Keep fighting even after TDIU???

[LanceJoseph]

Good Day Everyone, 

My situation is this, in Jan 2018 the BVA made a decision and granted me TDIU, and SMC-S, along with that there was an increase of two service connected claims to 10% Left and Right knee patellofemoral syndrome and a denial for increase of a service connected lower back pain claim.  I was told by many not to rock the boat but the decision the BVA made 12/1/17 were based on a four year old C&P exam in 2013 and my range of motion both flexion and extension have greatly worsened in my knees and my back pain has become almost a daily battle of getting my body to agree to what I would like to get done.  My ultimate goal is to return to work, as I am a young guy that is currently working with Voc Rehab and my other practitioners to get me to that point. My question is should I keep fighting or just shut up? 

[GeekySquid]

1 hour ago, LanceJoseph said:

I guess my biggest question is whether or not its worth sending in a supplemental claim without new information? I

only you can decide "worth".

You have to  perform a self evaluation and some self reflection to clearly identify if your condition is indeed worse.

IF you make that evaluation then you can make the right decision for YOU.

As for going to treatment and the VA "looking at appointments"

What matters is what is recorded in those appointments, not necessarily the quantity of appointments.

Further based on your claim of the amount of time it takes to get an appt, i would consider asking for access to a civilian provider through the Choice program.

As for evidence. We all need evidence to prove our claim or claim to increase.

now to be clear according to your original post you are TDIU and SMC(s).

That means you get paid 100% plus any adjustment for dependents AND about 350 more a month.

You have to decide if that money plus the opportunity to be able to legally earn about 12k annually (poverty wages are all you can earn on TDIU) for the rest of your life.

Or you decide that your condition has gotten worse and then evaluate your existing conditions to see if getting bumped to 100% Schedular and mooting IU will affect your SMC(s) grant.

Even if it will, can whatever career you are training for pay more than what TDIU+SMC+12K comes too.

You have to factor in how annoying it will be for years on years on years to have the VA peaking into your finances.

None of us can tell you which way to go. But I can do math and it is plain to me to see which way I would go and losing 350 a month to earn 2, 4,5, or 10K a month is a better choice. Further by being able to work you contribute to your SS for when you finally retire.

You need 40 quarters of wages to earn SS. You say you are young, so I am betting you have not worked 40 quarters of decent wages. Remember SS is paid as a percentage of your highest incomes averaged over time (the formula is much more complicated than that) paid monthly at retirement age.

No insult intended, but I do hope you can do that math for yourself and come to the best decision for you.

 

[GBArmy]

Geeky gave the best explanation of TDIU, SMC's, and the options you probably will ever see.. Save it and use it to explore further on what you can or will do. And as Shrek said you really have to look into the future. You are a young veteran but someday, some new secondary conditions are more than likely going to show up. Put in the disability claims as they come up. If you earned compensation for a disability go and get it; you already have paid for it.

[GeekySquid]

1 minute ago, GBArmy said:

Put in the disability claims as they come up. If you earned compensation for a disability go and get it; you already have paid for it.

Ding Ding Ding Ding! We have a winner!!!

[LanceJoseph]

Quote

 

Thank you all for your input! I have a lot to think about regarding my situation. Being that I want to return to the workforce, I feel so limited by IU in itself. I think that is what is pushing me to continue on.Thanks again for all the advice! 

[GeekySquid]

1 minute ago, LanceJoseph said:

Thank you all for your input!

For myself I will say we are here to support you and inform you. You must make those choices and do a lot of the heavy research yourself.

We wish you well and that whatever choice you make you continue to come here and share you experiences, ask your questions and someday answer question newer veterans have.

Remember we were all where you are at some point in time.

please keep us informed of how things go.

[Buck52]

Veterans have the right to file on any claim condition  or a disease or Injury  they think  occurred or  was caused while in the military .

There is no limit on what or how many claims/conditions a veteran has   this is his choice to file these claims   

IF YOU HAVE PROBATIVE EVIDENCE IN YOUR FAVOR   HELL YES FILE  THAT CLAIM/CLAIMS.