[100% scheduler and TDIU p&t-How to make TDIU moot]

I am in my mid-40s. My VSO said to request the VA make the TDIU moot and I would be granted the 100% without TDIU because I am currently 100% schedular. He did warn there was a possibility that I could be reevaluated, however small. I have had most of my ratings since 2009. I did have a few increases on my TBI and Neurological condition (but those disabilities were granted in 2009 and raised about 10 years later). I am permanent and total. Either with TDIU, or without TDIU, I am still 100%. No future exams scheduled. I am reaching out on these boards to see if any veteran has been in my situation and had their TDIU become moot and kept the 100% scheduler. Anyone?

[100% scheduler and TDIU p&t-How to make TDIU moot]

Yes, I’m a combat veteran. I feel that TDIU had served its purpose and allowed me fix myself and deal with my injuries. I am now ready to work and would like to get the TDIU designator dropped and keep my 100% scheduler. I am just checking to see if anyone has been through this situation before. Thanks for all the helpful replies 

[100% scheduler and TDIU p&t-How to make TDIU moot]

Long story short-I was 90% scheduler and awarded TDIU. Many years later I received 100% scheduler p&t, and the VA kept the TDIU designator. So I am currently 100% scheduler with TDIU and permanent and total My question is, has anyone ever asked the VA to make the TDIU moot? If so, have there been any negative ramifications from the VA because you asked them to make the TDIU moot? I am aware I will loose smc s designator and I am ok with that. My concern is that I dont want to go through another round of c and p exams. I just want the TDIU to be declared moot. 

[100% Scheduler, TDIU, and Permanent and Total]

I appreciate everyones help, I guess I am looking for confirmation so that I may be able to figure out exactly what my rating means/entails. I have read almost every post in the TDIU forum (kidding, but I went back a few years and read a LOT of posts!) and there are many different interpretations. I have reached out to multiple VA lawyers so that I can pay one of them to look at the CFR and possibly any cases or appeals they have handled that may be relatable to my case. I will keep everyone updated! I am hoping that a veteran that has been in my situation before and can provide some kind of guidance. 

[How do I ask my shrink to help me get TDIU?]

I may be of help! I have a good relationship with my mental health provider (psych doctor) and I told him honestly that I could not work due to my mental health disabilities and he agreed as such. Now mind you, we had this conversation after seeing each other for many years. He witnessed firsthand my detonation. However, when I was awarded TDIU the raters may or may not have taken his option into consideration as they cited the letter from Voc Rehab as the deciding factor. As others have mentioned before the Voc Rehab letter is gold. But having the Psych Doctors opinion may or may not have helped. But I always say, the more corroborating evidence or letters, the better! Good luck!

[100% Scheduler, TDIU, and Permanent and Total]

Thank you everyone in this community, I have been successful with my claims, increases, and TDIU because of you all and I will be forever grateful. I am in need of some advice and I hope you all can help me. I started of 90%, then I was approved for TDIU at 90%,  and a year later was awarded 100% scheduler (P&T) and the TDIU designator was kept. No future exams scheduled.

My question now is if I decide to work and make over the poverty will the VA drop the TDIU designator and keep the 100% Scheduler? I have called regional and they are at a loss as to what may happen if I make over poverty wages and every veteran organization has given my different answer; the most common answer is that they don't know.  My next move is to hire a VA lawyer that can help me with this question. I feel that I might be able to work a menial job making minimum wage with like 20 hours a week but I don't know what would happen with my rating. I live in California and am barely surviving with most of my income going to rent. I will never be a homeowner and I am ok with that. Excuse the rant. I appreciate everyones help.Thanks! 

 

[IMO for Permanent and Total?]

Wow, this is a lot of information to take in. Nonetheless, I really, really appreciate you taking the time to educate me on this process. I am still a little confused but I will look into this more asknod. Thanks again. I will keep you updated on what is happening with my claim. The most important aspect of my claim is to get my dependent on educational and health benefits which I believe my disabilities warrant. I will ponder over your advice and make a decision on if what I am doing is in my best interests. 

