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]

2 hours ago, vetquest said:

Really good advice from Buck52.  I am 100% scheduler and IU and will not try to work even below the poverty threshold because they might then look at this as proof I can work.  It took ten years to get IU and I do not want to lose it over several thousand dollars a year.

I fully understand the reasoning behind that, but aren’t you worried about retirement? Or would you be comfortable surviving on your 100% benefit alone. 

Now you may have a spouse that can contribute to a retirement fund such as a Roth IRA, but I cannot count on this. If I contributed 200k to an IRA over the course of 35 years, I would have around 600k I believe. But I can’t contribute, so the only option i have at the moment is a traditional savings account that earns a few bucks a month...big difference obviously. 

Im just trying to gather the best plan of action here. After reading all the information given, I’m starting to think that I should ask for P&T status first. For some reason, I feel I would receive less hassle if I started earning 5k a year from home as P&T versus if I continued on TDIU alone. My issues have been present for 10 years, static the entire time. If I were granted P&T, there’s still a chance I’ll get flagged if I report income, but I feel that having the opportunity to explain the reasoning and circumstance, any sane person should understand. If they don’t agree, I’d lawyer up, I guess. 

 

Buck, 

If I understand you correctly, you’re saying that I could work on TDIU, but only on a marginal platform, or sheltered. I get this part, and how you see it as a risk. I’d pretty much be taking the same risk if I were granted P&T, but at least I’d have documentation concurring the static nature of my condition. I feel this would work in my favor if they challenged me. And even beyond that, having a lawyer break down the operation and circumstance will surely paint a clear picture that what I’m doing is NOT “substantially gainful employment.”

 

I suppose another thing to worry about is filing for P&T in the first place. This puts me on the radar and if I know the VA, they’ll use this as an excuse for more evaluations and possible reduction proposals 

 

Edited May 26, 2019 by MarineLCpl

[brokensoldier244th]

Ultimately, if you can get rated scheduler, either at your current rating (granted that would affect your total comp) or get increased, you could work as much or as little as you were able. If your conditions are static like you have said, then you have a lot less to worry about than, say, me, earlier in my post military filings when I had only been rated for a year or three. As I got on longer since 2002 when I discharged I felt there was less risk as I continued. I see the point of TDIU, but I really feel that its one of the more insidious ratings classifications that VA has. Here's 100% comp, now go away. Oh, by the way, here are all the restrictions and worries that go with it. I see your point, I really do. I don't know what to say, other than I empathize with you and you and several others in similar situations are in my thoughts alot as Im on this board and another one. 

Now, as for that sleep study. My wife recorded me on her phone a few times at night while she was poking me to start breathing again, and those recordings were time stamped. We used those with my PCP to get approval for a sleep study- there wasn't much of a challenge there, we just wanted to have evidence of it. As you said, you are asleep- you don't know what you are doing while you sleep. If you have a lot of daytime exhaustion and nodding off/having to nap, etc, thats a pretty good indication that something is off. Especially if you are sleeping regular hours and aren't suffering from night terrors or extreme insomnia or something related to your PTSD. Maybe  you can have a friend come over, bring a few books or Game of Thrones or something, and have them sit in your room while you sleep? I know it will be weird at first, and maybe will need a few dry runs to ease your anxiety, but I feel that the combination of the recordings and my layperson observations about how I felt at work at the time, lack of concentration, sleeping at my keyboard, etc, really helped. Once you get a CPAP, it will take a few weeks to get used to it, and there are all sorts of different masks and stuff you can try. The good thing is that a CPAP costs like a thousand bucks, and you wont have to pay for it, or the tubes/masks. It will help you sleep better, and it will lower your blood pressure and increase your O2 while you sleep (when you stop breathing in your sleep your O2 drops- a lot of undiagnosed apneacs die in their sleep because their O2 just drops too low one night and they just drift off). I had an older lady coworker that had noticed for months that I was dragging, and it reminded her of her husband and she rode my ass hard to get a sleep study done. I kept pushing her off because I was about your age at the time and it sounded like an 'old guy problem'. Once I was diagnosed my sleep study showed that I stopped breathing like 80 times an hour in my sleep. If you can get the study done, and a CPAP DO IT. Worry about service connection later. Right now worry about not dying. 

Once you get that squared away, that 50% if  you can get it approved will go a long way towards getting you to 100% schedular. 

[vetquest]

If you get 100% scheduler you can make any income you want.  I do not know your age and your full disability picture so it might be hard for me to relate.  I went on IU because I was working and found I could no longer work.  I was released from my job when my doctor filed a report on my condition, I was possibly looking at getting fired anyway due to lack of ability to continue at my job at a satisfactory performance.  I had gone on family leave and when I was supposed to come off of family leave I just could not do it.  I now have two grandchildren that we are raising so I understand monetary commitments.

[Buck52]

Vetquest

you may want to check with the VA about adding your grandchildren as your dependents   as they will get benefits also.

and your comp will increase. but I think you have to show legal guardian ship or that you legally adopted them as your own...I am not sure,  but  the dependent thing I am fairly sure you can get that...every little bit helps my friend.

some of the elder members like Ms Berta ot Ms T bird may know?

[vetquest]

Thanks Buck52, I will check into it, I have guardianship.

[MarineLCpl]

After reviewing all the information I’ve been provided, I think I’ll proceed with this plan of action. If something sounds off, please let me know  

 

since my condition has been static for 10 years, I’m going to file for P&T first. But before I do, I would like to do a few things that I believe will help my case. 

1. Start attending mental health counseling sessions again. I’ve done this several times before, and while it was nice having someone to vent to, I saw no change in my daily life. I’m willing to give it another try to see if anything improves. If not, I’m assuming the notes taken about me will be useful in a P&T case. 

2. Reach out to a civilian mental health doctor to evaluate me. Reading some other posts, things such as a letter from a private doc could help paint a clear picture of my current state of well-being. 

3. Write my own statement describing my thoughts and feelings about my condition and how it’s affected me in all walks of life. Not sure if my opinion will matter much compared to that of a doctor, but couldn’t hurt, I guess. 

3. After a few months of counseling, if nothing improves, apply for the P&T status.

 

The only thing I’m unsure about is whether or not to file for an increase on the PTSD, which is currently rated at 70%. Do I wait until if and when I’m granted P&T status or do this beforehand to support a stronger case for P&T? Or if I pursue an increase to 100%, would I fall under scheduler status then and not have to even worry about the earned income?

All in all, I hope to reach a point where I’m not looked down upon for trying to pursue a means to a retirement fund. My issues are static and while I’m prepared to live the rest of my life plagued by them, imho, having a greater sense of security can only benefit my state of being. I thank everyone who has chimed in to assist me on this. I’ve received nothing short of kindness on this board and for that I am grateful. 

 

Edited May 26, 2019 by MarineLCpl