Question:
After years of fighting with the VA over service connected injuries, I was finally granted 80% IU in 2013. In 2017, I was upgraded to Permanent and total 100% with no indication of Schedular or IU and no future exams. In 2019 I was informed the VA is is keeping me at 90% IU in it's medical system and they are monitoring my Social Security. I have been informed by the county Vet Rep not to make waves. I would like to get scheduler. I am paid at 100%. Note I am a 64 y/o Veteran end of the Viet Nam Era. I have suffered a heart attack from being over medicated by the VA though they will not take responsibility. I have also been turned away from the VA Medical System on numerous occasions since 2018 receiving no care for my disabilities. Any suggestions? Also are you familiar with H.R.4676 and what the status of same is? Thank you
Jim's Reply:
If I read you correctly, you are rated as 100% TDIU and that rating is permanent with no future exams scheduled. All TDIU rated veterans are currently cross referenced to SSA/IRS to determine whether they have exceeded earned income limits for that tax year. This happened some time ago as the VA phased out the VA 21-4140 form that we were once required to complete. I saw that as a positive move by VA, long overdue.
Trying to achieve a schedular 100% rating is an often futile task that rarely has any real gain if it's ever accomplished. In your case, even if you achieved a 100% schedular rating, nothing would change other than you'd be able to seek and hold gainful employment. Since that doesn't seem to be the goal, all you'd do is to instigate critical reviews of your current status...dangerous ground to be on. I agree with your CVSO...leave it alone.
If you believe that VA has caused you harm while you were being treated, you need to speak with an attorney who can help you file a tort claim. Unless and until you do that, there isn't much anyone can do to help.
I don't understand what you mean when you say VA has turned you away? VA sees all eligible veterans, even those who may have been flagged as disruptive. I know of veterans who required a police escort and still received their care so I'm having a hard time with that one. You're welcome to provide more info.
Yes, I'm familiar with H.R. 4676, it hasn't moved forward and to be honest, I doubt that it will. Veterans benefits will change over time, just as they should and just like everything else. Change is inevitable with all benefits, I've seen modernization the of GI Bill, veterans pensions improvements and a lot more since I got my DD-214. But when it comes to existing benefits, the ratings you hold today won't change if there are changes in the future...we're grandfathered in when that applies.