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?

[foreveryoung]

Good Morning and Thanks Pete992 for the info.

Do you know if since I have been paid at the 100% TDIU rate, does any of that change due to the new rating?

[Gastone]

When you received your IU award, was "No future Exams Scheduled " included after the T & P?

Let us know how your New Award Letter reads. Vets 55 aren't supposed to be Diary Dated for re-exam. Filing a New claim for a Secondary issue wouldn't necessarily change that. At a recent C&P, the Dr just put down SC regarding the primary condition on the DBQ. If your 65+ and awarded SC as a New or Secondary Static Disability, it's considered a permanent award and no re-exam would be in the future, unless you applied for an increase.

Your New Award will put you in the land of SMC. Get busy getting educated regarding what you might be eligible for.

 

Semper Fi

[Gastone]

Forgot to add, your monthly Comp is the same for 100% SC Scheduler as it is for any SC% 60-90 rated as IU, even if not T&P.

Semper Fi

[broncovet]

What did your decision say?  Did it say that your new "schedular" rating eliminated your TDIU?  If it did, and you did not get SMC S, then you should consider appealing.  The VA has a criteria for "reductions and severances", and if they reduced or severed TDIU, you can appeal.  

I appealed, in part, because the VARO said TDIU was "moot".  The board agreed with me, and said that TDIU was "not moot" in light of Bradley vs Peake and eligibility for SMC S.   They remanded IU, and VARO denied it again, devising a "new" denial equally as bogus.  Its "back to the BVA" again.  

[brokensoldier244th]

I am scheduler and SMC-S. I don't plan on working, but there may be other vets that might see/hear that 'scheduler' clears them for work that they are able, but a 100% mental decision, based on the definition in the CFR seems to preclude that, in that case. Am I right, or is this one of those areas where angels fear to tread in VA parlance? 

 

[broncovet]

There has been a discussion before on "working while 100% schedular" for mental issues.  

The consensus is "its a gamble".  

The criteria for 100% mental includes the term "total occupational" impairment.  

If you go to work with 100% PTSD, then you dont have "total occupational" impairment, as you are working!  

However, the CFR's explain its an "AVERAGE impairment in disability", so its possible, if you you have two amputated legs that you still may be able to be in the 1% category who can run a marathon with 2 amputated legs.  

In the same way, a mental health patient could also "overcome" his disability and go to work, but the VA will likely say you "improved" under ordinary conditions of life".  

The problem is, the amputee's legs did not grow back, but the mental health patient is an "unseen" disability, so its hard to quantify what we can not see, and its open to interpretation.  

Each Veteran needs to decide if they think its worth the risk of losing their benefits to work.  

I personally think its ok to "work" cutting the neighbors grass and shoveling his walk as that is "marginal employment" and not Substantial Gainful employment.  Its probably also ok to sell Christmas trees for the Boy Scouts for a few weeks and push your mental health appointments after the first of the year, because the 1500 hundred you earn is not gonna be close to the MAPR.    

But, if your old employer calls you to come back to work full time and do an economic analysis of the impact on FNMA on our economy for 4 years, then you need to decide if you think your job is more important than your disability payments, and if you could actually keep the job up, juggling your mental health appointements around your employers schedule.