[IMO for Permanent and Total?]

23 hours ago, Dustoff 11 said:

What VA form did you use to file for P&T as I am just curious as I have been P&T for over 20 years and recent changes in claims and appeals make everything now very different.

I used a physicians questionnaire sent to me from the DAV-after the VA Dr's filled out the form I emailed it back to the DAV. I believe my DAV representative sent it to the VARO as a new claim. When the claim is reflected in VA.gov I will double check for you.

Permanent Disability Request.doc

[IMO for Permanent and Total?]

44 minutes ago, asknod said:

Dear Sir,

One fact is amiss here. Yous stated:

"I filed new claim and was awarded a 10% rating for arthritis, which put me at 100% schedular, but the VA did not make me permanent and total. I have had my ratings for over 10 years, which include 70% TBI (ptsd, anxiety, and depression is lumped under my TBI rating), 50% Sleep Apnea, 30% migraines, 20% Horners Syndrome, and four 10% ratings for scars and arthritis. "

I'm not trying to be picky but this is not 100% schedular. An example is DC 7354 100% for HCV. How about 100% schedular for DC 9411 PTSD.  Not all ratings go up to 100%. Some, like a back injury, top out at 60%. If the "combined amounts" of your disabilities equals or exceeds 100% using the VASRD §4.25, then you have what is referred to as a combined 100%. TDIU is less that 100% but is granted as an "extraschedular rating" to help you achieve a 100% paycheck. 

P&T is a different "rating" than TDIU and is obtained-usually after a period of five years- based on VA viewing the disability(ies) as static with no improvement foreseeable. If you're a charcoal briquette and obviously P&T in fact, they grant it instantly with the TDIU.

A fellow came to me in 2012 and had 15 10% ratings. It takes 22 ten percents to get to a combined rating of 100%. He will never get P&T going this route because the sum of the disabilities doesn't render him unemployable nor "totally disabled" as a doctor would define it. Never let ratings percentages convince you that you are qualified for P&T. I get a lot of my Vets total because one or two diseases combine to render you unemployable. I'll never get them to a true 100% schedular for any one disease but I don't have to reach that argument.

best of luck.

I am not sure what you are asking of me...Let me clarify a couple things. I was rated 90% combined before I applied for TDIU. I applied for TDIU while I was 90% and granted TDIU. During my TDIU claim, the VA awarded smc and smk (for loss of use of appendage and homebound). Ok, so after I am awarded TDIU @90% I put in a increase for arthritis and painful scar. I was awarded 10% for each of those claims. That put me at 100% TOTAL COMBINED. I think the confusion may be my use of the term SCHEDULAR. I am NOT RATED 100% for 1 disability, I am rated 100% COMBINED, but am still getting paid the TDIU rate.

I have edited my original post to reflect the COMBINED RATING which I mistakenly put as SCHEDULAR. Thank you clearing this up, I appreciate it.

[IMO for Permanent and Total?]

UPDATE-

The DAV sent me a physicians questionnaire so that my VA treating Dr's can fill out attesting to the fact that my SC Disabilities were static and permanent (I have the form if any fellow vets would like a copy, just send a DM). I had my VA Psych Dr fill it out, and he confirmed the TBI and PTSD were static with no chances of improvements. My Primary Dr. filled out the form for my other remaining SC Disabilities and he agreed that everyone single SC Disability was static and permanent. I submitted the forms to the VARO asking for a P&T rating....fingers crossed. Should hear back from the VARO within the month.

[IMO for Permanent and Total?]

On 12/15/2019 at 7:21 AM, Dustoff 11 said:

If you cannot find a doctor who will write such an opinion on your behalf as is the case with many vets such as myself you can still file a claim asking for P&T as I did in 2000 for my long term static 70% PTSD (TDIU).  In 2000 I filed several claims including CUE, VA Injury Section 1151 and in 1998 I filed for and received the TDIU award.

