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

[Buck52]

This maybe true  if a veteran receives this letter  (he better keep it in a safe place)...I never recieved one and until I do I will send them the 21-4140-1

[john999]

Buck

 

                  At our age with TDIU I don't believe we need to file the form for unemployability.  I was told I did not have to do it.  If you are 70+  VA assumes you no longer work.  Under 65 they might want the form but I doubt it.  Too much paperwork for them.

[Buck52]

Yes I Agree Johnn 999  I only have one year or less to the 20 year protection...and then I will file for a EED.

IF I can get someone to help me before that I will fill it sooner  but doing it by my self they will eat my lunch  due to the conflicting dates in my C-file Rating sheets and Award letters .

  I been told they are ''typo errors'' and if they determine there typo errors   that goes in the VA favor...so I may need some help at the BVA  OR higher courts.

but we better stop posting on this thread   some people don't like people don't like it.

[pacmanx1]

On 8/12/2021 at 11:36 AM, Smirak said:

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). 

To the OP (ORIGINAL POSTER), with your current ratings, all you would need is maybe a 50% rating for migraines and maybe a 20% to 40% for your spine condition and these ratings can be secondary to your already service-connected conditions. What makes you think that you may have a TBI? Again, what caused your shoulders injury? By answering these questions would help us help you.

[john999]

If you are 90% you just need an extra 50% to get to 100%.  Not so easy really.

 

[pacmanx1]

John, while I do agree, I took in consideration that the veteran is already 90%. With the breakdown that he provided, A migraines headaches rating of 50% and a spinal cord injury of 20% to 40% should reach the veteran to 95% where the VA would then round up to 100% scheduler.