ptsd Benefit Of Tdiu If I'm Already 100% P&t Schedular?

[Inthewind]

I've searched for a couple hours and can't find anything related to the difference between a 100% P&T schedular rating and TDIU. Isn't the compensation the same?

A couple of people said I should be TDIU due to my 70% PTSD/depression, but I'm already 100% P&T, so what would be the difference/benefit other than reduced income from not working?

[carlie]

Old thread I know. To answer the first part of the question, there are differences between 100% schedular and IU p&t. With IU p&t your spouse and children are eligible for ChampVA, chap. 35 education benefits and DIC.

Not without P&T status

[Ebs050]

That is what I posted. With IU p&t you are eligible for those additional benefits.

[Inthewind]

I've been out of commission for a while. This got a lot of answers and definitely answered my ?. Thanks to all that posted!

[GuaymasJim]

ebs050, I have read some posts that seem to demonstrate a misunderstanding of TDIU and schedular 100%. You wrote: "There are differences between 100% schedular and IU p&t." The context of your statements make them incorrect. With the exception of some regulations regarding earned income, there is really very little functional difference between the two ratings. It is not possible to have both ratings at the same time. TDIU is more of an accounting function than a medical determination. P&T awarded for either rating produces precisely the same additional benefits.

I hope the following explanation will clear up the misunderstanding.

TDIU or simply IU= Total Disability based on Individual Unemployability--SC condition prevents THIS veteran from working.

P&T= Permanent and Total--SC condition prevents veteran from working and is unlikely to improve

TDIU P&T has exactly the same benefits as schedular 100% P&T. TDIU can best be defined as a rating that allows a 100% rating for a veteran whose service-connected disability is not usually considered totally disabling according to the rating schedule (written in 1944); but, in the case of that one specific individual veteran, the condition is totally disabling--again for that one specific individual veteran. As I am sure you know, it usually takes either one (1) 60% SC condition or a combination of ratings equaling at least 70% with one (1) of those ratings being at least 40%. Having said that, it is possible, but not at all common, for a veteran to be rated TDIU for any SC rating at any percentage if VACO determines that the veteran cannot work because of service-connected disabling condition(s).

A TDIU rated veteran cannot have earned income above the federal poverty rate with some narrow exceptions. Any amount of unearned income is allowed. A veteran with schedular a 100% SC rating for physical disability(s) can earn any amount of money. If the 100% rating is for mental health conditions, the veteran cannot earn money and keep the rating. Further, any veteran should read and completely understand the definition of their level of disability; as some ratings severely restrict a veteran's physical activity. Even unpaid "work" can, and frequently does, give the VA grounds for reducing a rating. Screwing around with this is extremely dangerous from compensation AND legal perspectives. SMC "S" can be awarded to a veteran with either a 100% SC schedular rating OR a TDIU 100% SC rating PLUS an additional 60% SC disability.

I have been 100% TDIU with a single 60% rating since 1980--P&T since 1985. I was awarded SMC "S" last year when I received two additional unrelated ratings of 30% and 60%. My basic rating was raised to 90%, but did not disturb the 100% TDIU which is protected (P&T +20 years). My family and I have received all of the extra benefits such as CHAMPVA and Chapter 35 since 1985. My wife will receive SC DIC when and if I croak.

In my opinion, getting VA disability compensation at the 100% rate through TDIU (as opposed to multi-condition schedular 100%) makes qualifying for SMC "S" far less complicated than adding up a bunch of 10/20% ratings. Some may disagree!

Semper Fi!

[VAW-126]

Ok so I'm 70% P/T with IU. I filed a claim in Sept 2016 for Aid/Attendance because of the difficulties that I have with daily living. My VA doctor annotated on the Aid/Attendance Exam form that I require the regular aid/attendance from my spouse. In addition to filing for the A/A I also file for increases for my service connected CAD and Lumbosacral Strain with bilateral lower extremity radiculopathy. I filed for sleep apnea and hypertension as secondary to my service connected CAD as well as I filed for Herniated Discs as secondary to my service connected Lumbosacral Strain. My VSO instructed me to file for the increases and new conditions to help with my A/A claim. I have unsteady gait and sciatica due to my lumbosacral strain and several herniated disc. My C&P exam that i had in Feb 2017 appear to be favorable for me in the that examiner noted that the new back conditions were a result of my current service connected lumbosacral strain. It is also noted in the DBQ that my ROM is abnormal/out of normal range as well as I have unsteady gait. Also the Cardiologist noted on my Heart Disease DBQ that I experience at least 3 episodes per month of having chest pain while at rest in which I use nitroglycerin tablets to help relieve. I have read that if you experience episodes or heart disease i.e. chest pain without any physical activity that It would warrant a 100% rating for the CAD. The VSO stated that it is possible that my current 70% P/T could be increased to a schedular 100% P/T and that my heart condition alone could be increased from 10% to 100%.  So with this being said is it still not possible for me to be P/T with IU and schedular 100% P/T? My current TDIU is due to my service connected conditions as well as I am receiving SSDI due to my service connected conditions. My Claim is currently in the Prep for Decision phase. Wish me luck.

My current conditions: Lumbosacral Strain 20%, Right Lower Extremity Radiculopathy 20%, Left Lower Extremity Radiculopathy 20%, Right Shoulder Fixation/Reduction 20%, CAD 10%.

Edited May 2, 2017 by VAW-126

[Gastone]

Then there is this.

2012 thru 12/2015, I was 90% SC TDIU T & P No Future Exams. Mid 12/15, Rating Dept did a Quality Review of an SA Increase Denial from 07/15, SA was increased from 50 to 100% T & P No future Exams. My Jan 3, 2016 E-Ben SC Letters and Status, no longer said anything about IU, the previous IU award is moot. Scheduler 100%, trumps IU.

100% Scheduler T & P and IU T& P get the same dependant Bennies.

Talking IU and Income, 2011 thru mid 15, I was self-employed working part-time with Net Earned Income of slightly less than the SGI. Sent my 2140's in at the proper time, never had an IU problem.

As to being 100% Scheduler for a MH condition. The Vet doesn't have to provide any type of Earned Income info to the VA after the 100% Award, the 2140 is only required yearly, for IU currently to age 70.

Semper Fi