tdiu Tdiu Vs. Ui At 70%

[mountain tyme]

I read in one of Berta response to another topic..."If the disabilities begin to add up to 70% SC the VA will consider TDIU"

So what if someone has one condition that is rated at 70% alone. And the Veteran is receiving the 100% rate of compensation based on UI (unemployability). Could that Veteran then apply for TDIU for P/T?? I am confused on this part and I have been reading posts trying to figure it out.

my way of thinking is if a VEteran is rated at 70% (first time around) and then receives at the same time rate of compensation at 100% based on UI, isn't the VA conceding that the Veteran in unable to work? And if that said Veteran has not been able to work any job in the last 8 years due to the effects of there service connected disability could the Veteran apply for TUID for P/T.

I hope I explained my question clearly.

Thank You

MT

[calnight]

on my award letter it said nothing about p&t or further exams. I did get chap 35 booklet and info for champva. I called my serice rep to make sure it was p&t and he looked on his computer and said it was p&t. also got champva for the wife and kids. so is this the way the va is doing it now not stating p&t or no further exams or is it that my varo does it differnt than others. I doubled cheked my award letter and said nothing about p&t or no further exams. and dont you have to be p&t to get chap 35 and champva? let me know if i need to really make sure I am p&t. thanks

[Ricky]

You have to remember that the VARO "sometimes" (hahahaha) makes mistakes. I have received award letters in which the grammar made it look like the letter was written by a 5 year old. I have also received some that contained the same paragraph twice in which I was awarded 10 percent in the first paragraph and 29 percent in the second one. Yep 29 percent.

If you have champ, education benefits etc...... it is P/T. The oversight and quality control at the VA is crap. If I were the service center manager, since his signature is on all the letters, I would surely do quite a bit or quality control and crack the ole whip. I mean if my name is on such a valuable document as a VA rating I would want to insure that it was proper and in accordance with the law. The problem is they have idiots performing quality control functions over idiots.

The bottom line is we all seem to get hung up on the "P/T with no future exams scheduled" statement. All this means is that they do not require any future exams at this time so none have been scheduled. Keep in mind that the VA by law has the authority to re-examine you at any time in order to insure that your disability has not gotten better or worse. So the statement "with no future exams SCHEDULED" means just that none have been scheduled at this time, however, just because they have not SCHEDULED any does not mean they can not perform one later on.

Edited August 26, 2007 by Ricky