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?  

[kanewnut]

On 12/2/2020 at 8:36 PM, Rattler767 said:

I posted this in this thread. Checkout the Veterans Law Blog That is where I read about the 5 Year VA rule (I Think) The Link below will give you good information,

https://www.veteranslawblog.org/total-va-disability-ratings/

I looked through your link but it doesn't cover it. I ran into this one - 

https://www.veteranslawblog.org/va-benefits-reduction/ - That appears to cover it. I think what we are talking about is also covered in - 

https://www.law.cornell.edu/cfr/text/38/3.344 - this appears to state if you haven't had symptoms for over 5 years, you may need to be reexamined at 18, 24 or 30 months.

[sixthscents]

Isn't there a pinned post with a title like "5, 10 and 20 year rule" by Berta? I mean I encourage every vet to use any and all resources but I think that has been addressed here long ago. In any case, seems like you got the info you needed. I know what I would do personally but I wondered what you decided?

[Snakes]

I decided to fight for what I’m deserved, I’m not gonna put in for everything at once though, I’m gonna put in a new claim for TBI’s I had and I’m gonna file for an increase for PTSD.  I believe there is no way they are gonna deny me 100% rating after I talk to them. I’m determined. I may put in for SMC too and see what happens. I’m losing my fine motor skills in my hands. Thanks. 

[sixthscents]

Sounds like a  solid plan. For your reference SMC is covered in CFR 38 under section 3.350. Now... I suspect that if they approve the TBI they will rate you 100% for the TBI and put PTSD as secondary to it, but that is of course for the future. As for evidence and proof of the TBI, there is plenty of guidance but the VA will accept veteran attestations along with supporting attestations from other soldiers in your unit. Of course medical records, etc. are always acceptable. There are plenty of ways to approach this but ensure that you have all your dates as close as you can confirm, and as much evidence as you can aquire. Best of luck!

 Sixthscents

[Snakes]

Thanks, hopefully it all works out and most importantly I hope I start feeling better and get my health right 

[Buck52]

On 1/5/2021 at 6:25 AM, Snakes said:

I decided to fight for what I’m deserved, I’m not gonna put in for everything at once though, I’m gonna put in a new claim for TBI’s I had and I’m gonna file for an increase for PTSD.  I believe there is no way they are gonna deny me 100% rating after I talk to them. I’m determined. I may put in for SMC too and see what happens. I’m losing my fine motor skills in my hands. Thanks. 

To get the SMC your going to need more than just an increase on your PTSD  unless its out of control and you need the assistance from another person  because you can't feed yourself and can't do other necessities of life.

Same with the TBI it depends on what they rate the TBI  but remember these conditions are in the same category of M.H. symptoms  So they will need to decipher between  the two  and they don't always do that.

If you get 100% for PTSD    that may not be enough for SMC the Norm is  Veteran needs to have a 100% service connected disability  and another separate and distinct  service connected condition rated at least 60%  to qualify for the SMC -S  This seperate condition can be from another service connected condition secondary to that  condition  or related to or caused by that condition   this is called a Secondary condition Claim