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90% to 100% TU Question

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Smirak

Question

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

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I can't answer the rest of that right now, but as for the TBI- do you have a TBI event/events in your STR? That's the first thing, with regards to that. 

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  • HadIt.com Elder

Do you plan on working in the future?  Is so try for the 100%.  If not you can go for TDIU which with your 90% is probably much easier.  I had 90% TDIU for almost 20 years.  I just got 100% recently.  Big deal because I am not going back to work any way.

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2 hours ago, john999 said:

Do you plan on working in the future?  Is so try for the 100%.  If not you can go for TDIU which with your 90% is probably much easier.  I had 90% TDIU for almost 20 years.  I just got 100% recently.  Big deal because I am not going back to work any way.

I do not plan to go back to work, so it may be that the TDUI would be the way to go?

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2 hours ago, john999 said:

Do you plan on working in the future?  Is so try for the 100%.  If not you can go for TDIU which with your 90% is probably much easier.  I had 90% TDIU for almost 20 years.  I just got 100% recently.  Big deal because I am not going back to work any way.

John999

YOU WERE ONCE 90% WITH  TDIU?  

AND 20 YEARS LATER YOU MUST FILE ON ANOTHER CLAIM SEPERATE FROM YOUR TDIU. 

OK MY QUESTION TO YOU IS

HOW DO YOU KNOW THAT YOUR RATING IS 100% NOW?

BEING RATING ON 90% TDIU  P&T IS BASICLY CONCIDER TO BE 100%  WE GET THE SAME BENEFITS AS A 100% VET.  AND THE EXTRA BENEFIT FOR BEING P&T

I AM 90%TDIU P&T FOR 13 YEARS AND FILED A SEPERATE & DISTINK CLAIM IN 2015  SEPERATE  FROM MY ORIGINAL TDIU DISABILITY'S

And they say NOW I HAVE A FINAL DEGREE 100% now with the SMC S HOUSEBOUND...BUT I NEVER GOT A LETTER STATING I AM 100% AND COULD GO BACK TO WORK IF I choose to..... Question  Did you get a 100% award letter making your TDIU MOOT?

 I THINK MY RATING IS STILL 90% TDIU  W/SMC S....SO MY MAIN DISABILITY WOULD STILL BE MY ORIGINAL DISABILITY  90% TDIU.

IT SAYS ON EBENEFITS I have a full 100% degree rating  with SMC S.

BUT IF I WENT BACK TO WORK AND A YEAR LATER THEY CHECK WITH SSA...THEY COULD PULL MY TDIU  AND JUST GIVE ME THE SEPERATE.

&DISTINK RATING THAT I FILED ON    DATING BACK TO 2015

I GET MY 20 YEAR CONCURRENT RATING NEXT YEAR  SUPPOSED TO BE PROTECTED.

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1 minute ago, Buck52 said:

John999

YOU WERE ONCE 90% WITH  TDIU?  

AND 20 YEARS LATER YOU MUST FILE ON ANOTHER CLAIM SEPERATE FROM YOUR TDIU. 

OK MY QUESTION TO YOU IS

HOW DO YOU KNOW THAT YOUR RATING IS 100% NOW?

BEING RATING ON 90% TDIU  P&T IS BASICLY CONCIDER TO BE 100%  WE GET THE SAME BENEFITS AS A 100% VET.  AND THE EXTRA BENEFIT FOR BEING P&T

I AM 90%TDIU P&T FOR 13 YEARS AND FILED A SEPERATE & DISTINK CLAIM IN 2015  SEPERATE  FROM MY ORIGINAL TDIU DISABILITY'S

And they say NOW I HAVE A FINAL DEGREE 100% now with the SMC S HOUSEBOUND...BUT I NEVER GOT A LETTER STATING I AM 100% AND COULD GO BACK TO WORK IF I choose to..... Question  Did you get a 100% award letter making your TDIU MOOT?

 I THINK MY RATING IS STILL 90% TDIU  W/SMC S....SO MY MAIN DISABILITY WOULD STILL BE MY ORIGINAL DISABILITY  90% TDIU.

IT SAYS ON EBENEFITS I have a full 100% degree rating  with SMC S.

BUT IF I WENT BACK TO WORK AND A YEAR LATER THEY CHECK WITH SSA...THEY COULD PULL MY TDIU  AND JUST GIVE ME THE SEPERATE.

&DISTINK RATING THAT I FILED ON    DATING BACK TO 2015

I GET MY 20 YEAR CONCURRENT RATING NEXT YEAR  SUPPOSED TO BE PROTECTED.

Did you ever get told you have eligibility for Chap 35 Dependant Educational Assistance, or does that show up under your other benefits on Ebenefits or VA.gov? Your award letter with TDIU would still say 90% and "you are being paid at the 100% rate due to being unemployable....." or something like that. I don't have one in front of me, and Im not IU so my letter says differently. 

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  • HadIt.com Elder

BROKENSOLIDER244TH SAID

''Did you ever get told you have eligibility for Chap 35 Dependant Educational Assistance''=YES WHEN I GOT THE TDIU P&T IN 2002.

''Your award letter with TDIU would still say 90% and "you are being paid at the 100% rate due to being unemployable....." or something like that''.  YES IT DOES.

IT WAS 2015 I FILED A SEPERATE & DISTANK CLAIM    AND THIS IS WHEN MY RATING CHANGE TO THE FINAL 100% DEGREE RATING   WITH THE SMC S Housbound award...THE RATER HAD TO AWARD THE SMC S.  AND HE GOT IT RIGHT.

but my point is  until a veteran gets a letter from his R.O. STATING HIS TDIU P&T IS MOOT  AND YOU NOW HAVE A FINAL 100% DEGREE RATING..AND THIS VETERAN CAN GO BACK TO WORK IF HE /SHE IS ABLE  OR WANTS TO NEEDS TO...WITHOUT A PROPOSAL TO REDUCE...WITHOUT THAT LETTER  THIS VETERAN IS TAKING A BIG CHANCE ON BEING SENT A PROPOSAL TO REDUCE  IF HE CHOOSES TO GO BACK TO WORK..NOW AFTER 20 YEARS  i am not sure what they would do.

but better safe than sorry......right now if they took my TDIU AWAY  THE WHOLE 90%  THAT WOULD JUST LEAVE MY SEPERATE AND DISTANK CLAIM (CHRONIC PTSD) 70%   AND I'D LOSE EVERYTHING i STILL MAKE PAYMENTS ON.

 

 

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