When is it best to go for Schedular?

[allansc2005]

Back in January, I was awarded a CUE and P & T IU, and I have numerous open claims that have yet to be decided, a few of which are remanded cases.

From everything I've read here posted by attorney Chris Attig, you should never just give up after receiving 100%, be it scheduler or IU.

It's also known that with IU, you have to declare every year that you are not employed, and if you fail to report, you're subject to getting a % reduction.

So, in view of this, what are the advantages of scheduler over IU? I have no spouse or kids at home that would benefit from P&T IU.

 

Allan

2-2-0 HUAH!

 

 

 

 

[broncovet]

Not everyone agrees with Chris Attig.   The only likely monetary benefit you can get by continuing your claims is SMC S, if you manage "100" plus an addition 60 percent seperate and distint from each other. 

Of course, an earlier effective date is not out of the question, however.   

You have to decide if you want to make a career out of fighting VA for additional benefits.  

Its possible your wife could benefit from your continued support of claims because she is eligible for DIC if you die 

a.  From a "service connected" condition, or

b.  Die from any condition 10 years or more after you were awarded 100%.  

[allansc2005]

I already have the SMC, no spouse.

Under IU, aren't you subject to being reevaluated, whereas scheduler you're less likely not?

VA took me back to 1990 on the CUE, and 1998 for the IU, so no issues there.

[Guest L]

allansc2005: I too am single and with the legal advice I got, from an attorney on VA Watchdog-  I decided to stop "fighting"  as broncovet eloquently put it.

I have my Navy Retirement & my other pension, along with the VA & SSDi -

I am finally focusing on ME , my physical & mental health. Life Balance. :)

[Gastone]

Then there's the whole no yearly income limitation thing. With IU you have to have an earned income of less that $12,400 per yr under 65.

You really don't have a lot of control regarding the loss of the recently received IU Rating if all of a sudden you get to a Scheduler combined SC of 100%.  The VA considers your IU Award as Moot when you get the 100% Scheduler Rating. You won't see (2) separate Ratings.

I went from being 90% IU T& P NF Exams since 12, to 100% Scheduler 12/15 for SA with SMC S 1.

2 of my main SC's were encompassed in the IU Rating, so no SMC S (1) for me prior to the 12/15 Bump from 50 to 100 for the SA.

That might pose a problem for you if all of a sudden you lost the IU. Your IU (CAD or MH) condition was viewed as being 100% for SMC S (1) qualification purposes. That doesn't play if you become 100% Scheduler, I don't think.

Semper Fi

[broncovet]

Ok, so you are single, TDIU plus SMC S.  So you can choose:

1.  Send the IU form in every year (at least until you have been TDIU for 20 years)

OR

2.  Continue fighting VA for schedular so you dont have to send the form in once a year.  

     Personally, I probably would not keep fighting VA "Just" so that I didnt have to send in a form once a year.  Id send in the form and forget it.  

      As Gastone pointed out, if you think you may be able to make over 10k per year ("earned income"), then it may be worth your while.  Remember, its not against the law to "earn money" from investments such as stocks, bonds, bitcoin and the like and still get TDIU, as many retired or disabled people do just that.  

      For me, it just would not be worth all this effort for no money, since you are already SMC S.  

[allansc2005]

So with the IU, and having additional claims that go back to 1990 that are not included in the CUE and IU, it's not worth it to continue pursuing those claims, especially if they were claims that were remanded back from the BVA?

No monetary advantage if those cases are won?