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VA status changed from TDIU P&T to Schedular P&T

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foreveryoung

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9 minutes ago, Richard1954 said:

Congress to update laws

that's the problem. It could be double edged sword for many veterans.

For example you mention COPD. In an update to 2019 options, Congress might just give you an Oxygen tank and mask and say "get a job". Those little portable oxygen concentrators are cheap and almost anyone can carry one.

folks with excruciating back pain that cannot sit, stand or lay for long periods might be given standing desks and an inversion board and told to "deal with it".

Congress might remove the ability to pay TDIU or pay it at a lower rate. They might decide that PTSD doesn't deserve compensation or that A&A is not something Congress wants to continue to allow. Or they might say the DIC and Dependents Education benefits are no longer viable.

The ability to work at home, online or independently selling over the phone changes a lot of the dynamics of employment and employability.

It is very similar to the situation where veterans were hoping that SCOTUS would overturn the Chevron Defense in a case brought by a veteran.

It sounds good until you realize that the end result would be every rule a Federal Agency made would have to become a law voted on by Congress and then could be challenged piecemeal at a dozen layers of Courts.

While bad for that veteran and those that wanted him to win, SCOTUS upheld the Chevron Defense and said that relying on the Department that wrote the rules to be the expert on those rules requires deference to the Departments opinion of how the rules are applied.

All of us need to take care in what we wish for, often when we get those wishes fulfilled, the results are not what we expected.

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17 hours ago, kanewnut said:

I guess if Stephen Hawking can do what he did in his condition almost no one is unemployable, except for intelligence.

I respectfully disagree kanewnut.  There are many reasons other than intelligence that can prevent someone from working.  Usually it is pain, not only does it make it hard to do daily activities it can actually affect the veterans intelligence in a bad way.  Others could possibly work in a sedimentary job but they are not cut out for it.  PTSD can warp a veteran in such a way that the veteran cannot function well in an office environment.  Companies that give personality tests prior to employment can weed veterans with PTSD out.  I am not aware of all of the reasons a veteran cannot work but these two are high on the list.

I myself am on UI.  I combine pain and PTSD, my work performance went from highly valued to a reduction in job rank and unacceptable performance before I was medically declared unfit.

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44 minutes ago, vetquest said:

I myself am on UI.  I combine pain and PTSD, my work performance went from highly valued to a reduction in job rank and unacceptable performance before I was medically declared unfit. 

@vetquest

Your situation is just one of the examples that show that if Congress decides to update 38 CFR to reflect 2019 work opportunities might just screw a lot of veterans. I don't know your age but you might be grandfathered, but other vets could get hosed big time.

A portion of Congress is keen on privatizing the VA and "reducing the costs" we  Veterans represent to the government. These are typically the ones who claim to be "small government" proponents, yet if you look at their records they are only for small government when it involves cutting assistance to poor people and veterans.

If it happened they gain control again, one thing we could see is an update to 38 CFR that MIGHT include veterans like yourself being told to get a job working from home. This might be done without consideration of exactly what work you are trained for, and what jobs are available for your skill sets.

I don't trust the highly partisan politicians on either end of the spectrum. Both are dangerous to Veterans and our society in general.  I for one will be very anxious if those "small government" types gain more power.

 

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If the veteran was rated at 100% T& P for 10 years prior to death then the spouse is entitled to DIC.  I they are 100 T & P for 10 years and die from a service connected disability they will bet a little more than just the base rate.  If the veteran is retired from the military and paid into SBP then things get a little complicated.  The least amount the spouse will get is the total of the DIC and $318 from the military for "special compensation" if the DIC is more than the SBP benefit.  if the SBP is more than the DIC then they will get the DIC plus what ever amount that is left after subtracting the DIC from the SBP.  Sucks but there it is.  We pay and then we get screwed.  I know this because my husband was retired with 100% disability in 1982.  He paid into SBP because he had a brain tumor while in the army.  He was 29 years old so we were never able to get life insurance on him.  So the SBP and DIC were suppose to be the insurance for me after he passed.  Well, I only get the DIC and $318 from the military because the SBP is less than the DIC.  So basically I get $1599 from DIC and $318 from the army.  Since my husband's sc disabilities were so severe he was receiving nearly $8000 a month from the VA.  You can see where this has left me.  Struggling to make ends meet.  But all military spouses have the same or similar issues.  There have been some protests and discussions about eliminating the DIC offset so that the surviving spouses can receive everything that they should be entitled to but with the way Congress is working right now, I don't see any meaningful legislation being passed.  They are too concerned with investigations instead of the business of running the country.

 

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On 6/12/2019 at 8:09 AM, foreveryoung said:

Buck52

 

Thanks for the reply. I do use e benefits, but I don't see anything marked EOB in the search area. It does state on VA letter head e benefits allows you print that I'm still P&T and no future exams. I see nothing about TDIU, just 100%. When I was first rated TDIU, I was rated at 90%. After my last award of 50% it changed to 100%.

 

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