Claim Decision - Total & Permanent but.......

[tom91]

Based on Ebenefits, they have closed my open claim and awarded me additional ratings. I was already 100% combined; however, when I go to Documents/Records and retrieve a VA benefits summary letter, it shows YES for 'You are considered to be totally and permanently disabled due soley to your service connected disabilities. The commissary letter goes on to say it is permanent and not scheduled for any future exams.

Here lies my question......would any of these state unemployable if the VA decision was that I am total, permanent and unemployable? I realize this will be all spelled out when I get the yellow envelope in the mail but thought others with experience might be able to let me know what I should see on these.

Thanks!

 

[Buck52]

I disagree a veteran can work and get TDIU P&T

If  a Veteran is awarded TDIU w/P&T combined rating or a rating of 100%

& if he/she is on TDIU P&T then he/she is not supposed to be working, if you work and the you have tax taken from your pay check....VA finds out   be ready for  proposal  to reduce your rating ...some say you can make under the threshold of low income less than around 12000/13000 Yearly...

I Personally would not chance it...besides if your TDIU P&T you can't work.

[Buck52]

Now if the Veteran is TDIU/ P&T with a combined rating less that the 100% and using the extra scheduler ( a) or( b) and has filed another claim on a different  s.c.condition, and is rating a 60% or 70% rating for that one condition the VA takes away the TDIU P&T and awards a 100% schedule rating with P&T...

Now when this happen the Veteran is given the Statutory  SMC -S H.B. rating  and is allowed to work and make so much, that 60% or 70% rating on top of the IU Ratings to scheduled at 100% can go to school...which I never understood? but the TDIU P&T means your not able to work period.

As to which don't make a lick of sense to me

jmo

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

[Buck52]

I was rating with TDIU P&T chronic in Nature with no exams scheduled.

I was at a 90% combined rating with a 10% rating for tinnitus  but that's is still considered a 92 % rating and back to the 90% combined rating using the extra schedular (b) to jump on the TDIU... Years later (14)

I filed another NEW CLAIM and was awarded a 70/% rating...VA took away the IU and gave me a 100% schedule rating and with the extra 70% they gave me SMC-S H.B.....It's an extra 347.15 month with spouse.

The SMC is a Statutory  rating after a Veteran reaches up to or over 160% rating, However the Veteran is still considered to be at a 100% rating.

As I understand it anywayz.

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

[tom91]

I'm trying to determine if the VA decision was to have made me permanent/total AND unemployable, would my letters in Ebenefits include reference to unemployable OR is the letters written as I described in my original note tell me they just put me as total & permanent

[tom91]

to further clarify, I was already and continue to be 100% schedular

[Buck52]

It should say on your award letter rather or not they made you P&T...It may say that on other letters but if it don't have it on your original official award  then your probably not P&T