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100%TDIU made T&P but...

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AJ's Pain

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I’ve  been here for several years, rarely post but always lurk to see if I can ever offer any help. 5 years ago I was placed at 80% Scheduler and TDIU. Last month I was scheduled for a Comp and Pen re-evaluation and I had this appointment this Past Monday. It Lasted about 40 min, she was kind and understanding. I was still afraid the VA was going to lower my rating even though I’ve been terribly ill for 5 years.

Two days later my VSO called and said my rating is now Total and Permanent and my official letter and package would be in the mail on Friday. 2 days for a decision on T&P?! I’ve never seen the VA move that fast. 

My question is: is it worth it to try now to get my rating to 100% Scheduler or just leave it as is, because I am paid at the 100% rate and it’s now T&P. I think I should just leave it, stop worrying over this stuff and live my life of Drs, specialists and hospitals. Because that’s mostly what my life is. I just turned 40 last month and 10 months ago SSDI approved my social security disability. So this rating is bittersweet. On the one hand my family and I are taken care of, on the other....I will never work again.

Thank you for any advice and I hope this question is in the correct forum. 

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  • HadIt.com Elder

Hi AJ. Congrats! That is super; and SSI as well. Supper again! Sometimes offering advise  here is kinda cookie-cutter. Facts are x, answer should be Y. Sometimes, not so much. Sometimes these decisions are really hard because we don't know how well your personality can take the stress a recommendation will result in for the veteran. I'm thinking let it ride; stay on TDIU. You have been on this road for 5 years; just had a review that bumps you to 100% and, unless things really better for you you will be on this road for a while. Sure, they will require other C&P's; so what. Do you really expect marked improvement soon? Let it ride. When you are 50 or better and have a C&P, go and ask the examiner what he/she things your prospects for improvement are. If he says, status quo, ask him/her to please put his opinion in his notes. You certainly want to do this if you go to age 55 or more. Relax and enjoy your good fortune; you have earned it. IMO

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Thank you for your reply. The letter states no more reviews, 100% TDIU Total and Permanent. So I’m not sure if I will be called for more comp and pen evals. Since I’m paid at the 100% rate and with the T&P I get the same benefits I think I’m just going to leave it be. Nothing really changes, my pay is the same but my VSO says my wife, whom is my caregiver, now qualifies for health insurance and my daughters can use Ch 35(I think) for college. So these are good things.

thank you again!

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Nahhhh, not a Packer fan😂🤣 I thank you for your time and advice. Oh, and I sure I hope I make it to 50+😳 but then again the VA makes care difficult on a good day. But that’s a different post for a different forum. Have a great day☺️

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I wanted to comment as a scenario response to and a question myself. I am

"entitled to disability compensation at the 100 percent rate due to service-connected disability(ies). This total disability is considered permanent. You are not scheduled for future examinations."

I was awarded this almost shy of 5 years ago and it was based on a combination of 10's and a 50- They bumped me up because i think' i was homeless had letters from Voc Rehab and HUDVASH that i was unemployable due to mostly my migraines. I was able to get a place for me and my Son and finally put past all the chaos like medical and housing which was hard to deal with as i had a child in need.

I also had a old claim started before approved TDIU and even though my POA told me to withdrawal old claim for OSA and sinus "or ill shake up my claims and put tdiu at risk" i just let it go through appeals and i was just recently awarded backpay. It moved me from a combined 70TDIU to a 90TDIU. I was then told that if i had any disabilities old or new that i thought would put me at a combined 100 that i should apply so i did. I only applied for "PTSD" which i had been treated for years and having a VA doctor connect it to inservice, so i felt confident to go this route.

A week goes by and instead of noticing the entry of "new claim for Ptsd" in VA.Gov i notice:

  • Post Traumatic Stress Disorder (PTSD) Combat - Mental Disorders (New)
  • TBI (New)
  • fractured jaw/teeth (Increase)
  • broke and rearranged nose (New)
  • tension headaches (previously denied as headache due to concussion and head injury) (Increase)                        

And i go apeshi... this happened on a Thursday and i called my POA however was not able to get a hold of them till today. And in the meantime i had a barrage of qtc contractor appointments scheduled before that weekend "5 of them"

When i finally go a hold of my POA i talked with the same person who told me to withdraw my old appeal i had started before i was awarded TDIU. And they told me this...  They don't know why the VA put in a increase for all the other claims that show's i did not apply for (and they verified this) concluding that they are puzzled. The put me on hold and had to call me back indicating they were going to call 937 or some number which i think is inhouse slang for a regional VA office. My POA informed me that they tried to have the VA pull the plug on the mishap however told me that they could not.

This Same POA told me " you see we tell Veterans not to get greedy " You already have TDIU ' you would have received treatment for any condition but you started the TRAIN and now you can't stop it" WHY do the POA talk to Veterans like that .. so so demeaning in my opinion " and i tried to avoid this particular POA because i found 1 in there office that is very on point and nice and thought i was going to get him again.

Anyway the POA did tell me that who ever received my request for new claim read my notes i put in the new claim area comments for example, On delployment during a situation i fell 9 feet to my face, broke or fractured jaw, concussion and blacked out. ( The POA explained that the VA generated a new claim for what they thought should be done per my comments) So interesting odd, i replied why would they also put in for a increase for headaches when the maximum is 50% and i have that' the POA said, maybe they will try and reduce the rating (Like so much negative not positive help here)

 

Anyway' i went to my first appointment for (NEW) claim that i didn't select or start and i think it went well.

I'm not concern about the real situation at hand which amounts to ... my disabilities have also gotten worse and it's notated. The VA doctors have also filled out reports like medical summary reports and DBQ that indicate "no expectations to get better" would miss more that 8 days a month if i worked and be of task 80% of the day if i did work.

My concern is for my SON and his medical issues as well as my service DOG and his medical treatment, everyone get medical assistance covered and if i loose TDIU, i will be reduced to a mere miserable situation.

Hope this helps anyone and i hope anyone helps me with a rep

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I’m not sure your level of cognitive ability but as for me I was pissed when I was rated 90% P and T. One was my sTBI month long coma so I filed a DRO review which she also saw the mistake and rushed my appeal to the board and it was granted after two months.  But barring a huge mistake why poke the bear....

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