In every one of these claims I filed from 1998 to 2000 I also ask VARO to award my PTSD TDIU rating as P&T and they did so in August of 2000.  I argued that my PTSD was over well over 5 years in existence and that PTSD never improves on it's own (according to medical history of PTSD), my older age, and LT unemployability due to PTSD, etc.  There were other arguments that I now cannot remember.

There are so called experts on another forum that constantly incorrectly tell veterans they cannot file for or ask for P&T status and that it will only be granted when an adjudicator determines on their own whim that you are entitled to P&T.  I call BS on that misleading crap being put out to other vets based upon my own 35 years experience.  

The VA may consider your request for P&T as a claim for increase and call you in for C&P exam review of your disabilities so be prepared before  hand and have all your arguments and supporting medical evidence with you at the exam as the examiner may or may not look at it.  Take only copies  to the exam and in your claim quote the 38 CFR rules on static disability of over 5 years and your age of over 55 (if so), etc. 

My information above is not legal advice as I am not an attorney, paralegal, or VSO but only a vet expressing my personal experiences and opinions.  Good luck 

This is great advice. I appreciate the elders helping me out. I will keep everyone updated as to the status of My p&t claim. I will see my psych dr and primary care dr. tomorrow.

[IMO for Permanent and Total?]

On 12/7/2019 at 8:08 PM, Dustoff 11 said:

 

 

Yes, I am 100% schedular now, but I am being paid at the TDIU rate. I do receive smc for erectile and housebound. Thanks for the advice about going back to work and losing those two ratings, I did not know that.  

Dustoff-thanks for the advice, I am going to keep appealing until I get the T and P rating that I am warranted. I am going to follow the DAV's advice about my primary care Dr's filing out the form and sending it back to the rating board and go from there!

[IMO for Permanent and Total?]

I was recently granted TDIU (with a 90% rating) 6 months ago. I filed new claim and was awarded a 10% rating for arthritis and 10% rating for scar tissue, which put me at 100% combined, but the VA did not make me permanent and total. I have had my ratings for over 10 years, which include 70% TBI (ptsd, anxiety, and depression is lumped under my TBI rating), 50% Sleep Apnea, 30% migraines, 20% Horners Syndrome, and six 10% ratings. 

I am hoping that my Dr's will see that my conditions are static and have not improved (they have actually gotten worse) and will fill out a form from the DAV that basically is saying that my conditions are static and not expected to improve. I am going to work with my primary care Doctor first to see if he agrees, if not I will go to my Psychiatrist, and if that doesn't work I guess I will reach out to Dr. Bash or Dr. Anise.

My question is, has anyone had any success getting their 100% combined rating with TDIU changed to permanent and total with a IMO? Any advice is appreciated also. Thanks in advance. If anyone needs any help with their TDIU claim, don't hesitate to contact me as I can assure you that I got it on the first try, with a LOT of help and advice from these forums.

[DAV let my Letter of Intent Expire]

Thanks for all the suggestions and advice. Appreciate it

 

[DAV let my Letter of Intent Expire]

Ok, so I signed I letter of intent with the VA on October 18, 2018. Fast forward to today-I am using the DAV to file my claim. I emailed my local DAV representative at the Fresno VA Hospital all my paperwork on the 1st of October, 2019. I had no response for two weeks so I called the DAV on the 14th and reminded them to file my claim and was assured by the local representative that he would submit my claim. Heard nothing for a week or so. Called today and the DAV representative totally dropped the ball and did not submit my paperwork on time. I have the paper trail and emails and call logs to the DAV. Any advice on what my next move should be? 

I am beyond pissed, frustrated, and generally just angry. I cannot believe this happened. Has this ever happened to anyone before? I am thinking of suing the DAV, filing complaints, contacting the VA and DAV, contacting my congressmen and senator. This reps name is M. Lopez and is a real piece of work. All he had to say was "lets schedule you an appointment for next week and submit your claim". Any advice would be greatly appreciated.