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Tdiu Rating -

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gloworm

Question

CURENTLY RATED 70%, 30%, 30%,30%,10% - MILITARY SERVICE

100% - 1151

SENT CLAIM FOR IU FOR MILITARY SERVICE CONNECTION - THEY STATED: ENTITLEMENT TO INDIVIDUAL UNEMPLOYABILITY (IU) IS MOOT GIVEN A SCHEDULAR 100%.

I HAVE RESENT CLAIM IN FOR MILITARY SERVICE CONNECTION FOR IU DECISION ON MILITARY SERVICE - BASED UPON 70-30-30-30-10 RATINGS. I HAVE BEEN ON SSDI FOR 5 YEARS. I HAVE INCLUDED IMO. C&P EXAMINER STATED THAT I WAS ABLE TO DO A SEDENTARY TYPE JOB???? I HAVE BEEN UNEMPLOYED FOR 9 YEARS.

NEED ADVICE ON HOW TO WIN IU BASED ON MILITARY SERVICE CONNECTION????

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I will add my 2 cents.

Berta

I respect your opinion and am very pleased about your statement about the 100 plus 60, where the 60 is added not combined. There was much discussion about this a year or two ago, and I was unaware the courts had decided that the additional 60 was added not combined.

Carlie...

Why would he want to be rated IU if he was 100% scheduler? Well for the SMC, of course.

I agree with gloworm..if he was eligible for TDIU, but denied because it was moot because he was 100% schedular, the "moot" part does not take into account the potential for SMC under Bradley vs Peake. So, yes, it would appear that gloworm could appeal that TDIU was moot, because if he was rated TDIU he would then be eligible for SMC under Bradley.

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