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?

[Buck52]

If VA does the right thing  when a veteran has a combined rating of 60 tp 90% using the ''extra scheduler'' for TDIU P&T & later applies for increase or for another SC Condition and has a combined rating of 90% and is rated at least 10% the VA should  take the TDIU away and make the veteran a 100% scheduler rating  &  if the veteran warrants a 60% above the 100% then the veteran should request SMC's...because some times the VA don't mention that.

 

jmo

 

..........Buck

Edited November 12, 2015 by Buck52

[foreveryoung]

I was awarded 100% TDIU P&T first, with 90% scheduler a few years ago. I applied for a few other secondary SC disabilities in the last 20 months and so far was awarded another 50% rating. So currently I have (1) 60%, (2) 50%, (1) 40%, (1) 10%, and (3) 0%, Plus (1) SMC (K-1).

When I received the new rating last month for 50% my 90% scheduler moved to 100%, and the TDIU is not shown on ebenefits.

[broncovet]

Ok, interesting.  I guess you know that ebenefits is usually wrong?  What did your rating decision say?  Did it say that TDIU was being removed since you were awarded 100% schedular?  

Unless you are seeking statuatory SMC S, (100 plus 60)  then it may not make a lot of difference between IU and 100%.  Based upon my experience, tho, VA does not want to award TDIU AND 100 percent schedular, in no small part because they dont want to pay SMC S to Vets.

VA's computers may not even allow 100% schedular and TDIU at the same time, but  you could/should email Iris and ask them what happened to your TDIU.   

[foreveryoung]

Would I even qualify for SMC 100plus 60?

[Chuck75]

If you have one 60% SC'd rating, and the other ratings reach the level needed for TDIU, then you should be eligible for SMC.

A problem has been that the VA automatically "eats" the 60% first. The court cases require that the VA uses the most favorable method allowed by th laws, and eating the 60% first is not always the most favorable to the veteran. To me, from what was shown in the previous post listing the ratings, you should have been awarded TDIU + SMC.  

I'd set aside the 60%, use the calculator referenced in Hadit, and see what the result is.  2x 50% and the 40% certainly reach TDIU levels. The additional 60% single rating

would in theory, to me, meet the SMC S requirement, which is roughly an additional 10% per month, with the SMC K in addition to that.

[broncovet]

Based upon what you posted, you should apply for SMC S, under Bradley Vs. Peake.  While it would appear you meet the criteria, VA is very anal about which condition(s) caused your IU.  Apply anyway, let them figure it out, and appeal if you dont agree.