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    • I don't recall ever seeing a post here on Hadit or for that matter, anywhere else, regarding the NODing or appeal of info in a Vet's C-File. Now I have to look back at my C-File Copies (Paper) received 01/14, check out the cover letter for the "60 Day Appeal" notification. Buck, of more interest to me, how current was your C-File content? If your still within the "60Days," how about filing a C-File NOD, just to see what happens. You can always cancel it or let it Die but we would then know exactly how the RO's handle it. Do we get the option of a DRO Review/Hearing or what? Would be interesting to see the VARO response to your NOD Filing. When I received my Paper File 01/14, last copied pages in the 9 in stack, ended with the Date of my FOIA  Request, about 08/12. I don't recall seeing any Rater's notes, notations on any pages or discussions and I had (2) DRO Hearings pending. I'd have to say, based on my experience reviewing my VAMC Med Record on CD vs  paper copies covering the last 4 yrs, reviewing your C-File for inaccuracies on a CD while not enjoyable, definitely much easier than thumbing through a 1++ Ft stack of paper. Definitely a doable task of a relatively short duration. Semper Fi
    • Natalie, you are right! It is Never about the money. Some people just do not understand what 'compensation' really means. "August 2013 VA deleted my NOD and a new one was immediately filed they claimed it was done wrong lawyer error" That concerns me because : "Discharged in June 2010 claim filed previous month." If the MH issue was claimed in that 2010 claim, I just hope the NOD error does not mess up your EED. ( Claims filed within one year after service, when awarded get the day after discharge as the EED) You sure might want to consider the retro to help with  any IMOs/IMEs you might need. When the SOC comes, you will know more. I am anxious to see what statement they made about potentital TDIU. You have had a Victory!  But it is not a complete victory yet.
    • OMG Andyman that is awesome!  Hopefully it won't take too long to get the retro but I am thinking it might be a bit since it's going to be a big payout.  I can't imagine what that is going to be for 10 years!!!!
    • Tomas89031, Thank you for your suggestion.  I was quite an active member on HadIt years ago, but I had to choose between here and devoting more time to a different board dealing with problems people encounter with the Social Security Disability Process that was in more need of my services.  I chose the latter, and established a section for veterans.  I am not the board's owner, but I am the main Administrator of the site now.  I have been able to recruit a team consisting of a co-administrator (to cover for me, when I am not available) and four Moderators.  The board now runs smoothly and I only step in to be the heavy, and issue warnings to or banning members who violate the Terms Of Service they agreed to prior to joining that board. Now that that board runs smoothly, does not mean that I am leaving it.  I will still do that too, but I am not 'needed' as much as when it was just me and the owner running it.  So I was looking for other things to occupy my time.  Full-time employment for me is not an option as I have been inpatient and wide awake for 12 1/2 days.  On day 8, the Chief Psychiatrist had a meeting with me, and told me that I was on enough medications to sedate two people, but he could not tell I was on anything.  I informed him that in full manic mode, I am unaffected by medications.  Due to my severe Obstructive Sleep Apnea, they were afraid to induce sleep via IV medications, so they let my period of mania run its course until I finally fell asleep for six hours.  Last night was a good example of what I deal with.  I went to bed at 12:30 am after taking my nighttime medications, and the last time I saw the clock before falling asleep, it was 2:30 am.  I woke up at 4:15 am, and I am up for the day.  Per doctor's orders, I will lay down to rest my body around 1:30 to 3:00 pm, but I know I do not normally fall asleep for an actual nap.  This therapy combined with adjusting my daily medications, adjusted according to how I assess my mental state, helps to prevent more frequent breakouts of mania, where I do not sleep at all for days.  Those still occur, far too often than the VA psychiatrists like to see.  That is why they have thrown their hands up, and I was approved for the Veterans Choice program to see Bipolar Specialists outside of the VA. What I am looking for is feedback critiquing my logic and plans for becoming a useful member of society and becoming self-employed: barriers, suggestions; anyone having prior similar experiences, etc...
    • Still haven't heard from the NOVA lawyer, but called his office, lady said that emailing him goes to a general inbox, which he gets to when he can.  I gave her a little rundown, and she said she would email him to look at me emails. Checked ebennies, just for shits and giggles.  Saw that my "entitlement" claim and EED were no longer listed. Checked the dates of SC for my disabilities, saw that the SC date for my feet has been changed to 03/01/2006!!!!! So, now I wait to see what the retro $ looks like.  Still haven't told my wife about the entitlement claim change, or anything else pertaining to this.  Cautiously hopeful...could be a really good summer...  

