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Punisher

PTSD Claim Deferred, IU submitted by VA Despite Already at 100% Schedular

Question

I need some guidance or suggestions from the experts.

I am currently at 100% schedular (temporary, not P&T). My higher Service connections are:

  • Dermatitis with Psoriasis (also claimed as psoriasis guttate, eczema/dermatitis)    = 60%
  • Migraine including migraine variants - also claimed as decreased concentration    = 50%
  • Residuals of traumatic brain injury (TBI)    = 40%
  • Insomnia disorder - also claimed as sleep disorder and insomnia    10%
  • and a dozen other 10% ratings for tinnitus, arthritis, degenerative disc/joint disease/lumbar spine, and as well as injuries to every joint.

I submitted a PTSD claim and it was moving right along and I'd already completed all C&P exams for it as well as the ones for another set of RFE claims the VA submitted for three other conditions (Migraines, TBI, Insomnia) that are still temporary ratings.

Now, two of the three RFE claims show as complete and the VA website says they sent a letter; however, one of the conditions (TBI) got moved over to my PTSD claim and the status went from the exams being complete and in the last phase or so, with a projected completion date sometime this month to December!  On top of that, the VA started a claim for "IU" on my behalf without asking me, so they also added the couple of VA forms required with the due date of 7/31/2020.

The IU part might not sound bad, but I was already 100% (temporary unfortunately) without the PTSD service connection and I believe I made a compelling case for at least 50% of that, if not 70% as I met most of that criteria.  So, I've always heard, read, seen in videos, and even been told directly that when someone is at 100%, albeit temporary, it's not wise to apply for TDIU since it pays the same AND the VA may then reduce other percentages.  Also, as you know, it can be easier for them to later remove the TDIU classification for technicalities.  Lastly, those forms are the worst part for me.  I DO NOT want to have to fill those out, especially the one you have to bring to your former employer.  My company was located off-base, so they never even observed my daily performance.  The military supervisors who were over me have since moved on as it's been over a year.  Finally, I usually burned up PTO to cover all the time away for appts and physical therapy, which they knew about, but as for PTSD issues I was going through, I sure as hell did not disclose to them as it was none of their business, super private, embarrassing, and I would have been worried about my security clearance!

The only thing about canceling the IU is that I don't want it to look like I AM capable of pursuing "gainful employment."  I would just definitely prefer to retain my 100%, which should be even stronger with a PTSD condition/connection added to my current list.

What is your take on all this?  Do you know if there's a way that I can have them close or remove the IU portion and the required forms?  Besides not wanting to apply for that or do the forms, I also do not want this to hold the rest of my claim(s) up or give them an easier way to assign lower percentages. 

Any help would be much appreciated.

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1 hour ago, Punisher said:

I need some guidance or suggestions from the experts.

I am currently at 100% schedular (temporary, not P&T). My higher Service connections are:

  • Dermatitis with Psoriasis (also claimed as psoriasis guttate, eczema/dermatitis)    = 60%
  • Migraine including migraine variants - also claimed as decreased concentration    = 50%
  • Residuals of traumatic brain injury (TBI)    = 40%
  • Insomnia disorder - also claimed as sleep disorder and insomnia    10%
  • and a dozen other 10% ratings for tinnitus, arthritis, degenerative disc/joint disease/lumbar spine, and as well as injuries to every joint.

I submitted a PTSD claim and it was moving right along and I'd already completed all C&P exams for it as well as the ones for another set of RFE claims the VA submitted for three other conditions (Migraines, TBI, Insomnia) that are still temporary ratings.

Now, two of the three RFE claims show as complete and the VA website says they sent a letter; however, one of the conditions (TBI) got moved over to my PTSD claim and the status went from the exams being complete and in the last phase or so, with a projected completion date sometime this month to December!  On top of that, the VA started a claim for "IU" on my behalf without asking me, so they also added the couple of VA forms required with the due date of 7/31/2020.

