tdiu Question On Tdiu W/ P&t And 100% Schedular

[Nathan104]

Hello. Have not been on here in a while. But, After several years, I finally got my new rating. As of now, I am 80% schedular, granted the 100% rate due to TDIU, and considered Permanent and Total which makes my dependents eligible for the education assistance and ChampVA med insurance. This is all based off of several condition including postop back, postop knee, sleep apnea, and a few other small ones. Effective date on all this goes back to when I had my back surgery in 2007.

However, for some reason, they did not give me a c&p for my claim of major depressive disorder secondary to my back, and for my claim of radioculpathy secondary to my back. Both of the claims in the decsion letter were deferred pending a c&p, which I just got the appt letter for.

My question is, that I have heard that if you are rated for depression, you can not be considered permanent and total. I do not want to lose the education and especially the med insurance for my kids. But, with a favorable rating on both of those claims, I may make 100% schedular rating. Since I am considered permanent and total now without depression, will they take that away if I am connected and rated for depression?

Is there even a reason to keep on with these claims? Not sure what 100% schedular entitles you to versus tdiu permanent and total.

Any help would be greatly appreciated!

[cowgirl]

Congratulations on your recent award of whats due you. Where did you get your information of not being total and permanent if rated for depression? The VA regulations or guidance I've read doesn't support that theory.

Also, if you want to pursue getting those other conditions connected - thats a personal decision depending on what your needs are. I've read so many hearbreaking stories of veterans needing IU p&t - with only some succeeding, it gives me pause to be thankful.

Not knowing your VA story, its important to remember that 'VA ratings are not protected" until certain thresholds are met. You can search for that here or at the VA website. (I usually always start searching Hadit myself!)

All the best to you and yours.

Cowgirl

[Pete53]

Glad that you won. You can't work if your rating is for Mental but you can be P&T which means they don't think that you require future exams.

[Testvet]

if they awarded you TDIU P&T then you have CHAMPVA and Chapter 35 for the kids congrats the only advantage if you depression would be rated at 60% or higher then you would get a SMC S award that would add about 300 a month to your check being TDIU you should not be trying to work anyway the VA has been known to severe TDIU when they find a W2 or 1099 that you have been working in the previous year and may wind up with a bill for over payment I would not risk the TDIU rating for a few extra dollars if you don't think you will qualify for the SMC S I would ask the VARO to stop further actions and that you are happy with your ratings sometimes it's best not to keep rocking the boat there are situations where it is advantageous to rock the boat if you are trying to get a life threatening condition SC like cardiac issues secondary to other SC issues because if you die before you reach the 10 year mark on your SC issues your wife would lose the CHAMPVA and DIC that they would get after the 10 year mark for non SC issues each case should be handled on individual circumstances there are no set in stone rules to file or not

[broncovet]

I agree pretty much with the advice already given. I seem to recall an attorney, the late Alex Humphrey say something about that if you are 100% P and T, "Take the money and run", in one of his hadit posts. However, I recommend you check on his posts to make sure.

I do think Alex would advocate filing a NOD for an Earlier Effective date, however, if you thought you were 100% P and T IU BEFORE 2007.

IMHO if you strongly feel you should be entitled, to say, SMC, then you should go for it. One way to get SMC is to have a single 100% rating, plus 60%.

Only you can decide if you think you are entitled to more than 100%.

[babyray]

Hello. Have not been on here in a while. But, After several years, I finally got my new rating. As of now, I am 80% schedular, granted the 100% rate due to TDIU, and considered Permanent and Total which makes my dependents eligible for the education assistance and ChampVA med insurance. This is all based off of several condition including postop back, postop knee, sleep apnea, and a few other small ones. Effective date on all this goes back to when I had my back surgery in 2007.

However, for some reason, they did not give me a c&p for my claim of major depressive disorder secondary to my back, and for my claim of radioculpathy secondary to my back. Both of the claims in the decsion letter were deferred pending a c&p, which I just got the appt letter for.

My question is, that I have heard that if you are rated for depression, you can not be considered permanent and total. I do not want to lose the education and especially the med insurance for my kids. But, with a favorable rating on both of those claims, I may make 100% schedular rating. Since I am considered permanent and total now without depression, will they take that away if I am connected and rated for depression?

Is there even a reason to keep on with these claims? Not sure what 100% schedular entitles you to versus tdiu permanent and total.

Any help would be greatly appreciated!

Last month I was rated 100% shedular for MDD, & P&T. I got chapter 35 and champva. With 100% MDD I cannot work.

babyray

[Nathan104]

So, I am to understand that are no additional benefits to be gained by being 100% schedular versus being TDIU permanent and total? I thought you received additional benefits or priviledges by being 100% schedular. If what I have now by being P&T under TDIU is the same, then I do believe I will go ahead and have them drop the claims on those two pending claims. Right now, in my claims letter it does state that Im permanent and total and that no future exams are required.

Im just happy that this is all done. I actually gave up on it for a while and then picked it back up the last month of my one year window. Luckily, I had moved to Texas from Arkansas in that time. The Arkansas VA was a nightmare to deal with.

If there arent any more benefits to be gained, I can be done and that will relieve a good bit of stress. Have another sinus surgery to have in the next month anyways and probably another back and knee surgery in the next year or so.

I appreciate everyones help and if someone can confirm that no additional benefits are to be gained, then I will let it go at that.

Thanks everyone, and Great thanks to God as through him all things are possible. Do not give up. Keep up the fight!