tdiu 100% TDIU P&T Question

[foreveryoung]

Good afternoon all.

I was rated 100% TDIU P&T a few years back with 90% scheduler. Recently I was awarded a new SC disability rated at 50%, so that moved me to 100% secular, still showing the P&T. 

My question is; does the TDIU go away, and since I was already paid at the 100% TDIU rate, does any of that change due to the new rating?

[Guest]

The Crazy one here, IMHO the 100% scheduler is a higher rating even though they both pay the same benefits. Keep in mind that when a veteran is granted TDIU the veteran combined ratings does not add up to 100%, they only add up to between 60% to 90% and VA pays them at the 100% rating.  Once a veterans combined rating hit 95% the VA rounds up the veterans rating percentages and pay the veteran 100% scheduler. We all know that a TDIU veteran cannot work but a 100% scheduler veteran can.   In a way the 100% scheduler rating overrides the TDIU.  VA normal statement would be like the veterans TDIU claim or rating is moot (not legally relevant)because the veterans combined or overall rating is 100% . Once you get your letter it should explain everything and since you are 100% scheduler you no longer have to send in the Employment Questionaire.

[brokensoldier244th]

What about 100% scheduler where 1 of the disabilities is 100% from the MH, but even if reduced in the future the other disabilities still = 100%? 

[Guest]

This scenario was not part of the original post but if a veteran is rated 100% for a single rating and also has other ratings that add above 60% that does not warrant TDIU it warrants some type of SMC payment.

If you are referring to a veteran is rated 100% for a single ratings but that rating is reduced then VA should consider if the veteran other ratings warrants TDIU but a veteran does not normally carry both ratings.  I guess it is possible for a veteran to have two 100% ratings or a 100% scheduler and a TDIU rating like for 100% mental health and a 100%/TDIU for a cardiovascular condition but I bet this would still fall under some type of SMC payment. Maybe others will chime in and correct me. But this also was not part of the original scenario.

 

[broncovet]

There is a good chance that Bradley vs Peake may kick in and entitle you to SMC S since you have IU and 100 percent schedular.  

[brokensoldier244th]

Mostly seeking to add clarification to the statement that a veteran that is 100% Scheduler can work. They can, but if a veteran is 100% scheduler for a single condition, but works, I would think that they would be re-evaluated- especially for MH issues since the definition of 100% for MH says "Total occupation and social impairment". My other disabilities, for example, would total 100% even if my 100% MH was to improve to where I could work some, but even though I am P&T I don't risk anything, even some P/T work of ANY kind, because of my fear of reduction even if I don't succeed at a not-mentally taxing employment activity. 

Edited November 12, 2015 by brokensoldier244th

[Chuck75]

"but if a veteran is 100% scheduler for a single condition, but works, I would think that they would be re-evaluated"

Actually, a non mental scheduler 100 P&T allows working.  TDIU and mental 100% do not, except under very restrictive conditions.

Any disabled veteran can be re-evaluated.  Occasionally, it even can actually result in increased ratings. If the VA wants to lower the existing rating,

there are several legal hurdles it must overcome. 

When this is done, the VA must show evidence of significant improvement, and be within certain time limits.  "More often than not" the VA fails in some way

to do this properly. Most commonly, when the veteran challenges the change per the VA "process", the VA backs down.