IU or Scheduler

[TLaff]

I am presently 30% Cervical, 40% Lumbar, 70% MH, 30% Headaches/Migraine I applied for IU and got copies of my C&P Exams and they flat out change my ratings to 60% Cervical, 40% Lumbar, 70% MH 50% Headaches/Migraines that puts me at 0ver 96% on the Calculator not to mention Examiner states i have Radicolpathy in all 4 extremities which would be an additional 10%,10%,10%,10%.

My question is if i applied for IU and now according to C&P exams i am 100% scheduler will they give me the Scheduler automatically or will they just keep me at the IU because thats what i applied for??

[Gastone]

I was 90% since about mid-2010, got a DRO IU T& P NFE Award 06/14 EED to 2010.

01/03/16 E-Ben SC Award info no longer showed my IU Status, a 100% SA T & P NFE Increase had been Awarded mid 12/15.

If you get the 100% Scheduler Award Increase, the IU claim or Award would be "Moot."

Semper Fi 

[broncovet]

I had applied for IU, and was awarded 100 percent schedular, instead, and the TDIU was declared "moot".  I appealed (the "moot" of IU, in pertinent part), based on the fact that:

1.  An IU award could result in an earlier effective date and

2. An IU award could result in SMC S, under Bradley vs Peake.

The Board agreed with me and specifically stated that IU was "not moot", for the reasons above.  

However, I have not been awarded TDIU as yet, it is still currently under remand/appeal, since IU was "denied" a second time, for different reasons and bases.  

The VA has a duty to maximize our benefits..and not just "pick" the route that results in the lowest benefit amount.  Bradley vs Peake made TDIU "not moot" for some VEts.

I can tell you that VA does not like it.  They would rather submit to a Root Canal without anesthetic than award me TDIU.  However, I have a lawyer on my side.  

This specifically occurred, in my case, because I applied for IU in 2002, and they didnt even bother to adjuticate it until 2009.   They accomplished this by shredding my TDIU claim.  

If you already get SMC S, and you dont think your TDIU would result in an earlier date than what you have now, (for 100%), then I agree TDIU would be moot and forget about it.