The IU part might not sound bad, but I was already 100% (temporary unfortunately) without the PTSD service connection and I believe I made a compelling case for at least 50% of that, if not 70% as I met most of that criteria.  So, I've always heard, read, seen in videos, and even been told directly that when someone is at 100%, albeit temporary, it's not wise to apply for TDIU since it pays the same AND the VA may then reduce other percentages.  Also, as you know, it can be easier for them to later remove the TDIU classification for technicalities.  Lastly, those forms are the worst part for me.  I DO NOT want to have to fill those out, especially the one you have to bring to your former employer.  My company was located off-base, so they never even observed my daily performance.  The military supervisors who were over me have since moved on as it's been over a year.  Finally, I usually burned up PTO to cover all the time away for appts and physical therapy, which they knew about, but as for PTSD issues I was going through, I sure as hell did not disclose to them as it was none of their business, super private, embarrassing, and I would have been worried about my security clearance!

The only thing about canceling the IU is that I don't want it to look like I AM capable of pursuing "gainful employment."  I would just definitely prefer to retain my 100%, which should be even stronger with a PTSD condition/connection added to my current list.

What is your take on all this?  Do you know if there's a way that I can have them close or remove the IU portion and the required forms?  Besides not wanting to apply for that or do the forms, I also do not want this to hold the rest of my claim(s) up or give them an easier way to assign lower percentages. 

Any help would be much appreciated.

 I am taking it that one of these is true for you, either prestabilization, hospitalization, and convalescence?

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1 minute ago, Ddsr said:

 I am taking it that one of these is true for you, either prestabilization, hospitalization, and convalescence?

It is very wise to apply for TDIU if you are only temporary scheduler 100%.

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Update to what I wrote earlier.

Although I've been at 100% temporary schedular for the last few years, and my claim for PTSD now show as "Deferred" with the RFE for the TBI moved into that claim, the RFE claim for Migraines and Insomnia shows as complete and letter sent on 6/30/2020.  I checked in the VA Letters page, then the VA Benefits Summary Letter, the one that includes whether or not someone is P&T, and it shows that I'm now 100% P&T as of 6/23/2020.  There is probably something in the letter they sent that explains the new change, though the clock is ticking for the forms they're requesting to be completed for the IU/TDIU.  If they've only finally determined my current disabilities to be P&T, without a decision on the PTSD, I wouldn't imagine more would hurt my case.

So, if all that is going on, it makes even less sense to me that they opened an IU/TDIU application on my behalf.  Again, I really do not believe I'll be able to complete the employer form, or at best, if I find someone to fill it out, they will not have knowledge of the crucial evidence.

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11 minutes ago, Punisher said:

Update to what I wrote earlier.

Although I've been at 100% temporary schedular for the last few years, and my claim for PTSD now show as "Deferred" with the RFE for the TBI moved into that claim, the RFE claim for Migraines and Insomnia shows as complete and letter sent on 6/30/2020.  I checked in the VA Letters page, then the VA Benefits Summary Letter, the one that includes whether or not someone is P&T, and it shows that I'm now 100% P&T as of 6/23/2020.  There is probably something in the letter they sent that explains the new change, though the clock is ticking for the forms they're requesting to be completed for the IU/TDIU.  If they've only finally determined my current disabilities to be P&T, without a decision on the PTSD, I wouldn't imagine more would hurt my case.

So, if all that is going on, it makes even less sense to me that they opened an IU/TDIU application on my behalf.  Again, I really do not believe I'll be able to complete the employer form, or at best, if I find someone to fill it out, they will not have knowledge of the crucial evidence.

Congratulations. I was going to suggest you look in the Letters section. That almost always updates first. Time to relax now and dont forget to apply for SSDI if you have not already. SSDI also allows your children to receive a monthly check themselves as well.

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Posted (edited)

Congratulations!

Wait for your decision letter, your rating packet should have a VA form 21-8760 in it proving you are P & T. Now for your PTSD claim, keep it open because it may change your effective date of VA granting you 100%  and you may still be owed retro pay from the effective date. As long as your symptoms are the same as when they were rated, VA cannot reduce your ratings.  You can file for SSDI but as a 100% scheduler veteran, you can legally work and make as much money as your disabilities allow.  Only TDIU veterans are limited in the income they can earn and in most cases, it is not worth the risk of a 100% TDIU veteran to work at all.  Now, don't get me wrong, Yes, they can work but IMHO(IN MY HUMBLE OPINION), it is not worth the risk.

Edited by pacmanx1
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