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When is it best to go for Schedular?

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allansc2005

Question

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!

 

 

 

 

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  • HadIt.com Elder

This is debatable.  Everyone is correct and somewhat incorrect..eh!

to go for the extra % after your 100%  is a smart thing to do,  they will be more $$ in it for you if you qualify for the SMC and also having more % above your 100% helps in case they ever try to reduce your ratings & the higher above the 100% the harder it is for them to reduce  below the 100%  if that makes a lick of sense..'that's the way it was explained to me.

As for as seeking any SMC  My Advise is to go for them  if you meet the criteria for any SMC  file for them.  it adds extra to your total compensation.& any extra sure comes in handy now days.

Here's my educated guess

I was 90% combined plus 10% for tinnitus  and the extra scheduler was used in my TDIU P&T Award, its equal to the 100% but your still considered 90% IU....because I could no longer work b/c of my sc disability and at 90%  they use the extra scheduler to boost the veteran up to the 100% so he can have a decent income. (no complain from me)

OK NOW years later (14) I filed a PTSD Claim & Awarded 70%  ..that qualified me for SMC S.....AND THEY DO HAVE ME RATED AT 100%  ...It's in the little blue circle on e benefits  and in benefits section it has all my disability's  and TDIU P&T is still showing up as 90% combined rating along with the PTSD 70%Rating& 10 % tinnitus  and a second SMC K for E.D  (that I just got)  but its showing 0%service connected   the SMC K is not rated 10% its a separate compensation from your OTHER S.C. Disability's at 0% service connected paid separately at the 10%rate.

.I think Gastone is correct  when you get the 90%combined rating for IU  Then another 60% separate disability  then they makes the IU moot at that point but they do keep your 90%IU in e benefits  at least its still showing up on my e benefits.

Edited by Buck52
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Buck52, I have 100% IU SMC R1, plus other service connected disabilities that add up to an additional 70%. The CUE win added an additional 20% dating back to 1990, and is inclusive with the IU, but not the 70% I listed above.

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  • HadIt.com Elder

 allensc2005,

What exactly is your question? 

There are two different levels under Category R: Category R1 and Category R2.

Category R1: For this category, the veteran must have to have someone helping him every day to perform daily tasks, but that person does not have to be a professional. They can be a family member, friend, etc.

Category R2: For this category, the person helping the veteran must be a licensed medical professional or someone working on behalf of a licensed medical professional. In addition, the VA must judge that the veteran would have to be hospitalized, put in a nursing home, or otherwise institutionalized if he did not have this professional-level care at home.

Note: The amounts shown in the Special Monthly Compensation Rates table for Categories R1 and R2 are the total amount the veteran receives each month if he qualifies for Category R. He does not also receive standard disability compensation or compensation for other categories (except Category K).

 

 

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  • HadIt.com Elder

If your undecided about filing old appeal claims  even CUE or new claims?   I advise you to file for them...let the VA figured it all out...not any worse off now than before  and  they could rate you to a higher paying SMC? It all depends on the severity of the  S.C.Disability

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