Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Are there any risks of losing 100% p&t if I file for IU?

Rate this question


NamVetJ

Question

I just recently received a decision that I would go from 90% to100% P&T. My VSO recommended that I now apply for IU because there would be an increase in compensation, if granted. My question is this...If I file for IU and get it, would there, indeed, be an increase in compensation? Are there any risks involved, I.e., would the VA reopen my case and reconsider my award, possibly moving it down? Are there any other risks? Incidentally, I filed for IU way back, along with other things. In the award letters I subsequently received, the VA said "Consideration of IU is moot at this time." In the last two letters, there was no mention of IU at all. Any guidance would be appreciated.

Link to comment
Share on other sites

Recommended Posts

  • 0
  • HadIt.com Elder

It looks to me like 100% single condition + 70% single condition more than justifies SMC S.

The others should entitle you to an SMC rating higher than SMC S.

Given the severity and mix of the conditions, I'd suggest that you don't dither in getting things corrected.

Link to comment
Share on other sites

  • 0
  • Moderator

The VA "regurarly" denies IU for 100% Vets as "moot".  However, I appealed this IU denial on 2 bases:

1.  That IU "could" potentialy mean an earlier effective date than my 100% rating, and

2.  That an award of IU in my case would result in SMC S, because of Bradley vs Peake.  

The BVA agreed with me, specifically saying that TDIU in my case was "not moot".  It was a remand for IU, and the VARO denied the remanded IU.  Im currently at the CAVC.  Interestingly, the Board required consideration for both "schedular" IU, and extra schedular IU.  

 

 

Edited by broncovet
Link to comment
Share on other sites

  • 0

Congrats on  your 100% and sorry to hear of your issues. Im in the same boat as you my friend. Last month I finally applied for an increase for my PTSD and applied for A&A, since I have alot of health issues and wife is currently paid by VA to be my caregiver. I too am 100% P&T and have wondered about the extra SMCs, I have just been so scared to rock the boat. It looks to me that you should qualify for quite a few SMCs minimum. I too am no expert as some on here. Good luck and keep us posted. God bless

Link to comment
Share on other sites

  • 0

$$ for IU & 100% SC, Samee-Same. From a 90% SC, the Comp Bump is about $1500 for either 100% SC or IU paid at the 100% Rate. That's where the VA "Moot Decision" comes into play.

If your other SC's, excluding the (1) at a 100%, add up to 60% (VA Math) you get the SMC S (1), about another $350 per month. Without the additional 60%, a vet can still get the SMC S, just needs a Dr to complete the VA Housebound application, same $350 additional.

The Housebound application, works the same way for all US War Era Vets, receiving VA Pension.

Did you get a T & P, No Future Exams on the last award letter?

You indicate that you were previously rated as 90% SC. When (??) you got that Rating Letter, wasn't an "Inferred IU Claim," stipulated? Did you ever file for the IU after receiving the 90 Rating?

Semper Fi

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use