Iu And P&t

[sbrewer]

What are the differences between IU and P&T? Is there a link for the two, also what does schedular mean?

Thanks,

sbrewer

[Alex]

IU = individual unemployability, which is a program VA uses to add on to a 70 or 80% evaluation so that the veteran is paid as if he were 100% service connected. This benefit is granted when service-connected disabilities preclude obtaining or retaining substantial gainful employment (defined as $9,000 or so)

T & P = a total (100%) and permanent disability

Schedular = The VA rates claims on a rating schedule. Schedular this means as rated in accordance with the schedule.

Alex

[Guest rickb54]

actually you can be rated total & Permanent even when you are rated individual unemployability.

To be rated total & Permanent is the va's way of saying your not going to get better. You could be rated 100% and not be total and Permanent.

If your not rated 100% and have unemployability you must be rated total & permanent to get the ID card and many of the state benefits, as well as dependant education.

and individual unemployability can be awarded even when someone has 10% disability under special cercumstances but it usually is awarded to someone who cannot work and are they are rated at least 60% to 90%,

[sbrewer]

Thanks guys

Don't you have to be P&T to get Champva and DIC or could you be either IU or P&T?

Sorry but I still do not understand what schedular means.

Thanks,

sbrewer

[Berta]

Here is CHAMPVA criteria:

Eligibility

To be eligible for CHAMPVA, you cannot be eligible for TRICARE/CHAMPUS and you must be in one of these categories:

the spouse or child of a veteran who has been rated permanently and totally disabled for a service-connected disability by a VA regional office, or

the surviving spouse or child of a veteran who died from a VA-rated service connected disability, or

the surviving spouse or child of a veteran who was at the time death rated permanently and totally disabled from a service connected disability, or

the surviving spouse or child of a military member who died in the line of duty, not due to misconduct (in most of these cases, these family members are eligible for TRICARE, not CHAMPVA).

from their web site at http://www.va.gov/hac/forbeneficiaries/champva/champva.asp

DIC is Dependency and Indemnity Comp- death compensation for survivors when the veteran's death is determined as service connected due to SC directly causing death or materially contributing to death,as proven with medical evidence.

I think you mean Extraschedular ratings? 38 CFR 3.321 (B) (2005)

These are "unusual" cases, per NVLSP- exceptions to the rule-

The regs on these types of claims were set to change per the VBM 2005 edition.

Brambley V Principi shows what extraschedular means:

http://webisys.vetapp.gov/isysquery/irl29a3/6/doc

In my opinion- a vet is much better off filing a TDIU form and supporting TDIU with medical evidence and any employment or Voc Rehab evidence they have -

rather than depending on a total SC award due to extraschedular criteria.

There are other conditions also for DIC awards :

38 CFR 3.312

[Hoppy]

I will try schedular,

The rating schedule assigns a rating to a specific set of symptoms. For a leg that won't fully bend the schedule will call for a percentage of disability such as 20%. For a leg that is amputated the schudule assigns a rating such as 30% depending on how high or low the amputation is. Above the knee below the knee etc. tdiu is not referenced as part of schedular ratings.

Many veterans are 70% schedular based on the schedule and 30% tdiu for a total of 100%.

Hope this works for you.

[Berta]

I posted a BVA decision today under Migraines for Renee that is good example of schedular rating.

The veteran's migraines were service connected at 50%, the highest rate for migraines under the diagnostic code-but the BVA awarded TDIU because of the effect to the veteran's employability-