Too risky to try 100% schedular from TDIU?

[hiker79]

Hi all,

I just got off the phone with a social worker and he suggested that I go back to the DAV and ask them to try for 100% schedular.  I'm currently at 70%, considered permanent and total, and get paid at 100% level TDIU, since about 2010.  They break it down like this:

Major Depressive Disorder - 70% SC

So I'm wondering if I should go to the DAV again and ask for 100% or should I leave well enough alone?  I certainly don't want to lose benefits.  I also have sleep apnea, proven by a sleep study the VA arranged and the social worker said that was an automatic 50% but I seem to think that the sleep apnea wouldn't factor in, since it isn't service connected.  Thanks for reading-

[Rattler]

Here are some good ones to throw at the VA

Sleep apnea, depression linked in Stanford study

https://med.stanford.edu/news/all-news/2003/11/sleep-apnea-depression-linked-in-stanford-study.htm

CDC study forges link between depression and sleep apnea

https://aasm.org/cdc-study-forges-link-between-depression-and-sleep-apnea/

NIH-Depression as a Manifestation of Obstructive Sleep Apnea

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5488552/

 

[hiker79]

13 minutes ago, Rattler said:

Here are some good ones to throw at the VA

 

Thank you for that, I didn't know that depression was linked to sleep apnea, or vice versa.  I appreciate the links too. 

[Lemuel]

3 hours ago, Rattler said:

Hears what I would do. I would file for sleep apnea secondary to Major Depressive Disorder. Unless you can relate it to an in-service event or treatment record. As stated above it could get you an extra 50% that would put you in a scheduler ratting.

"Major depressive disorder (MDD) and obstructive sleep apnea (OSA) are both common conditions that are linked in both directions. According to a 2022 CDC study, people with depression are nearly always associated with symptoms of OSA, such as gasping, snorting, or stopping breathing while sleeping. Other studies have found that people with depression are five times more likely to develop OSA than the general population and that up to 40% of people with depression have OSA. "

Which came first.  The chicken or the egg.  Depression or low night oxygen.  My depression has been relieved by night oxygen.

[Rattler]

On 7/6/2024 at 2:25 PM, Lemuel said:

My depression has been relieved by night oxygen.

 

[Rattler]

This doesn't apply to you Lem your too old. But I would not tell anyone that you are improving unless it's over 6 MO to a year. It will give the SSA and the VA an excuse to look at you if you are trying for an increase or when apply a secondary. I have seen where that happened and someone had told a rehab consoler or a treating VA Doc they have gotten a lot better when it was only a week or two improvement than back down hill.

Don't confuse this with applying for a new ratting and the false rummer that the VA will reduce you for applying for new benefits after you reach 100%

[Lemuel]

I think I have been qualified for SMC-S since 2009 rating to 70% since my TDIU EED is 1985.  I have had about a year of SMC-t qualification and according to Haskell v McDonough argument by the VA GC, I will still be qualified because of the need for higher level care. 

The recommendation still stands that I move to assisted living with nursing medication care and sell my home to pay for it.  But I cannot take my dog.  So until he is gone, I will do with what I am getting.  Still feels good to be able to walk almost normal.  And because people see me doing that, I will not lie about it.  I still cannot lift my elbows above shoulder level or cook for myself.  Eat out of a can on the weekend when I do not have meals on wheels.  Mental safety is still my biggest problem.  Easily distracted so have to avoid them or situations where I might be distracted.

Just to clarify.