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Buck52

request the 100%schedule Rating From combined IU Rating?

Question

 Calling All Hands on Deck,

Anyone know what the VA Form # is to request the 100% scheduler rating be given & the IU to be moot?

As I understand  when a veteran is rated for combined IU/with P&T and no future exams schedule and his S.C. Disability is of nature not expected to improve in his life time.

The Criteria is,a when veteran has a combined scheduler IU Rating & the veteran has another separate rating of 70% or higher   he can request the 100% scheduler rating....the R.O, is supposed to do this at the time of the separate rating but the fail to do this and the Veteran don't know he can request the IU to be MOOT and given a 100% schedule rating.

This would change things for the veteran  if he was/is able to do some kind of work he could add to his family's income.  & Not be worried about for getting to send in the aggravating 21-4140-1  Every freaking Year.

Anyone know the FORM#?  or more information on this?

asknod, broncovet, Ms berta, j basser, Gastone, Vync, Ms Tbird???  & other knowledgeable members.   please feel free to chime in here.

 

Thanks

Buck

Edited by Buck52

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Hey Buck,
I don't know the specific form number, but I did find these regs regarding IU and working. I'm not sure if they are what you need, but they do include info about going from IU back to work and the provisions required. Hope this helps!

38 CFR 3.343 - Continuance of total disability ratings.

38 U.S. Code § 1163 - Trial work periods and vocational rehabilitation for certain veterans with total disability ratings

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If any of your conditions have worsened, then ask for an increase.  Im guessing you want to do this because you fear TDIU will be dropped past your age 65 in the future.  

So, if it eases your fear (even tho its probably unwarranted), then go ahead and ask for an increase on all your disabilitiies that you think have increased OR ask for compensation for "new" primary or secondary disabiities that you may have to try to get the combined total to 100 percent without TDIU.  

Its okay for you to explain in your application you desire an increase to become 100% and "not" TDIU.  

A few years ago I appealed a denial which stated "TDIU is moot" and won.  I expained it was "not moot" because it made me eligible for SMC S under Bradley vs Peake, and that it could result in an earlier effective date.  The board agreed with me, remanded the case and specifically stated that, at least in my case, the issue of TDIU was "not moot".  

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I have the understanding that when I veteran has another S.C. Disability separate  from His combined IU  ...To use the extra scheduler  and the separate rating is 70% or higher  the R.O. Is suppose to make the IU Moot and give the veteran the 100%schedule rating

I   read this on one of HILL& PONTON (Disability Attorney's) web site

They Do give the statutory SMC S but SMC is not a rating its an addition paid  to a separate S.C. disability. 

A lot of times more times than not   the

R.O. Fails to let the veteran know he can get the 100% schedule rating and request the IU to be moot...but the veteran has to request this.

There is a form for this? I need to know what form #?

What this would do is let the veteran work (IF ABLE TO FIND SOMETHING HE COULD DO) and not have to send in the 21-4140-1......without requesting an Increase.

I understand the increase part but this is a different baby  after the Veteran has a Separate rating 70% or higher and is already getting IU  and is given the 100%schedule rating.

The IU is suppose to be moot  and R.O. Sends out a letter to the Veteran for his EOB. & Letting him know his ratings and what other programs he  may qualify  for.

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I have the 90% Combined 90% rating using the extra scheduler and awarded the TDIU P&T  for some unknown reason I was not given the 100% at the time I was Approved for the IU   B/C was a greengo back then and never knew I could request the 100% rating b/c my disability did show the criteria for the 100%rating back then 16 years ago. and Hench the 90% TDIU P&T

Anywayz

  I now have a  have a separate PTSD 70% rating  and was granted the SMC S   since two years now

  R.O. Awarded that with this separate 70% PTSD Rating as a Statutory rating  but failed to make the IU Moot and give the 100%

Although on e benefits EOB it says I have a Final degree of a  100% rating.

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