Question:
I am a 46 year old female Army National Guard Veteran whose military career came to a sudden end after a training accident 20 year ago that involved around 20 soldiers. I am currently 70% P&T and IU, however I just had my second neck surgery that unfortunately didn't work as well as anticipated. I would like to up my P&T to 100% based on my worsening daily chronic pain, headaches, and leg weakness. I am still working, but am in so much pain every day, I don't think my "gainful employment" should even matter at this point. I have three children and am the main income source most of the time. I most likely won't make it another 5 years, and really need both disability and my salary for my savings for when I can no longer work. I am only 46 and I need to keep working til my body is totally unable. Please let me know the best way to go about getting 100% P&T. Thank you in advance for your help!
Jim's Reply:
You tell me that you are currently receiving the IU (TDIU) benefit and that the benefit is rated as permanent. but that you're employed. If you are receiving the TDIU unemployability benefit but you are gainfully employed, you have a problem. In any case many veterans make the mistake of thinking they need to change from TDIU 100% rated to Schedular 100% rated and that makes no difference in the benefit other than employment options. If you're telling me that you need to change from TDIU to a schedular 100% rating so that you can work at gainful employment, it sounds as if you are able to seek and hold gainful employment and that means you aren't eligible for the TDIU benefit. If you look for a way to work full time, VA may just drop you back to your underlying 70% rating without any 100% benefits. I'd leave it alone were I you.