I'm sorry for reposting this... it seems my original post has disappeared during webpage upgrade?

Anyhow, according to my local VA office I am 100% IU. My latest paperwork says "we will continue paying you at the rate for individual unemployability".

Here's my question:

Supposedly, evidence that you are P&T is when you are granted 1. Educational benefits for spouse and dependents, 2.Champ VA benefits for your spouse and dependents, and 3. A military ID card with base privileges.

Now, I am confused by this.

My ratings progressed as follows: 20%, 40%, 60%, 70%, 100% IU, finally lowered to 60% (removed 10% from the 70% for an error...was rated 10% each leg for radiculopathy, when it should have been inclusive in the 60% rating) but STILL rated currently as IU.

I was also sent a form last year asking if I had worked, and to report my earnings. I worked a very minor part-time job, but had to quit due to pain/physical limitations. I earned a total of $4,000 all last year.

I have since received another letter stating that my IU was remains in effect despite my earnings.

It seems to me pretty clear that I am in fact 100% IU... but other posts lead me to believe that I am REALLY P&T. So moderators, please clarify for me what my status really is, so others may not end up so confused as I have been!

Finally, after my last surgery, I feel hopeful that I will be able to work again. I know that there is a 12 month "grace period" if you will, to prove whether or not you can perform gainful employment before your disability pay is revoked.

Here is my last question:

If I am successful at working full-time, will I simply revert back to my 60% disability pay and receive that? Will it be revoked entirely? Or, if after successfully working for 12 months, will my receipt of ANY level of disability pay be contingent upon another C&P exam?

I recall reading that disability ratings cannot be lowered, and are permanent (aside from P&T) after 10 years.

My obvious concern is that I am pain-free at the moment, but I may relapse sometime in the future... if I DO find myself unable to work again, I want to know if I would at least still receive the 60% pay--otherwise, I will be in serious trouble having to support my wife and 2 children.

Oh, if it has any relevance, my ratings are as follows: 60% for herniation of L5-S1 disc. (this rating included giving weight to spinal stenosis, sciatic pain/neuropathy, muscle spasm, absent ankle jerk, degenerative disc disease.)

Since that rating (2004), I have had 2 other surgeries, for the 2 other discs above L5-S1... I also have arthritis in my spine. So, while my pain is gone at the moment, I imagine the arthritis is only going to get worse. I also assume that with Degenerative Disc Disease, I will need more surgeries in the future. I still have loss of sensation in both my legs and feet too.

Thanks for reading my long-winded post! Any info/advice would be greatly appreciated!

OK, called my VA office.

They confirm I am 100% IU, and definitely NOT P&T. As to why I have been given the privileges of ChampVA, Base ID & privileges, and Educational benefits for dependents, while others rated 100% IU HAVE NOT RECEIVED THEM,is unknown to me and to the local VA office.

Anyhow, according to my local VA office I am 100% IU. My latest paperwork says "we will continue paying you at the rate for individual unemployability".

First, yes you will lose your unemployability IU if you start working and I'm surprised that they haven't taken it from you already because your now only at 60%. Aside from extreme circumstances, the only way 60% is approved for IU is when one disability is for 60% which is not in your case.
Steve

IU is always subject to review if you go to work. At 60% for one disability you can be IU. If they use the words you have not been scheduled or will not be scheduled for future exams, for benefits you are P&T. They can re-evaluate your case until 20 years after you are awarded your disability.

38 USCS Section 110 – Preservation of Disability Ratings states in pertinent part that: A rating of “total disability” or “permanent total disability” which has been continuously in force for twenty or more years shall not be reduced thereafter, except upon showing that such rating was based on fraud.”

Veterans who have been “awarded” 100% TDIU can only earn up to the MAPR (Maximum Annual Pension Rate) which is currently $846 per month or $10,152 Annually and still be eligible to receive their 100% TDIU monthly VA compensation check. See 38 CFR Section 4.16(a) for details.

Well, I actually am rated at 100% IU... I continue to be rated at 60% because of numerous problems that I still have, such as degenerative disc disease, spinal stenosis, sciatica, no knee and ankle reflexes, loss of sensation in both legs, arthritis of spine, etc.

I was advised that since I am IU, I can indeed work, but only so long as I do not exceed the earnings for 1 individual at the poverty threshhold (about $10,000 gross per year.)

My ratings history going up in order from 20%, 40%, 60%, 70% is because the docs refused to acknowledge my aforementioned problems, until I systematically proved them all with MRI's, EEG's, etc.

Though my pain has been taken away almost completely by my last surgery, the root cause of my symptoms is PERMANENT: DDD,spinal stenosis, arthritis of spine.

It is not that I have many little disabilities adding up to 60%, but rather, under "new ratings schedules" (dated September 26 on a letter I received,) I am rated at 60% for the combined effects of degenerative disc disease.

I have been advised by my VA rep, that I will have my pay lowered to 60% if I am gainfully employed at the same job for 12 consecutive months...but I will still get the 60% rate, and not be lowered to zero because my conditions are permament and will undoubtedly continue to worsen, even if they get better for a short time (as in my case, immediately after surgery.)

So, what I plan to do is work part-time for the next year to see if I can succeed at that. If I remain pain-free and physically able, I shall attempt full-time employment...perhaps find a way to work from home if that is an option.

Long story short, my Va rep has told me that if you are 100% IU, you can indeed receive ChampVA, ID card, educational benefits. He did not know why others were declined; perhaps they have not been rated as IU for long enough. I was disabled in 2002--after filing 2 different claims, I was granted IU in 2005, and it was made retroactive to 2002. Since 2002, I have attempted to work at 3 jobs. I had to quit them all, because of episodes of incapacitating pain, and I had not earned enough vacation/sick time to cover the days I needed to take off.

Well, that's where I'm at now!

Sorry Dave, I was responding to a post before yours popped-up.

My letter did indeed state that "no future exams are scheduled"...this again is sort of puzzling because it implies P&T.

But, I think I need to exercise caution in my employment goals. Just because I feel great now, doesn't mean I won't be feeling horrible again in a few months.

As a husband and father, I have always wanted to be the best caretaker and provider that I can be... perhaps it is not in the cards for me to work like I used to.

Looks like the prudent option is to work part-time to see if I relapse into the same pain I have had for 5+ years.

Thanks for your reply, I shall wait and see how my condition does in the short-term.

MY FIRST RATING WAS 50% MY SECOND RATING WAS 100% IU AFTER LOSING MY JOB DUE TO VA PRESCRIBED MEDICATONS I FILED FOR 100% PT AND WAS AWARDED APPX. A YEAR LATER

Great news tiedie4.