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.

[GBArmy]

Punisher Does it say your dependents are eligible for ed benefits per Chapter 35? Go to va.gov disability claims. It will say you have a decision and the letter is in the mail. Click on that claim and then scroll down to letters. Select and it will say more info about your ratings (sometimes.) I am unable to open up your attachments.

[pacmanx1]

As stated in a post earlier, normally when a veteran is granted P & T, she/he is given a VA Form 21-8760 in his/her packet. 

[broncovet]

I have withdrawn claims and regretted it each time.  I try never to say never, but, I would never withdraw a claim knowing what I know now.  

You may have thrown money away.  Here is why.  If you get awarded TDIU, AND you have an additional combined 60 percent (likely), you would get statuatory SMC S, for about another 347 per month.  

By withdrawal of your TDIU, out of "fear of reduction", you may have cost yourself 347 per month.  

If I were in your shoes, I would send the VA a 21-4138 telling them the withdrawal of tdiu was made in error, and you wish to continue persuit of tdiu.  You can admit it was your error.  

The VA doesnt reduce you when you apply for an increase!  That is a myth!  The VA reduces you "when you meet the criteria" which, in a nutshell, means you had "actual improvement under ordinary conditions of life".  

If you have gotten better since your c and p exam which awarded benefits, THEN you could be reduced.  This is unlikely.   The VA has to jump through all these hoops to reduce you, unless sometimes they try to reduce you anyway, and you fail to do anything about the proposed reduction.

https://www.law.cornell.edu/cfr/text/38/3.344

The VA will often try to get away with violating regulations, (to hurt you)  but you dont have to let them do that!  

 

[Punisher]

On 8/31/2020 at 12:17 PM, GBArmy said:

Punisher Does it say your dependents are eligible for ed benefits per Chapter 35? Go to va.gov disability claims. It will say you have a decision and the letter is in the mail. Click on that claim and then scroll down to letters. Select and it will say more info about your ratings (sometimes.) I am unable to open up your attachments.

I just saw this....

The first letter that came, stating that nearly everything was deferred, including PTSD, added that and referenced a specific C&P exam.  The DAV never helped me with any of my claims package, but when I reached out to them about this, they said it was because of my migraines, which was the only decision in that first letter.  They also pointed to the ref'd date.  So naturally, I believed that until I looked it up in my calendar and saw it was a TBI/PTSD C&P (deferred by that letter).  That's what also made me nervous since it was using an exam that wasn't approved. The migraine decision was simply to continue it (50%).

Question to all:

When someone receives a 100% P&T rating decision (schedular), does that apply to every condition/disability or does it really just apply to whichever condition deemed you P&T?  Maybe that's a stupid question, but the VA does rate everything separately and just wondering how this plays out in the future.

[GBArmy]

If you are awarded a combined rating of 100%, P& T, it IS P & T. No further exams are scheduled. If you don't submit new claims, like for some SMC's, you have very little to worry about. That said, I would hope you continue with any ongoing treatments you might have, especially for MH conditions.