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?  

[Buck52]

*Note*

Also you need a qualified Dr to mention all the above.

[Snakes]

I started counseling and I’ve been diagnosed w some mild TBIs, I have to see a neurologist in 2 weeks, and I have to go to the TBI clinic regularly, along w discussing it w my primary care doctor, should I see a private neurologist separate or is this enough to back up my claim? I know I will have to pay out of pocket but it might be worth it, someone told me that it takes 6 months to process a claim, should I put in now or should I build my case and info up bc I don’t feel like me getting in front of them and telling them my situation they are gonna deny me 100% compensation, but I could be wrong, I don’t know about the SMC, I have good days and bad ones 

[Rattler]

On 12/7/2020 at 12:17 PM, kanewnut said:

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.

kanewant I beleave you are right with the link below.  I was probily thinking of the "Protected Ratings.

https://www.veteranslawblog.org/va-benefits-reduction/

 

Edited March 11, 2021 by Rattler767

[Rattler]

Snakes

I am working on filing for service connection because I am disabled via Social Security because of my knees. When  Social Security disables you they file their forms that state the reasons why you are unemployable. I call the local SS office and talked to the Supervisor over the local office and told her I need to get a copy of any documents that they have that shows why I was unemployable. Ask them for "Form SSA-831-U3 DISABILITY DETERMINATION AND TRANSMITTAL" and "Form SSA-4268 EXPLANATION OF DETERMINATION" file them with your UI claim. If what Social Security has made you unemployable is the same as what you are service connected with it pushes the scale in your direction for UI. I also have an independent Vocational expert letter that says I am unemployable that was used with Social Security. It is kind of hard for them to deny your UI claim when the Government has already stated you are unemployable.

[Rattler]

On 1/5/2021 at 3:25 AM, sixthscents said:

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?

I think afer seeing this past on "5, 10, and 20. Some of what I thought was a 5 year rule on not changing your ratting came from this. 

"

Ddsr

• E-5 Petty Officer 2nd Class
•  
• Chief Petty Officers
•  22
• 262 posts
• Location:US NAVY GULF VFW 90-94
• Interests:Approved first time SSDI and TDIU. The key was having that VR Feasibility Letter.My son is my life. I enjoy sports and watching my boy grow and become a greater man than me.
• Service Connected Disability: TDIU
• Branch of Service: U.S.N.

•  

Posted July 8, 2020

The 5, 10, 20 year rules...

Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.

Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.

Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.

If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"

At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.

NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.

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Example for 2020 using the same disability rating

1998 - Initially Service Connected @ 10%

RESULT: Service Connection Protected in 2008

RESULT: 10% Protected from reduction in 2018 (20 years)

2020 - Service Connection Increased @ 30%

RESULT: 30% is Protected from reduction in 2040 (20 years)

2022 - Service Connection Increased @ 50%

RESULT: 50% is Protected from reduction in 2042 (20 years)

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Second example for 2020:

Example of protected percentages:

• A Veteran gets awarded @ 30% in 1991.

• The Veteran files for an increase and is awarded 70% in 2004.

• The Veteran files for and is awarded TDIU status in 2005.

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RESULT: In 2001 (10 years), the condition's service connection is protected.

RESULT: In 2011 (20 years), the 30% is protected from reduction (except for fraud).

RESULT: In 2024 (20 years), the 70% is protected from reduction.

RESULT: In 2025 (20 years), the TDIU is no longer monitored yearly for income and is protected from reduction. In addition, the Veteran is automatically P&T.

For clarity on the 5 year rule: This says the VBA must have proof of sustained improvement. An example might be when a Veteran has a mental health condition yet does not go to a psychologist/psychiatrist. Or, if the Veteran never has his service connected back status noted in the current medical records. Those situations would suggest a sustained improvement because the Veteran did not seek treatment or therapy or at a minimum get a current status noted in the medical records.

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[pacmanx1]

Rattler, you should start your own thread, that saying, just because you are getting SSDI, it does not mean that you will not have problems with your claim with the VA. Even though their regulations are similar they are also different. SSA benefits are basically for those that cannot work, and VA benefits are for those that can prove their disabilities are military related. We have had many veterans that were service connected for their disabilities but had to fight for their SSA benefits and we have had several veterans awarded SSA benefits and had to fight for the VA benefits. You would think that if one agency awards the veteran the other should be simple or easy but that is not always the case.