100% IU P&T Question

[ohiobowhunter87]

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

[brokensoldier244th]

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.

[Sgt Cox]

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.

 

[Guest]

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 May 4, 2016 by pete992

[broncovet]

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.  

[Berta]

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 May 6, 2016 by Berta