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Jay

Schedular or IU

Question

I just heard I am getting 100%.  However, I got a SSOC that says denial of IU but moot after a certain date because I would be getting the 100% after this certain date.  When I go to Ebenefits it shows 100% and the letter generator says Total and Permanent with the yes next to it. But no where does it say no more exams required.  Does this phrase come up anymore on the letters or was this the old way?  Am I getting 100% scheduler P&T no further exams?

Any clarity would be helpful

 

 

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The VA changes wording at their discresion . No future exams usually means P and t. In your case they spelled it out for you.  The VA can examine you at any time for any reason regardless of P and T status.

 

J

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Thanks so much for the reply.   Are you saying then there is no further exams (unless they change there mind again)? And why would they say it is a moot point when they denied my IU but they didn't say anything about granting me 100% in the SSOC it just showed up on Ebenefits and the bank account?  Is this then considered by default a scheduler award and not an IU award?

 

 

Edited by Jay

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The VA is consistent in it's inconsistency. 

There are several ways to reach 100%, with the simplest being a single disability rated at 100%. Next multiple disabilities can be rounded up to 100%. Finally, TDIU basically says that a combination of disabilities results in total disability, even though VA math does not produce a 100% scheduler rating, but is above a lesser %, or the combination and type of disabilities results in total disability, even though the rating schedule may not agree.

If that's not confusing enough, start investigating SMC ratings! 

It can be arguable that TDIU might also apply when there is a 100% single disability and separate disabilities independent of the 100% meet TDIU requirements. The VA generally fights this tooth and nail. This is supposedly an area that SMC was intended to cover. Other that the statutory clear directives, what actually happens seems to be basically up for grabs, due to the VA's inconsistency in ratings.

A favorite bureaucratic stance is - If the "rules" direct, you do it. If the rules "allow", you don't have to, but you can if you want.

The word may in a rule leaves discretion to the bureaucrat, and bureaucrats hate to make decisions that they can be held responsible for.

Edited by Chuck75

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Moot means 100 percent scheduler trumps IU. You can still work while scheduler. You cant work with IU,

 

J

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Congratulations.   It sounds like you got it!  

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Thanks all for your replies.  Yes it looks as though I am getting 100% scheduler an not IU as it is a moot point they said but I will have to wait and see.  I am also wondering if I am going to have future exams or not?  All I read is it marked yes as permanent and total and nothing else. I read on other post that people can see online that they have areas noted that show no future exams I can't seem to find that.  Can you direct me to where that is?

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