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100% Schedular Vs. 100% Tdiu

22 posts in this topic

Does anyone here see any advantage to a 100% schedular-rated veteran pursuing TDIU at the point he can no longer work?

PTSD is not a factor here, although organic mental syndrome is (already rated at 60%). Lumbar back currently rated at 40%, cervical spine problems currently rated at 20%, but we have an appeal in and an IMO that stated the condition warrants an increase to 40%. Other conditions too, and I see the day coming when this information will be important for us to have on hand.

Is there any advantage when it comes time to file for SSD, or any other reason that might make it a good idea to do this when the time comes?

Thank you, I value your opinions.

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There could be an advantage when it comes to special monthly compensation. If you are 100% plus 60% you can get A&A.

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I'm sorry, John, do you mean if he files for TDIU? If granted, he would be 100% TDIU, and then his 100% schedular would take him over the required 60%, is that what you meant?

I've looked over the A & A criteria, and fortunately for us, so far, none of it pertains to him.

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Vicki

If he gets 100% schedular then he can't get TDIU. He has to get 100% schedular for one disability and 60% combined for others to get A&A. If he can't qualify for some kind of SMC then getting TDIU or 100% schedular amounts to the same thing. TDIU is 100% pay rate for those who can't work but are not 100% schedular.

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Vicki and John999,

Hope you don't mind a couple of more questoins on this topic. Please.

So if I understand this correctly, its (70%,80%,90%)& TDIU is the same as 100% schedular as far as the pay benefit goes.

100% on one disability plus 60% combined ratings for other conditions gets veteran entitlement to A&A.

Can a verteran get special compensation for drop foot or ED if he has TDIU 100%?or even if he is rATED AT 40%?

Also when a veterans is rated at lets say 70% and TDIU P&T. Is that when the education benefits start for dependents? If not do you know how that works?

Thanks,

Jangrin B)

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As far as money wise, there is no difference between 100% schedular and 100% IU. 100% schedular means that the veteran is 100% disabled because their disability(ies) warrent such a percentage according to the rating schedule. 100% schedular veterans are allowed to work as much as they want, except for 100% awards due to a mental disability. 100% IU ratings are awarded when a veteran has a disability or disabilities that are less than 100% according to the rating schedule and is unable to secure and maintain a subsatntial gainful occupation because of those service-connected disability(ies). Veterans with 100% TDIU rating are genereally excluded from working.

Veterans can be rated either 100% schedular or due to IU and either be permanent and total (P&T) or not. When a veteran is either 100% schedular or due to IU and is scheduled for any review exams in the future, then they are not P&T. If the veteran is either 100% schedular or IU and in not schedlued to be reviewed at sometime in the future, then they are considered P&T. When the VA has designated P&T to a veteran, they are eligible for chapter 35 benefits (educational benefite for their childeren and spouse), and CHAMPVA (medical benefits for their childeran and spoue). Having said that, a while back I think I ran across a regulation that states if a veteran is awarded IU, then by virtue of the IU desigantion the veteran is considered P&T and should be awarded the ch. 35 and CHAMPVA benefits.

Without getting into the whole SMC issue, which can be really confusing, certain SMC awards can be awarded to a veteran if thier disability(ies) are less than 100%, such as amputations of the upper extremities, fingers, and loss of use of the hands to name a few. Another one that comes to mind is SMC "K" due to the loss of a creative organ such as reptile dysfuntion or loss of a breast. Reptile dysfuction warrants a 20% rating and SMC "K."

Vike 17

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