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!

[Testvet]

there is nothing to be gained unless you like stress then appealing a P&T TDIU rating should keep you on the edge of your seat for the enxt few years while they do another C&P and deny it so you can appeal their decision to BVA but if they don't reduce you before it goes to BVA then they most likely won't my advice is unless you are a glutton for punishment get them to close your claim file there is no difference between 100% P&T or 70% TDIU both pay 100% and both give you all the benefits of being 100% tax breaks on property cars free fishing licenses etc most states have additional benefits for P&T vets regardless if it is TDIU or 100% congrats and enjoy life now I hope you have filed for SSD if not this might help your claim

[broncovet]

I have heard some debate about which is better, IU or 100% Schedular. Both pay the same, and both make you eligible for Champva/Chapter 35 for dependents if it is P and T.

In theory you can work with 100% schedular but if you go to work with IU you will likely loose your IU status. However, even the the historic Max Cleland was a congressman and collected 100% P and T at the same time, that is highly unlikely to happen with 100% P and T due to depression or PTSD. There is still kind of a bias built into the VA system. For example if you are a quadrapelegic and you are able to over come great odds and work in spite of your disabilities, you are a genius/hero like Steven Hawking.

However, if you have PTSD/mental illness and are able to over come it and work, the Va is going to think you are a fraud, that you werent REALLY disabled, you conned your doc into thinking so. It isnt fair, but, IMHO that is pretty much the way it is. I think people who overcome mental disabilities, (such as depression and/or PTSD) as well as those who overcome missing limbs, are both heroes. I think it is unacceptable to discriminate against someone who has a mental disability over someone who has a physical disability. JMHO.

One large benefit to 100% Schedular vs IU..you dont have to fill in forms every year to say that you are not working with 100% Schedular. I have heard of people loosing IU because they did not mail in the form certifying they did not work in the past year.

[Nathan104]

I sure appreciate everyones help. I am going to stick with what Ive got and have them drop the other claims. Whew! It feels great to actually be done. I already have SSD. Texas is a great state as when you are 100%, you do not pay property taxes on your primary home. Thats a great benefit when I paid $3000K in property taxes last year. I dont know much about the ChampVA and the education assiatance so will have to look into those. Between my wife and youngest, Im still paying on $7K in med bills from last year so really looking forward to the champva.

Thanks again all for your help. I have received tons of great info from many of you over the last several years. You are all amazing to take your spare time and use it to help other.

For those who are still fighting the fight, hang in there. I almost completely gave up at one point as it had me so angry and depressed but I got back on it and finally made it to the end.

Im only 31 years and got medically discharged from the Army after 8 years of service at the rank of Chief Warrant Officer 2 when I got hurt. I planned on putting in 20 years and retiring at 39. It just didnt work that way. That wasnt the plan God had for me. Im living my life for him now and he gives me strength to get through all things.

Yall take care!

[Testvet]

Nathan depending on what your effective date is you might be able to submit that 7000 dollars in medical bills to CHAMPVA if they were created after your effective date look into it all they can do is say No and if they pay it you will save 7000 dollars that would be a huge bonus

the county also gave me back the money I had paid in taxes for the house and the car back to 2003 when my effective date was now that was a big bonus to me

Edited March 6, 2010 by Testvet

[Cherie33]

there is nothing to be gained unless you like stress then appealing a P&T TDIU rating should keep you on the edge of your seat for the enxt few years while they do another C&P and deny it so you can appeal their decision to BVA but if they don't reduce you before it goes to BVA then they most likely won't my advice is unless you are a glutton for punishment get them to close your claim file there is no difference between 100% P&T or 70% TDIU both pay 100% and both give you all the benefits of being 100% tax breaks on property cars free fishing licenses etc most states have additional benefits for P&T vets regardless if it is TDIU or 100% congrats and enjoy life now I hope you have filed for SSD if not this might help your claim

Testvet,

So, If you are 70% TDIU, you should get the same benefits as being 100% P&T?

When I was awarded 70& TDIU, I wasn't told that I would be eligible for ChampVA or education benefits for my spouse? As a matter of fact, I was told that I would be re-evaluated in April 2010....So, I'm a little confused.. Can someone explain..

Thanks,

Cherie33

[navydoc2]

Cherie33' date='Mar 6 2010, 08:57 PM' post='192300']

Testvet,

So, If you are 70% TDIU, you should get the same benefits as being 100% P&T?

When I was awarded 70& TDIU, I wasn't told that I would be eligible for ChampVA or education benefits for my spouse? As a matter of fact, I was told that I would be re-evaluated in April 2010....So, I'm a little confused.. Can someone explain..

Thanks,

Cherie33

Cherie as I understand it, you have to be total and permanent in order to qualify for chap 35 bennies, ChampVA too.

If you check you probably have a future exam scheduled like me, but you can appeal it within a year.

Edited March 7, 2010 by navydoc2