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?  

[Snakes]

No my initial injuries for TBI were in 2003 when I was deployed in Afghanistan that I listed in the first post. They should be in my Med file. That’s when The symptoms started, now I just reagrivatted it through the years after. I told all of this to the dr this week and now I have to go to TBI clinic at the main VA hospital. I have no idea what is gonna happen from there. Thanks for telling me about SMC. That’s something I’m definitely going to have to look into in the future.  

[Rattler]

I agree with Buck52. I have been at this a min. (39 years) Hears what I do know. (1) If it was a year ago the VA rated you at 70% for hearing loss and a 100% IU the VA can not review your rating for 5 years. (They are not suppose to) (2) There is a lot of miss information out there making Vets paranoid about getting service connected for other issues especially if you are PTSD. (I am) So I disagree with your Vet Rep. (3) I would apply for any other issues you have like the TBI. I would go ahead and get diagnosed by outside Doc's and the VA both. (4) as far as the Social Security goes it will depend on the age when you started getting your benefits and for what. I was 51 when I started getting mine in 2009. I think I have had one review science then. Social Security considers you to be untrainable if you are 55 or older. As a general rule they will review you about every 5-7 years.

 

THe VA has pier support people that they will refer  you to for help. The one out of the hospital has a real good presentation on how to approach the VA doc's to start the record to get ratted.

It goes kind like this

Before you go to the VA clinic to get treated 

(1) He tells you to go to The Mayo Clinic's website https://www.mayoclinic.org/ and look up the info on your Issues.

(2) Write down the systemptons and other info that match up with your problem.

(3) When you go to the VA Clinic to get treatment the conversation should go kind of like this.

"Doc I am hear to get treated for my knee injury (insert you problem) the I received in Iraq when I stepped off of me humvee and twisted it. I kind of ignored it hoping it would go away I never went to the field hospital because we were on the move all the time." 

(4) You would than tell him the systemptons that you looked up at The Mayo Clinic's website that matches your issues

(5) You should tell the Doc who has been treating you for this outside the VA so they can get the records. (especially if it has been a long time) 

If you do the above the Doc or whoever is treating you should be putting all this info into the VA's system creating a record that the VA will use to rate you.

What you will have done in the above by kind of using it as a script is this. (1) You told them that you have an injury. (2) You have told them how and where it happens. (3) you have told them that there is a military treatment record (or not) (4) You have service connected it for the VA.

A lot of Vets will go to the Clinic and give them the wrong information to use to get there benefits. 

I also have issues with VSO who only want to fill out forms and submit them instead of putting together a "fully developed claim."  If all your VSO is doing is submitting forms they are setting you up to get denied and making it take you a long time to get your benefits.

Get all you can get from the VA you have earned it.

I hope this helps everyone

Rattler

 

 

      

[Snakes]

Thanks Rattler, the steps you mentioned is pretty much what I did w my primary care dr, I told her the whole story, my life before my injuries and life after, I wrote down all my symptoms and she typed everything I told her up, now I have to wait to go to the TBI clinic and do it over again. You’re saying since I went 100% IU A year and half ago, I can’t be re-evaluated for 5 years? I think the local VA officer said I could but I could be risking everything. SS judge said I would be reviewed again in a year bc I was a young man and could possibly get better. That’s why I fear walking to the mailbox everyday. I am getting SS now but if they take it away I don’t know how I’m gonna make it. Right now I just need to get better, I know that, I’m just trying to collect as much info as I can during this process so I’ll be ready when it’s time. Thank all of u again for helping. 

[Snakes]

Can anyone recommend a law firm to help guide me through the oncoming process? Who is the best? I see C&K and Woods, I seem to like Woods bc they explain things so well and have been in business since 1985, thanks for your help 

[GBArmy]

Snakes It is difficult to recommend lawyers because, as you have heard many times, every veterans situation is different. But Woods and CC& K are certainly very successful. If they take your case it is likely they believe the merits of your case. What I would do is check out their web sites and maybe you tube videos and see if that results in anymore confidence in selection. Then, either try one and if declined, try the other. Or, you could just do them both at the same time and make a selection that way. But, I doubt that either one will be taking a very long time in deciding to take your case so it's up to you. Lastly, even if declined, it doesn't necessarily mean that you don't have a case. It could just mean that their plate is pretty full at the time and can't provide the proper attention to more cases at the time. But you are doing well in trying to vet the best option for legal help. Best of luck.

[kanewnut]

On 10/31/2020 at 10:23 AM, Rattler767 said:

If it was a year ago the VA rated you at 70% for hearing loss and a 100% IU the VA can not review your rating for 5 years. (They are not suppose to)

I would like to know which reg covers this so I could read up on it.