90% to 100% TU Question

[Smirak]

Apologies as this may have been asked before, but the search function is too broad.

I am currently 90% disabled.  20% each shoulder, 10% tinnitus, 70% PTSD, 10% asthma.  I have been let go from 2 jobs in one year, and this last job, I think I was fired for having too many appointments (I already have an EEOC complaint filed).  I have issues remembering what to do, staying on task/staying focused, and managing my time effectively.  Should I apply for an increase to 100%, or should I apply for TU or P&T?  My questions are below.  

First question:

I would like to get to 100% TU, P&T, anything that gets me to 100%, but am unsure of which direction I should go.  The first thought is to have my PTSD rating move from 70% to 100%.  I have asked my providers (non-VA) to provide me a letter stating my inability to maintain gainful employment.  

Second question:

I have to have spine surgery next week.  I have to have a multi-level ACDF on C5 and C6.  I am not rated for this condition.  However, could it be a secondary condition to something I'm rated for (like my shoulders)?  I never saw a doc while in service for this condition.  Hence the question.

Third question: 

Is there any way to get a rating for TBI if one was never diagnosed?  I'm pretty sure that I have an undiagnosed TBI.  In early 2004, the test for TBI was "did you lose consciousness" to which I would have to reply "no".  However, how does the VA handle a claim for TBI 10+ years later?  I suffer from debilitating migraines at times (is this secondary to another condition?).

Thank you for the replies.

Kevin

[john999]

I had TDIU at 90% and then I filed for an increase for DMII and PN.  I got that increase which put me over the 100% schedular rating.  I was not really trying to get the 100% schedular but only to get the increase I think I deserved for my DMII and PN.  I got it in spades with an extra 80%.  I got two new ratings as well.  The thing is if you are not going back to work why do you need 100% schedular if you have TDIU P&T.  I had P&T TDIU for 20 years. No way was I going back to work at age 71 to bag groceries.

[Buck52]

12 hours ago, pacmanx1 said:

I think we should try to stay focus on the OP (ORIGINAL POST). Hijacking a thread is not helping the OP, we try to tell posters not to do this, but it is even harder when moderators/elders do it. Buck if you want to continue, please separate this post to help out the OP 

[Yes I agree)

My Apology to the O.P.

[Buck52]

 O.P.

I would like to get to 100% TU, P&T, anything that gets me to 100%, but am unsure of which direction I should go.  The first thought is to have my PTSD rating move from 70% to 100%.  I have asked my providers (non-VA) to provide me a letter stating my inability to maintain gainful employment.

In my opinion and from my 40 years of the VA...IT IS VERY HARD TO GET THE 100% Scheduler Rating   with a less rating under the 100% scheduler.

To get the 100% scheduler you would need another  condition/disability service connected at 50%

Now you being 90% it would be in your Interest to apply for the TDIU P&T it has the same benefits as a 100% scheduler veteran  and if you get the P&T then that's when the chapter 35 benefits kick in and your spouse can go back to school if she wants to YOU CAN APPLY FOR THE FREE 10.000 LIFE insurance the VA Offers 100% P&T OR 90% P&T TDIU  Veterans.

So in my opinion the only draw back about being rating under the TDIU P&T YOU CAN'T WORK  AND YOU NEED TO FILL OUT THE EMPLOYMENT QUESTIONER EACH YEAR, HOWERVER THEY DO HAVE EXCEPTIONS FOR SOME TDIU VETERANS THAT CAN WORK UNDER SPECIAL GUIDELINES  IF THE VETERAN MEETS THOSE GUIDELINES.

As opposed to a 100% scheduler  rated Veteran  he can work if he is able to and wants/needs to.

However you mention 70% PTSD RATING, you possibly could get a 100% rating on that if your Dr mentions your totally disabled and due to your PTSD you can't work  due to the panic attacks and high anxiety you have  ect,,,ect,,

or your Dr says you meet this criteria below

''Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.''

[brokensoldier244th]

1 minute ago, Buck52 said:

 O.P.

I would like to get to 100% TU, P&T, anything that gets me to 100%, but am unsure of which direction I should go.  The first thought is to have my PTSD rating move from 70% to 100%.  I have asked my providers (non-VA) to provide me a letter stating my inability to maintain gainful employment.

In my opinion and from my 40 years of the VA...IT IS VERY HARD TO GET THE 100% Scheduler Rating   with a less rating under the 100% scheduler.

To get the 100% scheduler you would need another  condition/disability service connected at 50%

Now you being 90% it would be in your Interest to apply for the TDIU P&T it has the same benefits as a 100% scheduler veteran  and if you get the P&T then that's when the chapter 35 benefits kick in and your spouse can go back to school if she wants to YOU CAN APPLY FOR THE FREE 10.000 LIFE insurance the VA Offers 100% P&T OR 90% P&T TDIU  Veterans.

So in my opinion the only draw back about being rating under the TDIU P&T YOU CAN'T WORK  AND YOU NEED TO FILL OUT THE EMPLOYMENT QUESTIONER EACH YEAR, HOWERVER THEY DO HAVE EXCEPTIONS FOR SOME TDIU VETERANS THAT CAN WORK UNDER SPECIAL GUIDELINES  IF THE VETERAN MEETS THOSE GUIDELINES.

As opposed to a 100% scheduler  rated Veteran  he can work if he is able to and wants/needs to.

However you mention 70% PTSD RATING, you possibly could get a 100% rating on that if your Dr mentions your totally disabled and due to your PTSD you can't work  due to the panic attacks and high anxiety you have  ect,,,ect,,

or your Dr says you meet this criteria below

''Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.''

You don't need to fill out an employment questionnaire. That stopped in 2019. They cross verify with the IRS and SSA now. 

 

[Buck52]

BROKENSOLIDER  YOU MAY NOT NEED TO FILL OUT THE EMPLOYMENT QUESTIONER DUE TO YOU NOT BEING ON TDIU

I heard they stopped that too, but if a Veteran don't receive a letter from his R.O.  stating it is not necessary for the veteran to fill out the 21 4140-1 questioner form  and they find out he is working because they will find out by checking with the SSA.IRS records if he paid in to the SS System..

but unless he gets the letter from his R.O. (his/her proof) he/she better send in the questioner, I send my in every year on my award /anniversary date due to I have never recieved such a letter informing me  it is NOT nessessary to send in the questioner form due to the VA Can and will check with the SSA each year...maybe at random  but they will eventually find out.

if he gets that letter  sure  then he/she is safe and has proof  if they try to propose a reduction.  ...>without it  veterans are taking a big chance. 

[brokensoldier244th]

https://www.hillandponton.com/new-unemployability-verification-process-explained/

https://www.statesidelegal.org/not-required-send-21-4140

 

You are only required to do a 21-4140 if you are working while on IU or if you are identified as such through wage matching with SSA/IRS. That's the rule and has been. If you want to send it in, okay, but its not doing anything other than pulling your file back out for someone to look at that doesn't need to look at it.