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

[pacmanx1]

5 hours ago, Smirak said:

My questions are below.

Based on your post, instead of filing for an increase on your PTSD claim, is it at all possible to file a claim for migraine headaches? Is it possible to file a claim for your spine? How did you injure your shoulders? You can also file a claim for SSDI (SOCIAL SECURITY DISABILITY INSURANCE). Since it is not likely that you will go back to full time work, you might as well file a claim for your early social security benefits. You can get both 100% VA benefits and full social security disability benefits that is not double dipping or pyramiding. 

[brokensoldier244th]

There is no letter that says you can go back to work. You are either 100% schedular or you aren’t. Your percentage with IU shows as what it actually is. Not 100%. 
 

 After 20 yrs their rating would be protected, anyway. 

Edited August 12, 2021 by brokensoldier244th

[Buck52]

 

BROKEN IF YOUR ASKING ME THIS    YES I GOT CHAPTER 35 AND THE FREE 10.000 LIFE INSURANCE.  AND OTHER BENEFITS AS WELL AS EDUCATION BENEFITS.

Did you ever get told you have eligibility for Chap 35 Dependant Educational Assistance, FOR ME  IT HAS IT IN THE AWARD LETTER,,THIS IS WHN MY WIFE GOT THE CHAPTER 35 AND SOME MORE BENNYS   BACK IN 2002

 

i THINK WERE TAKING THIS IN THE WRONG DIRECTION

 ONCE YOUR ORIGINAL DISABILITY IS AWARDED THE 90% TDIU P&T means your total disabled   and this rating stays with you through out the 20 continuous years for the 20 year protection.

but what is confusing to veterans is they have the 90% combined rating and is awarded the TDIU P&T  due only because his disability did not meet the 100% scheduler   and due to this 90% veteran on TDIU P&T could no longer work  this is why they give the TDIU P&T. (TO HELP OUT HIS FAMILY)

AND ALSO IF A  90% TDIU P/T VETERAN FILES ANOTHER ''SEPERATE & DISTIANK  DISABILITY AND  IS SERVICE CONNECTD FOR IT AT 60% OR HIGHER  THIS OPENS THE DOOR FOR HIGHER COMPENSATION KNOWN TODAY AS  SMC (SPECIAL MONTHLY COMPENSATION)   THERES NO RATINGS FOR SMC,  ONLY  THE VETERAN IS PAID IN HIGHER TIERS  SUCH AS THE SMC S ...THEN IT TURNS INTO A&A WHICH PAYS A HIGHER COMPENSATION...THE MORE SERVERE A VETERANS DISABILTY IS THE HIGHER THE COMPENSATION  AND  THE WORSE OFF THE VETERAN IS.

THERES NO RATINGS FOR THESE SPECIAL MONTHLY COMPENSATIONS...JUST THE MORE SERVER THE SERVICE CONNECTED DISEASE/INJURYS THE MORE PAYMENT THE VETERAN GETS ADDED TO HIS MONTHLY COMPENSATION. 

IF ANY VETERAN IS RATING WITH A 60% TO 90% RATING AND IS AWARDED THE TDIU P&T this is his original rating and it stays with him until he dies.  the SMC 's/A&A is just extra compensation added in.

 

TO move from 90%  rather or not your 90% scheduler or TDIU &P&T  You actually will need another condition secondary or just another service connected condition  you will need 50%  to make the 100% scheduler....then again above as to what I mention you can get the SMC S Homebound by being 90% TDIU P&T  With another service connected  separate and distinct condition 60% or higher  to meet the SMC S Criteria.

Edited August 15, 2021 by Buck52

[brokensoldier244th]

Ok, I have no idea what you are asking. All I said was that an iu rating on paper shows as less than 100%. 

[pacmanx1]

37 minutes ago, Buck52 said:

i THINK WERE TAKING THIS IN THE WRONG DIRECTION

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 

Edited August 13, 2021 by pacmanx1

[Smirak]

3 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 

Thank you!