ptsd Total And Permanent Guidelines

[MikeS]

Hi all:

From 8/2002 to 9/2010 I was Total and Permanent at 70% for PTSD TDIU.

I filed a claim for Housebound 9/2010 which was denied but the 70% TDIU was raised to 100% Schedular and Total and Permanent.

Did this change from 70% TDIU to 100% Schedular cause a break in the Total and Permanent guidelines ( like for CHAMPVA and DIC) ?

If not, this August makes 10 years as Total and Permanent.

Is this correct?

Thanks,

Mike S.

[Teac]

Your still at the date of August 2002 for the 10 year. Since 2008 the courts has said that a veteran can be rated 100% Scheduler and still keep their TDIU rating. You may still have the TDIU.

No that is not actually what the courts said. I gather you are refering to bradley v Peake.. The courts said if it benefits a veteran to retain TDIU over a 100% rating so that the veteran can get SMC S.. this would be allowable...Some BVA decisions had stated it was allowable to keep a TDIU award and have a seperate 100% rating if the two were for two different medical issues.

Right now, with the exception of a few BVA decisions that I researched the va is not awarding both TDIU and 100% ratings to veterans....