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Decision which way is better

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Jay

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I finally got 100 percent permanent and total with no future exams.  I must give thanks to hadit and to the many people on it for their help in guiding me on the long journey to get to this point.  I have one more request or question do I take 100 percent scheduler with no retro pay or do I take Individual un employability with 50 thousand back pay?  I don't think I'll ever work again because of my disabilities but do I want to leave schedular off the table where I could work again with no penalty.  if I take IU and I go back it would be to 90 percent.  I'm leaning towards IU.

Edited by Jay
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Jay is this an option the VA is offering you? I don't understand how you wouldn't receive retro either way you go. What is your disability/disabilities and the ratings? That will help us understand your question and help guide you in a better direction.

 

Congrats on the 100%.

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Same, Same question? What gives you the impression you have a choice? Your question implies that the VA offered you a choice, I've never heard of that.

Do you have an IU Appeal pending from a 2010 IU claim? I think most Vets would agree, IF given the option, always take the RETRO. You could take the Dirt Nap today or tomorrow, Cash is King.

Scheduler is never off the table, you just file for an SC Increase or for a New Condition that is rated at 50+% if your 90% SC. Then, there is the Land, of the SMC to consider.

Semper Fi

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They gave me scheduler for 100 PTSD for this year then in the same sentence said if i could prove IU at an earlier date (IU was my origina claim) they would back date my claim to early 2011.  I would still get P&T and no future exams.  I have a great chance of proving IU back to 2011. Scheduler is only good starting at 2015.

Edited by Jay
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The crazy one here, I would say if VA is giving you the option I would go for both.  If you have medical records/evidence that you should be awarded TDIU in 2011 then VA should award you that rating.  The medical records/evidence in your claim rating for this year should prove that your condition stayed the same/became even worst so being rated 100% scheduler would not generate any retro pay but the TDIU claim you submitted in 2011 would.  VA is notorious for awarding a veteran 100% scheduler and claim that the veterans' TDIU claim is moot and deny the veteran back pay or a retro payment but this is totally screwed up. TDIU and 100% scheduler pays the same compensation payment but IMHO it is easier for VA to reduce a TDIU veteran than a 100% scheduler veteran.  If you filed a claim for TDIU in 2011 you should be entitled to both ratings if your medical records/evidence warrants them. Hope others chime in.

P . S. In a sense 100% scheduler/schedular is a higher rating even if it pays the same benefits.

Edited by pete992
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  • HadIt.com Elder

I agree with pete992  but if the disability is static or of nature & show no improvements in your life time

Take the IU P&T with no future exams scheduled , you should get retro back from 2011 the date you first  filed for it

The way TDIU is for purposes of rating a veteran  if the disability only warrants a less 100%rating  then they use extra scheduler rating to get the veteran up to the 100%pay rate because he can't work due to his disability's  that are rated below the 100% scheduler & not lower than 60% for combined ratings

 VA should change this because if  a 70% or even a 60% rated veteran can't work because of his disability  then he should be awarded the 100% scheduler

I can't see how it would be easier to reduce a veteran getting TDIU P&T vs a veteran rated 100%scheduler unless  they go by the veteran combined rating because he has a less rating %  vs the 100%

P&T usually means a permanent rating with static in nature  and his/her disability will never improve in his/her lifetime.

I recommend for this veteran to do what is best for him and his family.

Just remember if your rated TDIU P&T you can't be working.

 

jmo

 

.............Buck

They usually state  that on the award letter.

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