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100% Schedular Vs. 100% Tdiu

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vaf

Question

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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  • HadIt.com Elder

FLHRCI,

You stated;

TDIU will offset his retired pay so its is no gain...it would get me additional benifits but it wouldnt get me any more $$$$ and There is a hell of a difference if your a retiree drawing a military retirement check, TDIU will of set it while 100 schedular will not

If a veteran is rated 100% due to IU, then the veteran receives their full 100% payment from VA and I think 3/4 of their retirement pay (providing the veteran is retired based on 20 plus years as Rickb54 stated). The reference to 2009 you made is the acceleration of being able to receive both 100% IU and retirement. Starting in 2009 the veteran will receive both their full VA 100% IU and their full retirement check This past fall congress was going put in a provision in the 2007 Defense Authorization Act to fully fund full concerrent receipt for 100% IU veterans and their full retirement pay, which was going to be back dated to January 1, 2005. However, that never happened because both houses of congress couldn't reach a comprimise on how to fund it :-(

So, I don't know where you come up with the assment that if a veteran is 100% IU there is no gain finacially. The veteran is paid the 100% rate plus a portion of there retirement, and starting in 2009 they will receive both.

Vike 17

Edited by Vike17
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FLHRCI,

You stated;

TDIU will offset his retired pay so its is no gain...it would get me additional benifits but it wouldnt get me any more $$$$ and There is a hell of a difference if your a retiree drawing a military retirement check, TDIU will of set it while 100 schedular will not

If a veteran is rated 100% due to IU, then the veteran receives their full 100% payment from VA and I think 3/4 of their retirement pay (providing the veteran is retired based on 20 plus years as Rickb54 stated). The reference to 2009 you made is the acceleration of being able to receive both 100% IU and retirement. Starting in 2009 the veteran will receive both their full VA 100% IU and their full retirement check This past fall congress was going put in a provision in the 2007 Defense Authorization Act to fully fund full concerrent receipt for 100% IU veterans and their full retirement pay, which was going to be back dated to January 1, 2005. However, that never happened because both houses of congress couldn't reach a comprimise on how to fund it :-(

So, I don't know where you come up with the assment that if a veteran is 100% IU there is no gain finacially. The veteran is paid the 100% rate plus a portion of there retirement, .

Vike 17

Like you said, "paid the 100% rate plus a portion of there retirement,"and starting in 2009 they will receive both

I rest my case

Edited by FLHRCI
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