Loose Rating

[Mr.B]

If I put in for an increase to my 100% IU/ 90% T&P to become 100% T&P schedule. Could they decrease my rating if I open up my case. I though if you are T&P the VA cannot decrease your rating. Why I trying to do this is because I have 20 years in service and trying to get my full retirement. I have been retired for the past five years. Please let me know something GOD BLESS.

[Vike17]

Mr. B,

Generally, if you are designated P&T by the VA, then they will not schedule a review exam for those disabilities. However, if you file a new claim, the VA can and sometimes will, take a look see at your other disabilities. I'm not saying they will for certain, but they could do so.

You also stated that you're currently rated 90% but being paid at 100% due to IU. To go from 90% to 100% schedular is a very difficult thing to do. I'm not saying it's impossible, but depending on your individual ratings for your other disabilities, it could be very hard to achieve.

Normally, if your're are already being paid at the 100% rate, I wouldn't go and start filing for additional things unless those conditions were life threating or you could have the possibility of being awarded SMC ect... However, in your situation, I understand why you would due to the concurrent receipt issue. Right now I trhink you receive 3/4 of your retirement pay and the full 100% from VA. In 2009 you'll receive both your full retirement pay and full VA compensation. That is if Congress doesn't pass full concurrent receipt for 100% IU veterans before that. It was suppose to be passed this year with the 2007 Defense Authorization Act retro active to Jan. 1, 2005, but got shot down in some last minute bickering between the Republicans and Democrats.

I guess it's your call!

Vike 17

[Guest rickb54]

Mr. B.

Normally I advocate that if a veteran has a disability that is life threating and if his doctor feels that the condition is service connected then put the claim in, regardless of what his present rating is. This of course with the understanding that the va may relook at all you disabilities.

In you case.. you are motivated by greed. You already draw 100% by way of TDIU, but becaue of concurrent receipt you want to be rated 100% schedular. I suggest you cool it and wait for the laws to change so that you can draw your retirement with TDIU.

It is your call, are you one of those people? you know the kind, the kind that money makes people due funny things.......

[Mr.B]

Rick how do you know if I am motivated by greed. Are you GOD! I just ask a question? I did not come to this board to be judge by anyone. In fact anybody that ask for a increase must be motivated by greed. No, all I want is what is due to me. Yes, some people feel people that served over twenty years of service want something more. No we just want what is due to us by law. GOD BLESS

[john999]

You know the closer you get to 100% from IU the harder it is to actually get 100%. I would say your IU is more secure than a 100% rating.

[Testvet]

sometimes it is better just to let sleeping dogs lay

[Guest rickb54]

Mr. B,

I am sorry to have upset you.... I guess I could have been a little more tactful, but if I had my meaning would still have been the same. It is just that I have never heard of a veteran wanting to open his claim for the reason you stated. Unlike your situtation, most veterans open claims because they feel thay have a valid medical problem and want to be compensated for it.

In fact when the senate was deciding the issue of concurrent receipt, it was stated that one of the reason they didn't want to allow concurrent receipt was because they were afraid retired veterans would submit new claims just to see if they could qualify for concurrent receipt, and this would cause a greater backlog than already existed. I guess what they feared has come to past. But this is the VA's problem.

You are right however, every veteran should get what is allowed by law, I don't fault anyone for that.

Good luck with your claim.

[Mr.B]

There was a number of things in my records that I was told not to claim by my rep. I do not have those 10 percent here and 20 % there claims. I was told not to waste my time with these small issues. I could have been 100% scheduled but, elected to go with IU at the time. They told me that there is no difference. I did not want to clog the system so other could get there claims through. Yes, if you could read post from back in 2000 then you would remeber. Well today there is a difference because they treat IU folks differently. So some of us just never sweated the small stuff because we where getting 100% anyway! The congress created this unjustly act among veterans. I thought 100% ment 100%, but not according to politicians. So this is why I ask the question? Yes, I would like my full retired pay just like all the other vets. We earn that retirement! I could of retired 10 years early, but elected to stay twenty.

[callover007]

Mr. B,

I am a little confused. How, if your being paid at the 100% IU rate, are you still working. You stated you wanted to stay in to get your 20 years. That means you are working and you should be able to stay and get your retirement but not draw IU pay. Please explain as I assume your service MOS requires you to work.

:D-->

QUOTE(Mr.B @ Nov 26 2006, 08:11 AM) <{POST_SNAPBACK}>

If I put in for an increase to my 100% IU/ 90% T&P to become 100% T&P schedule. Could they decrease my rating if I open up my case. I though if you are T&P the VA cannot decrease your rating. Why I trying to do this is because I have 20 years in service and trying to get my full retirement. I have been retired for the past five years. Please let me know something GOD BLESS.

[Mr.B]

I was on tdrl before I retired. Then was retired with twenty years in service. There are alot of vets out their with twenty years in service that cannot work. I have not work since I left the military! No I am not playing the system.

Edited November 27, 2006 by Mr.B (see edit history)

[Testvet]

Mr B, you can do what you want, but just remember you are going to have to find one medical problem that is greater than 50% to get you over the 90% to the 100% level, you can have 6 10% and 3 20% and you will stillnever get the 100% you are seeking

VA math is as strange as they come, that is one of the reasons they have TDIU as some veterans will never ad up to 100% schedular but they are not employable but if any of your ratings are for things they can quibble that they have gotten better you could end up the loser here, just know you are putting it all at risk, the VARO system is under pressure to clean up PTSD awards, otherwords lower them, and find ways to cut the number of TDIU vets

now do what you think you need to do and good luck to you

[john999]

Mr B.

I have one 70% rating and five 10% ratings including the bilateral factor and I only got up to 80%. If I had IU I would just do what I wanted because I don't think they can take the IU away from you, but getting it up to 100% schedular will be hard. If It was me I would get P&T before I did anything else.

[Mr.B]

I am T&P for over five years. Yes I see how hard it would be to over come the crazy VA mathl. I have been away for a while. So you all have been nice. Thank for beating since into my head. Sometimes we just do not see things unitl someone give them a clear picture of the problem. Nice to see you back Rick! Thank You and GOD BLESS