tdiu Does 100% P&T Rating = TDIU

[Big Country]

Crazy Question:  If you are 100% Permanent and Total, are you then TDIU?  

[Buck52]

I am 90% combined with ''Extra Scheduler'' TDIU P&T Rating with no future exams...After I had it ten years the VA Sent me a letter telling me its not necessary  to send in the unemployment questioner....I have not sent one in in 3 & 3/4 years

I am 63

Although I have recently submitted a new claim for PTSD /OSA...IF Approved I'm hoping that will put me up to the 100% P&T Schedule rating  and wishing it to be enough  to quality for HB.

if I don't die first  waiting to find out.

 

....................Buck

Edited December 26, 2015 by Buck52

[HorizontalMike]

I am 90% combined with ''Extra Scheduler'' TDIU P&T Rating with no future exams...After I had it ten years the VA Sent me a letter telling me its not necessary  to send in the unemployment questioner....I have not sent one in in 3 & 3/4 years

I am 63

Although I have recently submitted a new claim for PTSD /OSA...IF Approved I'm hoping that will put me up to the 100% P&T Schedule rating  and wishing it to be enough  to quality for HB.

if I don't die first  waiting to find out.

....................Buck

Boy Buck! You are voicing my same concerns, at least going forward!  ME, same age, 70% schedular and 100% TDIU, as of this month.  I have been researching the part about the annual unemployment questionnaire requirement, AND I WOULD NOT WANT TO RISK NOT SUBMITTING THAT ANNUALLY. 

Finding several incidents online where VA does not send out the questionnaire but STILL dings the vet for not submitting on time, thus kicking off another round of C&P exams, possible rate reduction, and possible suspension/delay of your 100% monthly TDIU (thus kicking you back to Schedular Rate. It is NOT the responsibility of the VA to make sure they mail you the form, BUT it IS your responsibility to submit it annually.  Just saying... 

My problem may end up being that my lawyer wants to stop at only getting the 100% TDIU from getting a single disability rating to 70%, and thus skipping the MDD and OSA cases, either of which would raise me to 90-100% Schedular. SEE my post about halfway up the page, as to what the lawyer said.

Edited December 26, 2015 by HorizontalMike

[Buck52]

Well I received a letter from the VA ..''.it is not necessary to send in the employment questioner any more''.

so I stopped sending them.

  this has been 3 3/4 years now  so for ''no proposal to reduce ''or any bad that they would do, I get my letter each year telling about my rating and benefits,& if any COLA increase,I know what you mean about not sending it in every year   which I had been doing every year for 10 years until I got that letter & it was right after I submitted  one that I received the letter

I Agree if you never received a letter from VA saying ''its not necessary to send it''  then Definability send it in every year  regardless  if you don't get the letter or reminder,  print off the questioner and send it in to your claims intake center  every year  I use to send my on my anniversary date of my award letter.  check no in the box  date it and sign it.

 

HorizontalMike

I would submit a claim for the MMD & OSA if you have a VA Diagnoses...along with a statement in support of claim   sending in your evidence STR'S any private medical records any VA Notes...you deserve it buddy & your entitled to it...(check out Attorney Chris Attig Comments on Hadit homepage for SA /OSA.) scroll down until you come to it.

I would have to disagree with your attorney  but that's just my opinion and I am no attorney by any means.

  if you have a CIB then you don't have to prove your stressors   they will probably set you up a PTSD C&P...But don't worry buddy if you have the medical records to show as probative evidence  file ASAP. 

Its better to have a scheduler 100% rating  vs a TDIU Rating even tho they pay the same & if you get a high enough rating over what you have   then you qualify for SMC's... An 80% combined rating TDIU, you would need a rating of 60% to jump you up to the 100% scheduler    and then an extra 60% for SMC's.

Like me I have a 90%combined rating using the Extra Scheduler &  jump me up to TDIU P&T Disability chronic in nature with no future exams scheduled .

I would need a 50%increase to get the 100% schedule rating using VA Math.  and then another 60% to qualify for SMC'S so I would need a  over all 70% increase to make it SMC's  and then there's no guartee they would award it but usually when a veteran is rated that high of disability% they are suppose to infer the SMC's

This is not'' opening up a can of worms'' or ''rocking the boat''  if you have these disability's and they are caused from your prior military service  get them SC & definitely  file for them...sooner the better buddy.

jmo

 

.........................Buck

 

Edited December 26, 2015 by Buck52

[Buck52]

HoriztalMike

As for as SSDI  if you paid into the system over the years & have enough credits you should be able to get SSDI ..my problem with that I never paid into the system the last 12 years because I became disable from my military related disabilty's I was an idiot and just never filed for it in time &when I did file I was denied twice and fighting with VA During this time, but after I turn 62 I filed for SSR ''social security retirement''....so I think its different rather or not you can get SSD  opposed to getting the SS Retirement...my retirement is less than what SS Disability pays but it helps.  along with my VA TDIU  is pretty good income.

My SS Retirement is 953.00 monthly. & my spouse is on SSDI also  she is 61 but she gets more than my SS Retirement  I guess because she made more than I did....or SSDI Just pays more? IDK?

 

............Buck

[SecurityForces03]

On 12/9/2015 at 0:26 PM, Vync said:

Here are a couple of VA links which help explain it:

http://www.benefits.va.gov/compensation/claims-special-individual_unemployability.asp

http://www.blogs.va.gov/VAntage/17608/individual-unemployability-understanding-basics

and probably the best explanation:
http://www.veteranslawblog.org/tdiu

 

Also, if you are 100% P&T, as long as you have not been deemed Individually Unemployable (IU), you can still be employed. However, if you are deemed to be IU (100% or not) and the VA learns you are gainfully employed, that would be a problem.

Curious. What happens if you are working and have claimed IU? I have not, but I do know of some people that are 100% IU and are still working. I know P&T at 100% you can still work, with no problem.

[Guest]

2 hours ago, SecurityForces03 said:

Curious. What happens if you are working and have claimed IU? I have not, but I do know of some people that are 100% IU and are still working. I know P&T at 100% you can still work, with no problem.

Only a person rated 100% shcedular can legally be employed. The P & T is just extra benefits for veterans and their dependents. If a veteran files a claim for IU and is still working making over the limit of SGA (Substantial Gainful Activity) the claim will be denied.  If the veteran is making less than the SGA the veteran claim maybe granted but it also may be denied.  If a veteran continues to draw IU and work at the same time, he/she run the risk of being re evaluated and a reduced rating is possible. I may be off but I think the SGA for 2016 is around $1090.00 a month or around $13, 080.00 a year.

 

The 100% rating cannot be for a sole mental health issue.  Keep in mind that under the twenty year rule (20 year) any rating decision can be re evaluated.

Edited January 15, 2016 by pete992