Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

100% IU P&T Question


ohiobowhunter87

Question

Hello, I'm a new member but have been a frequent visitor to all of the great info on here. I have been curious mainly due to haring a dozen different answers to this question. My question is this, If a veteran who is 80% scheduler with 100% IU P&T is awarded 100% scheduler would the IU then fall away? Would the veteran just be 100%? I have a friend who is in this situation currently and he is bored out of his mind and wanted to at least try to work or go to school. He understands that there is already a system to do so should he choose to but has heard a lot of horror stories of the VA reducing his benefit just for attempting to do so (a bait and switch if you will) Question 2) He would like to at a minimum like to finish school in essence to be a role model for his kids. If he is 100% IU would he still be eligible to use Voc Rehab even with no intent to return to full time employment? Thank you in advance for your time and answers. 

 

Semper Fi

Link to comment
Share on other sites

5 answers to this question

Recommended Posts

  • 0
  • HadIt.com Elder

If that IU falls away and you're 100% then you can legally work even with the VA rating, as long as you don't have your 100% rating for a mental disability.

Link to comment
Share on other sites

  • 0

I work at a community college and have a lot of 100% and 100% unemployable students that are taking full course loads.  I also believe you can work up to 19 hours a week on unemployable. This is ment to give you hours to volunteer or work part time so you don't go stur crazy.  As for your friend using voc rehab that would be a no UI means not ch 31.

 

Link to comment
Share on other sites

  • 0

The crazy one here, it really doesn't matter.  If the veteran is  being paid IU he cannot legally work.  If the veteran is 100% scheduler, if s/he attends Voc Rehab, VA will decide that the veteran is capable of returning to work and propose to reduce his/her rating depending on what his/her disabilities are.  The purpose of Voc Rehab is to help an individual return to work. As Broken said  a veteran can legally work at 100% scheduler but even that runs the risk of VA proposing a reduction in his/her combined rating. If the veterans gets an increase and VA determines that the veteran combined rating reaches 100% than there would be no need for the veteran to be considered IU. Keep in mind that the veteran can get SSDI for his service connected disabilities and just find a good hobby.

Edited by pete992
  • Like 1
Link to comment
Share on other sites

  • 0
  • Moderator

Va is highly unlikely to award 100 percent schedular when you are IU.  They regularly deny and say its moot.  Im in appeals at the CAVC, in part, because of the obverse:  Im already 100 percent schedular and seeking IU as that will mean an earlier effective date.  

So far it looks like VA will win in that I wont get both at the same time.  However, since mine involves an EED, I could get IU up until xx date and then 100%.  

My bva decision made it clear they would not award IU when I was already 100%, but indicated I could seek same at different periods of time.  

Link to comment
Share on other sites

  • 0

interesting....Asknod's recent CUE posting here covers some of the same situation but this is a vet who had a high level of SMC.

The VA now says "moot and academic" regarding TDIU if there is already a 100% SC standing.

But the GREAT CUE decision here Alex posted might explain that better.......

"My bva decision made it clear they would not award IU when I was already 100%, but indicated I could seek same at different periods of time."

Yes, the BVA gives us clues sometime. They gave me a clue in a old BVA decision....that claim's theory of entitlement was denied , and I didn't really pursue it with evidence, because I had subsequently won on a different theory of entitlement at the RO level and thus BVA rendered the case moot because of the RO award and I didn't know I could have withdraw the BVA appeal.

In the decision they gave me a clue....a legal clue..... I used that decision to fight another claim I had.

It was a legal BVA clue. I already explained that here. The clue became $59,700 bucks in 2010.

Boy was my RO pissed.

Because I called the OGC and they, like the BVA, can read.

Edited by Berta
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines