iu p&t I’m 70% And Temp 100% IU, Should I Fight to be Rated 100%?

[Snakes]

I’ll try to keep this as short as possible. About a year and a half ago I was awarded 70% total disabled rating for hearing loss, flexibility of wrist, and PTSD. They gave me IU bc my PTSD prevents me from being employed. I was also awarded Social Security after a long fight. Things have changed since then. I’ve been educating myself on how these things work and unfortunately I have found some new things out recently. My Dr. and I have talked and I have to go to the TBI clinic in my state and be evaluated. I had some minor head trauma recently and someone told me about TBI’s bc I displayed some of the symptoms after. Well not just some, over the years I’ve displayed like 70% of the symptoms. I didn’t even know what a TBI was until a couple weeks ago. I had some concussions while deployed. I had a missile blast, a fall from a tower that was about 20 ft off the ground, and a wreck. In short, I know from talking to ppl who’ve experienced it, they are going to diagnose me w TBI. I also believe it’s the root of a lot of my cognitive issues. I have a timeline of different times over the years I had trauma to the head, even when minor, that causes a list of symptoms. So this is what I’m wondering. Should I fight for my 100% P&T rating? I asked my local veterans affairs officer and she said I should not bc I am 100% through IU and I couldn’t get a better rating. She said she’s never seen anyone that is 100% IU get denied on their review. My social security was suppose to be temporary and I was suppose to get a review after a year. They must of lost me in the mix but I fear walking to the mailbox everyday and find a letter from them. Mostly bc I’m in such bad shape now. She scared me bc she said they could lower my rating and take away my IU. However, I believe what’s right is right. Just on my cognitive issues alone I should be rated 100% P&T. I’ve been diagnosed w/ PTSD, Generalized Anxiety, Panic Disorder, ADD, Major Depressive Disorder, and I take 5 different medications daily for my mental health. I don’t know what to do. Should I appeal the past decisions? They have been past a year now so is that a re-evaluation? Should I file these new TBIs I found out about? Oh I forgot, I also am having severe pain in my neck and back that I have never experienced before. Could be from these injuries. If I do win my 100% P&T and get better, can I earn a income that’s more than my SS monthly income? I would really like to know this bc that is my goal. To get better and feel like I’m being productive. I want to work I want to do something but I would also like something to fall back on bc in the past I just moved from one disaster to the next when it comes to work. I’ve read some other stories on here and understand the frustration. What should I do?  

[broncovet]

Probably.  Are you getting SMC S?  It sounds like you should be.  Statuatory SMC S is 100 percent (tdiu counts and you posted your tdiu is based on PTSD)  plus a combined 60 percent or better seperate and distinct.  That sounds like you qualify for SMC S which is about another 360 per month or so.  

Perhaps more importantly are you getting your free 10,000 life insurance?  You should, the first 10,000 is free.  That is whole life and builds up cash so dont even think of throwing that 10,000 dollars away.  

Now, lets talk about your spouse.  She can get dic if you pass and you either die of a SC condition OR you die of any condition 10 years or more after you are P and t.  Its around 1400 a month for her.  

As far as working, well you would be taking a chance, on losing tdiu and or social security may be taxed, "if" you earn more than the poverty level which varies with the number of dependents.  

[Snakes]

SMC S, what is this? And no I’m not getting life insurance, I’m 39 years old and I’m not married. I thought VA benefits were not taxed. I know I’ll prob lose the SS if I do work in the future. Honest at this point, working is just a pipe dream. That would be years down the road if it ever came to be. I just need to focus on getting healthy and go from there bc my health is in very bad shape right now. I just really don’t know if I should fight for the 100% P&T. A part of me wants to bc I believe I deserve it, I just don’t know the process, the risks, etc. Thank you and anyone else who answers, I really appreciate the help. 

[Buck52]

Snakes 

  I don't know what all your S.C. and rated for?

  but if you think any of those conditions have worsened   definitely file for increase on all if them, but remember filing for increase is also meaning your filing for the TDIU,

However if you have an increase in these conditions you have now  you possibly can be rating as a Final DEGREE  SCHEDULER 100% in your rating  and if your 100% scheduler rating you can work if you want to and still get the 100% 

 Also if you  have  a seperate condition and  its S.C. & rated 60% or above  then with your now rated 100%scheduler  and this new separate condition rated at 60%  then normally they infer the SMC it's a Special Monthly Compensation) <<< SMC  The VA gives the Veteran for more financial help  to help make his life a little better to  deal with ,hopefully less stress.

NOW, If they slap the TDIU ON YOU then your not suppose to be working  and if you do your only allowed to make so much or they may reduce that rating.

You can get the TDIU IF YOUR RATED UNDER THE 100%  IF YOUR  S.C. CONDITION CAUSES YOU NOT TO BE ABLE TO DO ANY TYPE WORK YOU WILL GET THE BENEFITS AS A 100%  DISABLED VETERAN BUT  BE UNDER THE SCHEDULER 100%  LIKE 70% 80%/90%  YOU WILL BE PAID AT THE 100%RATE BUT YOUR RATING WILL BE UNDER THE 100%   YOU ALSO GET ALL THE BENEFITS IF YOUR  TDIU.

[Snakes]

Thanks for answering, there’s a lot more to the story, basically yes my health has gotten worse and I’ve found new things I can file for as mentioned above, but about a year in a half ago I was doing a lot better, I was in a car wreck some years before that and I had a tumor removed from my ear about 3 years ago. it was basically brain surgery, they had to drill through my skull to try and save my hearing, in short through this 5 to 6 year period I became disabled, some of the worse years of my life, I think w me finding out about TBI’s I just needed time for my brain to heal during these events that happened, here’s the kicker, I had one of my best years about a year and a half ago, I was going to the psychiatrist and primary care doctor and telling them I was doing great, that the new medication mix I was on must’ve worked, i went from having panic attacks daily to a couple times a week, I tried over 20 medications through these years looking for a cure, I was on the verge of looking to go back to work, I didn’t care about anything else, I just was thankful I was happy finally, then it all came crashing down again, I had two hits to the head in the past 6 months, everything has been going to hell since, all my anxiety, panic attacks and everything that comes w it came back. But I found a whole list of symptoms that correspond w TBI. I went to physical therapy and they tested my reflexes. They were hyperactive, he knows I’m a veteran and asked if I had any concussions while in the military bc his brother had a couple. That’s when I started researching TBI’s, I have migraines, light sensitivity and a whole load of other symptoms. I’ve normalized some of them through the years. But it all makes sense now. All these symptoms come back when I have trauma to the head. Even if it’s something slight, my timeline through the years correspond w that. So that is what scares me. I did  say at one point I was doing better but things have drastically changed. I’ve chased all my friends away from me recently, my neck and back hurt so bad it brings me to tears. The migraines make me feel like throwing up yet as hard as it is I’m optimistic. I have to be. I’m pretty sure that the neck and back pain is from a pinched nerve. That can be fixed, I just gotta tough it out till it can be, I talked to the nurse today and my doctor is gonna get me to an ortho as soon as possible. All the other symptoms, yea it’s scary but I got through it before and I know the core reason for it now. I just need to heal and when I get to see the doctor they will hopefully have a way to help me do that sooner than it took in the past. I decided today I’m going to pursue my 100% rating. I’m going to gather all the evidence from my previous ratings and I’m gonna file when the new diagnoses come out. I probably need to wait a bit before doing this. I’m definitely going to go to my VA rep and find out about SMC S and the life insurance. What is SMC? I’ve never heard that one 

[GBArmy]

Snakes SMC=Special Monthly comp which is additional $ paid out in addition to your regular monthly rates, such as described by Buck52. You have to meet the criteria to get the extra comp, however. There is plenty of info available here and on the internet. Start here https://cck-law.com/blog/va-special-monthly-compensation-smc-rates-for-2020

[Buck52]

I AM NOT SO SURE  YOU CAN GET SERVICE CONNECTION FOR THE ''TBI'' IF THAT HAPPEN  AFTER YOUR MILITARY TIME?

Basically you can't get service connection for anything that happen (injuries)if it was related to or caused by  before military and after your military service...you will need medical records to prove it happen while in the military.

They (VAMC) will treat you for just about anything if your service connected for 30%  but they will treat you for any type sickness Regardless  

please correct me if I am wrong?

Most /or ALL  service connections have to be caused by or related to your military service.