ptsd 100% Schedular Vs. 100% Tdiu

[vaf]

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.

[john999]

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

[vaf]

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.

[john999]

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.

[Guest jangrin]

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)

[Vike17]

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

[Brandy]

Vike,

I have a question as well. Does the veteran have to specifically claim for P&T in order for them to consider it? Even if they have already filled a claim for IU?

Brandy

Edited November 11, 2006 by Brandy