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If 100% Does The Va Give You Option Of 100% Or Tdiu

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Rob m

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I may be off track here, still trying to learn but considering my conditions I may/may not qualify for 100% not sure but I don't want to be surprised one day. My fear is that

if I am rated at 100% the VA may not let me work again. From what I understand if granted TDIU, you cannot continue to work.

What I don't want is the VA telling me I can't work anymore. I'd much rather take 90% and have a full time job then 100% and not be allowed to work.

If a person is 100% does the VA given the option of TDIU or not, if given the option I would turn TDIU down.

Sorry for the rambling

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  • HadIt.com Elder

Obviously, you want the 100% sc rating. Generally, the VA does not "give" you anything. You may be entitled to 100% if the severity of your problem(s) warrent. You cannot depend upon the VA to grant what you are entitled to, by law and regulation. You might get lucky, or you might (quite likely,) end up in the appeals process.

Just remember, you need to appeal very promptly if you disagree with the VA's determinations.

I may be off track here, still trying to learn but considering my conditions I may/may not qualify for 100% not sure but I don't want to be surprised one day. My fear is that

if I am rated at 100% the VA may not let me work again. From what I understand if granted TDIU, you cannot continue to work.

What I don't want is the VA telling me I can't work anymore. I'd much rather take 90% and have a full time job then 100% and not be allowed to work.

If a person is 100% does the VA given the option of TDIU or not, if given the option I would turn TDIU down.

Sorry for the rambling

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  • HadIt.com Elder

If you get rated 100% schedular that supercedes TDIU. You can't be TDIU and 100% schedular at the same time. The value of 100% schedular rating is possible HB rating if it is for a single disability. The only problem with a 100% rating is that it can be reduced based on other factors besides not being able to work. If you are over 55 and P&T this probably won't ever happen, but don't stop treatment. If you are rated IU it is darn near impossible to ever get to 100% schedular. As you approach a wall the distance between you and the wall gets smaller and smaller. This is sort of how VA math works. If you are 90% and get another 40% that is 40% of residual 10% which makes 4% and you are still 90%. VA math strikes again.

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I'm not trying to hijack the thread or anything, but this is more of a question than a reply. It's kind of relevant to the original question...

1) If you are granted 100% TDIU, you can go back to work at some point in the future. Right? You just have to notify the VA of your return to employment?

2) If you were at 70% before TDIU, and you get TDIU, and then you return to work does the VA jump you back to the 70% or do they go through the whole C&P and everything all over??

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For the original question. If you are rated 100% schedualar, you can still work. VA cannot and will not say you cannot work. IU is only for those that cannot work due to their SC condition but do not qualify for 100% schedualar. You do not have to apply for IU.

There are plenty of 100% schedualar veterans that work.

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  • HadIt.com Elder

I have learned that the VA will not give anything that is not requested. Duty to assist does not include telling Veteran that they may qualify for additional benefits but must apply or request them.

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  • HadIt.com Elder

Victor

That is a very good question. Let's say you are 70% IU like me. If I somehow was able to go back to work and earn $25 an hour and work 40 hours a week would I still be considered to have a serious MH disability? I am not sure about that since I don't know anyone whoever got IU who went back to work. When you start to mess with the monster who knows what will happen?

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