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

[Punisher]

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.

[Punisher]

Thanks to everyone for the responses!  I REALLY appreciate it.

Based on feedback and what I recently found in the VA Benefits Summary Letter on eBenefits, stating I now have a 100% P&T rating, I definitely do not want to mess with it or pursue that IU/TDIU application. (for several reasons)  I do, however, want the PTSD decision to be finalized as well as the RFE for my already connected TBI that was moved over to my PTSD claim from the other set of RFE claims submitted by the VA, which is now complete.

So, does anyone have recommendations on how to handle having the VA cancel or remove the claim/application for the IU/TDIU without it somehow reflecting negatively on me or disturbing the rest of the claim?  Would it be as easy, possibly, as calling the VA's 1-800 # and requesting that over the phone?  This is now my most critical piece to solve.

Thanks again! 

[pacmanx1]

The VA cannot force a veteran to file a claim. It may take a little longer but if you don't file the IU/TDIU from then VA will not process the claim. Your deadline or suspense date is 7/31/2020 is not far off and after that date, VA should process the rest of your claims. 

[broncovet]

You dont have to do anything.  (recomended).  The VA doesnt award 100 percent and tdiu at the same time, its considered moot.  Relax.  You are getting yourself worked up over nothing.  Its probably going to be denied as "moot". 

"Unless you filled in and filed a 21-8940, your claim for tdiu will be denied.  They have to send you one of these if you meet the applicable criteria.  

After March, 2015, you have to file for benefits using the applicable form.  No more filing for them on a 21-4138 or a napkin.  They deny them all the time for Vets not filling in the applicable form.  

Edited July 8, 2020 by broncovet

[Punisher]

broncovet, so you're saying to just blow them off?  That just doesn't "feel" like the right strategy--at least with anything else I've dealt with when it comes to the Federal Govt.  I know you've got more experience in this department, but still...  I think my biggest concern here is that it appears to be attached now to my PTSD and TBI review claims, so I just don't want to risk anything being denied or reduced with those if I merely blow them off without at least contacting them, explaining my circumstances/case, and requesting for them to cancel just that piece of the claim, letting them know explicitly that I do not desire to apply for the IU/TDIU.

No?

I do value your input and appreciate the response.

[Carl the Engineer]

Check your disabilities on Ebenifits, as in the Disabilities tab at the left of the main page.  Then at the bottom, see if they show any "pending" disabilities or claims.  It may have resolved itself with the 100% P&T.

I would not be as worried about the IU forms as much as I would be about a C&P exam.  Keep checking the calendar and watch the mail.

Never, ever, miss a C&P exam,

Hamslice

 

[Punisher]

15 hours ago, Hamslice said:

Check your disabilities on Ebenifits, as in the Disabilities tab at the left of the main page.  Then at the bottom, see if they show any "pending" disabilities or claims.  It may have resolved itself with the 100% P&T.

Those slowly showed up, one at a time as pending (PTSD, TBI, IU).  The PTSD also is now listed at the bottom of the actual full list of my disabilities, but only says "Deferred."

I received 2 letters from the VA yesterday, but they were both for the pending claim, even though the decision on the closed claim was supposedly mailed a few days earlier.  I reached out to the Regional DAV, since they'd be able to see what's going on, and here is their response:

"VA Rating Decision dated 06/30/2020 granted you 100% permanent and total (P&T) effective 06/23/2020, effective the date of the migraine examination because this brought your overall rating to 100% without the TBI and Mental Health (MH) issues.

The VA is still going to work on those issues and resolve them as it would potentially give the 100% P&T and earlier effective date.  The TBI and MH has gone back to the examiner for clarification.  The VA has asked the examiner to try and separate the symptoms between the two conditions (TBI) and MH).  No matter the outcome you will maintain the 100% P&T status but the outcome could provide an earlier date of the 100% P&T."

That shed quite a bit of light on what's going, but whether or not they backdate the P&T, I don't see that making much difference as the timeline isn't very much and I was already at 100% Temp before.

I've also been checking my other disability percentages and they haven't changed on that eBenefits page yet (i.e., Migraines 50 --> 100%)

Thanks again for your response!