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

[Buck52]

brokensoldier244th

The only thing I don't understand is   if they would have rated him for 100% PTSD  and not the 70%  then he would not be having this problem being 100% ,

I am only guessing  that his PTSD Symptoms only showed the criteria for the 70% Rating.......the part I don't understand is if he goes for Increase on his 70% PTSD  the next higher rating is the 100%.

But if they gave him IU  he is being paid at the 100% rate but his rating is under the 100% scheduler....being he has the IU Rating and combined that rating to 80% combined  then he would need an additional   S.C. Condition Rated at 60% to reach the 100% scheduler.

secondary claim to his PTSD is the only way I know for him to reach that if he don't have another s.c. condition to file on.

[brokensoldier244th]

7 minutes ago, Buck52 said:

brokensoldier244th

The only thing I don't understand is   if they would have rated him for 100% PTSD  and not the 70%  then he would not be having this problem being 100% ,

I am only guessing  that his PTSD Symptoms only showed the criteria for the 70% Rating.......the part I don't understand is if he goes for Increase on his 70% PTSD  the next higher rating is the 100%.

But if they gave him IU  he is being paid at the 100% rate but his rating is under the 100% scheduler....being he has the IU Rating and combined that rating to 80% combined  then he would need an additional   S.C. Condition Rated at 60% to reach the 100% scheduler.

secondary claim to his PTSD is the only way I know for him to reach that if he don't have another s.c. condition to file on.

I won't argue with you on that at all. 'You' guys on TDIU are a whole separate animal to me with how ratings work. I was only a ghost TDIU in that I didnt even know I was that until I read my decision letter but in the same letter timeline at some point I was TDIU and then just changed to 100% schedular. It might have been because I had filed for TDIU first, and then during the claim period ended up unemployed and was still going to therapy, etc, so the new medical evidence that I kept feeding them through Ebenefits changed that. I don't know. 

[MarineLCpl]

1 hour ago, Buck52 said:

brokensoldier244th

The only thing I don't understand is   if they would have rated him for 100% PTSD  and not the 70%  then he would not be having this problem being 100% ,

I am only guessing  that his PTSD Symptoms only showed the criteria for the 70% Rating.......the part I don't understand is if he goes for Increase on his 70% PTSD  the next higher rating is the 100%.

But if they gave him IU  he is being paid at the 100% rate but his rating is under the 100% scheduler....being he has the IU Rating and combined that rating to 80% combined  then he would need an additional   S.C. Condition Rated at 60% to reach the 100% scheduler.

secondary claim to his PTSD is the only way I know for him to reach that if he don't have another s.c. condition to file on.

My condition is considerably worse now than it was at my last evaluation, which was around 2014. Going by the book, shouldn’t I have another standard 5-year eval coming up? If so, I should probably express how the condition has worsened with time and how I feel it’s static at this point. 

My biggest concern is exactly what you’d expect...poking the bear so they say. The last thing I want is for them to think I’m gaming the system, which couldn’t be further from the truth. My life is only a fraction of what it was and my ambition is nowhere close. Speaking with the other gentleman, I expressed that I would most likely be content with doing home-based work that aim comfortable with to net me 5-10k a year if possible so that i can at least contribute to an IRA or some other type of retirement fund. I believe I would find great comfort in this knowing I’m protecting my future in a financial sense without the constant worry of my current benefit going away. 

But I’ve been advised that I’m taking a huge risk trying to gain income through work, even if it’s sheltered work in my home, at my own pace, within my comfort zone. Seeing as I’m only TDIU and not scheduler, performing this “work” from home worries me. But according to regs, I’m allowed to do this as long as it doesn’t exceed the fed poverty limit. And even if so, the work is still what I consider sheltered because I do not have the pressures of a normal, societal workplace. 

Many people advise that it isn’t even worth the risk of getting on their radar while on TDIU, but without me being able to contribute to retirement, I feel my fears will continue to linger, leading to a worsened condition in the long run. 

 

Edited May 24, 2019 by MarineLCpl
Spelling

[brokensoldier244th]

I dont think home working would be considered sheltered. Granted im not an employment lawyer, but I know that the term is usually reserved for an employer/employee relationship where extreme accommodations are afforded the sheltered employee, and they are held to a different standard compared to other employees. I don't know if home/self employment would be considered that under employment law. I also don't know that its ever been pushed or tested, either. You could talk to an employment lawyer about it, via a free consultation, and see what they say. Im not suggesting that law office below, its just a definition article about sheltered employment that I found. 

 

https://www.hillandponton.com/sheltered-employment-tdiu-benefits/ 

 

Incidentally, have you applied for SSDI? You can have both TDIU and SSDI at the same time. 

Edited May 24, 2019 by brokensoldier244th

[MarineLCpl]

1 hour ago, brokensoldier244th said:

I dont think home working would be considered sheltered. Granted im not an employment lawyer, but I know that the term is usually reserved for an employer/employee relationship where extreme accommodations are afforded the sheltered employee, and they are held to a different standard compared to other employees. I don't know if home/self employment would be considered that under employment law. I also don't know that its ever been pushed or tested, either. You could talk to an employment lawyer about it, via a free consultation, and see what they say. Im not suggesting that law office below, its just a definition article about sheltered employment that I found. 

 

https://www.hillandponton.com/sheltered-employment-tdiu-benefits/ 

 

Incidentally, have you applied for SSDI? You can have both TDIU and SSDI at the same time. 

It’s understandable that it may not be considered ‘sheltered’ by definition, but it’s definitely a special circumstance, imo, especially if your wages do not exceed the fed POV threshold. I think it may be best to reach out to an experienced VSO or an attorney who specializes in Va comp cases at this point. 

Theres got to be a way for me to contribute to a retirement fund aside from a savings account with subpar interest accruement. I did see that passive income could be used, but I’m not about to take a gamble with what i do have saved on some stocks that could go either way. 

I believe I’d have a good case against a reduction proposal if they really wanted to challenge my little 5-10k earned income ordeal. Wish I had the courage to test it, but without absolute guidance, I’m not so sure I want to risk it  

[Buck52]

If your getting IU AT 80%  YOUR NOT SUPPOSED TO BE WORKING AT ALL   THIS IS GIVEN TO VETERANS THAT DON'T MEET THE 100% SCHEDULER BUT THEY CAN'T WORK DUE TO THE DISABILITY RATED AT 70% OR IN YOUR CASE COMBINED DISABILITY'S AT 80%  YOU WOULD BE OK FOR A YEAR OR SO UNTIL THE VA CHECK WITH SSA/IRS...THEN YOU PROBABLE WOULD BE REDUCED.

  YOUR PLAYING WITH FIRE IF YOU DO ANY TYPE WORK THAT PRODUCES REPORTED INCOME.  WITH A COMBINED RATING AT 80% AND GETTING IU  PAID AT THE 100% RATE.

They do have exceptions for this SHELTERED INCOME OR WORK ON A FAMILY FARM...  but only in special circumstance...if you get a VSO and he/she tells you you can work   ask for the Regulations on that  and then decide for yourself.

 

Sorry for the Caps   just now noticed it............

Edited May 25, 2019 by Buck52