awarded 30%increase on your PTSD & awarded the Sleep Apnea at   say 50%  (50% is usually auto for use of C-PAP Machine...this could not only beef you up to the 100% scheduler but good very well qualify you for SMC S H.B. on top of the 100% comp.

Edited May 24, 2019 by Buck52

[brokensoldier244th]

2 hours ago, MarineLCpl said:

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.

You don't really have to 'do' anything for that either, other than file a claim for it. Youve been TDIU for 10 yrs, so you're obviously relatively static. File a claim asking for a schedular rating rather than TDIU but make sure you have a few months of current MH evals to go with it so they can see that you haven't been 'cruising' on MH. If you leave it to them to schedule periodic re-evals they seem to take forever. Other than my evals with my PCP for pain and stuff yearly, I never, in several years, had a VA requested re-eval for MH. Granted that might be because I was actively in treatment and counseling for it over that period of time and had claims for increase periodically in the system, too. 

[brokensoldier244th]

9 minutes ago, Buck52 said:

Yes  this is right  because  you can't have two MH Ratings at the same time , but they are suppose to give you the one with the higher rating, since they both were 70%  they picked one for you.

you need to apply for increase on the PTSD 70% rating if it has got worse since your last rating?

     Then if you get another the 30%you need  that should send you to the 100% scheduler  BUT HOLD ON...> However that's not how they calculate VA Math  you would need the 30% increase on the PTSD and another S.C. CONDITION RATED AT 30% or Higher to meet the 100% scheduler..they do it this way to make it hard for a veteran to reach the 100% scheduler  when he is below the 100% rating  even with IU.

IF YOU HAVE SOME SECONDARY CONDITIONS  BRANCH OFF FORM YOUR PTSD (like sleep apnea))  then file for that   based off secondary condition caused by or related to your PTSD (Meds)

you can check at the MH CLINIC ask them to refrer you to the sleep clinic  if you have problems sleeping /snoring breathing stop breathing  ect,,ect,,   for a Sleep Apnea Study  and   likely as not they will diagnose you for Sleep Apnea  or OSA  and prescribe you a C-PAP     That is medically necessary to use for your health. 

 then file a claim for sleep apnea secondary to  your S.C. PTSD.

if awarded 30%increase on your PTSD & awarded the Sleep Apnea at   say 50%  (50% is usually auto for use of C-PAP Machine...this could not only beef you up to the 100% scheduler but good very well qualify you for SMC S H.B. on top of the 100% comp.

I would think (im not PTSD based MH, so im not an expert here) that the PTSD rating is more advantageous than a straight MH rating. Anecdotally, the PTSD guys I know seemed to have an easier time of it with increases over time once the initial claim was settled and they were rated as such. I had a bit of an uphill with some of my increases because up until 70% I was still working in an office environment with difficulty in an IT engineering/support position. I had a lot of problems and challenges with that, and my manager carved out a lot of bullshit for me so I could work from home on days when I couldn't deal with people. Most of my 'work' interaction with clients was half a world away or several states away via Skype or GoToMeeting anyway, or remote logging on to their server, so I could get a way with that. So long as I was actively logged on to the issue queue or working active cases he didnt care where I was. Most people are not so lucky. He was Canadian and transferred in as our manager from another area of the Engineering team- I like to think that had some influence on his philosophy of work life balance. 

As far as dating goes, etc, if it gets serious enough to start discussing money, keep in mind that your money is tax free, so that adds considerable 'weight' to it, vs regular income. I may have made 42,000 a  year working as an engineer in support, but in reality it was only around 34,000 or so after taxes, insurance, etc. My VA 'income' was almost that by itself. That tax free part makes your disability money worth more than its direct equivalent that a working person would make by several thousand dollars a year. 

[brokensoldier244th]

On 5/23/2019 at 12:03 PM, 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

 

They lumped it altogether that way because PTSD encompasses all of them in some aspect or another, while someone that is 70% MH may only have some of the same symptoms, that can change, evolve, get better or worse individually. From my understanding PTSD challenges you because you have pretty much all of them all the time in some way or another. Diagnostically its a way for an MH professional to know what they are dealing with off the bat vs me for example, where I have to explain all the different issues I have.