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?  

[Rattler]

Snakes I am sorry i didn't see your post tell now.  I know I read about this on the Veterans Law Blog.  I am kind if in the middle of some lengthy stuff regarding my claims that has a time limit on it. I will try to answer this or give you a resource to answer some of your questions.  First off listing to VSO tell you or other veterans tell you that "be careful if don't apply to get rated on other issues you are having because the VA will take away your 100 TDIU.  In my opinion this is BS you should get ratted on anything that you are service connected . I don't want to slam VSO to much. There are some real good ones out there. But there are a lot of form pusher who all they do is fill out forms and nothing else to get you out of there face. I am telling you this from a 39 year experience.  One of the most recent ones goes like this. I submitted a fully developed claim for PTSD and requested a RO hearing. Unknown to me the the American Legion VSO removed me evidence before the hearing. (the Doc is in in my C-File) The same thing happen in 1980. This cost me 3 years and a trip to the BVA of which I am waiting an October 21 hearing decision.  I am not saying that there are some raters who will or my not try to change you IU but it takes evidence that you are "employable". 1. I assume you are not working because if you are you are not unemployable. 2. I am also assume you are not in a VA vocational rehab program for you education because at the end of it they can review your ratting. The only way you can be employed and be 100% is through an extra schulder rating of 100%. To put it in simple terms to get a 100% extra schulder rating you have to have at least 3 different ratting kinds of rated issues. if you had 60% 40% and 30% you would be 100% extra schulder rating. (ignore what the % adds up to) What most veterans don't know is there are 5 different ways to get to a 100% ratting.  Chris Attig of the Veterans Law Blog posted in "5 things you Didn’t Know about Total VA Disability Ratings." The 5 different types of 100% ratings. He gives reference to both the Case Law and VA regulations regarding them. Please see the following link. 

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

Crag stated this thin the comments to the above post.

Quote

Chris Attig on 03/10/2015 at 5:48 am

If you are granted Social Security Disability for a medical condition you claim as service-connected (or that has been previously) service connected, the Social Security AJ’s decision is pretty powerful evidence of entitlement to Total Disability based on Individual Unemployability (TDIU).

 

So having said all that I want you to think about some things. You said that you are on social security. 1. If you still are you have met the definition of unemployable and the VA must take it into consideration and request you social security records. (VA duty to assist) 2. I have been on social security since 2009. Now this depends on you age. (Over 55 the social security  considers you to be NOT retrainable) But I have only been reviewed once to date in that time and all they did was have me fill out a questionnaire. I intend to have the VA rate me on any and all my service connected issues. I will not let VSO's or other veterans scare me into not getting all the benefits  that I paid for with my service.

Please feel free to PM me hear.
I

 

[Snakes]

Thank You for your help, I know it took awhile to write that, I agree w u, I should go after whatever I can and I’m going to, I’m just collecting all the info I can right now. I’ve been diagnosed w several TBIs recently, I have a whole list of symptoms and have to see a neurologist. I had someone tell me about SMC and that I might qualify for it bc I have a damaged organ from my service, my brain. I’m now trying to figure out everything about SMC and if I qualify for that. 

[john999]

Snakes.....I see you are young.  If you could go for 100% rather than TDIU you would be able to work a little bit if you were able.  I have had TDIU for almost 20 years. I often wished I could work at some job, but I knew I would never be able to earn a living again.  However, I would at least get permanent TDIU if nothing else.  You get many benefits if you are P&T.  In Florida I pay no property tax. My auto tags are almost free.  I get the free life insurance. My wife is eligible for DIC.  Don't worry too much about having things taken away if you go for TDIU or 100%.  I heard all that crap from DAV about losing what I had if I appealed ratings.  Go for it.

[Buck52]

I agree with john999

AS for as your claim goes for the TDIU P&T you might get the 100% option for SMC 's

you need to make sure your Dr's had all your symptoms you have about the TBI And it would help if they can give their medical opinion that due to your TBI  And your other service connected disabilities (if you have other conditions you need to file on them too) but usually the TBI veterans have conditions that will prevent you from doing any type of work and some symptoms will occur later on in life so it just depends how bad your symptoms are  AT THE TIME THEY EVALUATE YOU.

the Dr's will have to differentiate  your symptoms, you may get the 100% but at your age they may rate your symptoms to a degree under the 100% and give you the TDIU...   IF THEY GRANT YOU THE TDIU  YOU CAN APPEAL TO DISAGREE WITH THAT DECISION AND ASK FOR THE 100% IF YOUR CONDITIONS AND SYMPTOMS WARRANT THAT RATING  CHECK THE CRITERIA FOR RATING ALL YOUR SYMPTOMS THEY SAY YOU HAVE AND SEE IF THEY WARRANT THE 100%SCHEDULE RATING.  A BIG BIG PART OF ALL THIS IS YOUR C&P EXAM   THE VA HAS STOPPED C&P EXAMS AT THE VAMC  AND NOW CONTRACT OUT ALL C&P EXAMS.

[Rattler]

On 11/30/2020 at 6:10 AM, john999 said:

Snakes.....I see you are young.  If you could go for 100% rather than TDIU you would be able to work a little bit if you were able.  I have had TDIU for almost 20 years. I often wished I could work at some job, but I knew I would never be able to earn a living again.  However, I would at least get permanent TDIU if nothing else.  You get many benefits if you are P&T.  In Florida I pay no property tax. My auto tags are almost free.  I get the free life insurance. My wife is eligible for DIC.  Don't worry too much about having things taken away if you go for TDIU or 100%.  I heard all that crap from DAV about losing what I had if I appealed ratings.  Go for it.

Thanks john999 for confirming what I have known for some time. Too much bad information floating around out there.

[Rattler]

On 11/22/2020 at 2:42 PM, kanewnut said:

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

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/