Does the veteran have to ask for scheduler?

[allansc2005]

Got a veteran who is 100% P&T IU, and he was told by his rep he just won 50% for sleep apnea, and 30% for sinusitis. Neither of which are associated with or included in his IU.

Will the veteran automatically be changed to scheduler, or does he have to ask for it?

I don't have any other details but what I've posted here.

 

Allan

2-2-0 HUAH!

 

 

[Buck52]

This is a little long to read but may shed some light.

The benefits that are available for a dependent of a 100% schedular disabled veteran and a 100% TDIU disabled veteran are exactly the same. The confusion comes from the fact that it isn't the rating of schedular v. TDIU but permanent v temporary assignments of the benefits.

Any 100% rated veteran get's the same money and basic benefits. The TDIU rating is simply a recognition by VA that the Schedule For Rating Disabilities (the Schedule) often falls short. The Schedule is where we get the term "schedular" as it applies to a rating. Because of the Combined Ratings Table (CRT or "VA math") some ratings won't make it to 100% by the schedule. Yet those veterans won't be able to hold gainful employment because of their multiple service connected disabilities.

The TDIU ratings process recognizes that and compensates for it by recognizing that there are many vets who are unemployable because of service connected disabilities. In the end, the 100% rating of a TDIU veteran is exactly the same as a veteran who is rated 100% by the schedule.

But wait...it isn't precisely the same...typical of VA. The veteran who is rated 100% by the Schedule is allowed to work. Many veterans who are rated as 100% schedular are working and earning good salaries. The TDIU rated vet isn't allowed to hold gainful employment because his 100% rating is contingent upon his inability to hold gainful employment.

The real confusion starts when we determine whether or not the 100% rating, whether schedular or TDIU, is a permanent rating or a temporary rating. Any rating awarded by VA may be assigned as being temporary or permanent.

A temporary rating is awarded when VA has reason to believe that there will be improvement in the rated condition. Many temporary 100% ratings are awarded for hospital stays, mental health ratings and treatments for conditions such as a service connected cancer. There is a significant body of evidence that says that many of these conditions will improve with treatment.

A permanent rating is awarded when it is readily apparent that the chances of improvement of the condition are slim to none.

Whether or not dependents of a 100% rated veteran are eligible for the enhanced benefits of DIC, CHAMPVA and Chapter 35 DEA are based in the permanence of the award. not the label of schedular or TDIU. Permanence is usually referred to as P & T.

So...the rules are the same across the board. If a veteran dies of a service connected condition, under any circumstances and regardless of the overall rating, the dependent survivors are eligible for DIC.

If you are rated 100% P & T (either schedular or TDIU) and you die within 10 years of the assignment of the rating, your death must be caused or contributed to by a service connected condition. If, within that 10 year period, you get run over by a fast moving bus, your survivors will not be eligible for any benefits.

Once you have held a P & T 100% rating for 10 years, you may feel free to step in front of that bus and your dependent survivors will be eligible to apply for the enhanced benefits.

If the 100% rating is temporary and even if you hold it for years, those benefits won't be there unless you die of a service connected condition. This is one reason that investigating secondary conditions is important. For example, if you have diabetes as a service connected rating, you are more likely to die of a heart attack or a stroke. If you are rated at 20% for the DMII and your demise is caused by a sudden unexpected heart attack, your surviving spouse is probably eligible for DIC benefits. But she'll have to know that and ask for it.

source :'' Jim Strickland National Known VA Advocate ''

[Buck52]

As for as this veteran being rated 100% w/P&T the other ratings will not lean in toward the SMC RATING AT  THE 30% %50%....if he had got a 100% rating for the Sleep Apnea  then that would certainly change things and he would meet the SMC Criteria.

To meet the SMC Criteria the veteran must have a single S.C. Single & separate distinct  disability rated 60% or better.

[allansc2005]

Buck, I do understand the differences between P&T IU, Temp IU..dependents qualified for education..etc etc...his dependents, though he doesn't have any at home, were approved for the education thingy, as stated on his approval letter.

 

My question is will the VA change his IU to scheduler with these new approved conditions automatically, or can he request to be changed to scheduler? Of course we all want to be scheduler, and not have the hassle of telling the VA every year that we're not employed, and might like to work.

 

Yes, I read Jim Strickland's blogs all the time, especially vawatchdog.org.

Allan

2-2-0 HUAH!

[Buck52]

 He can request the 100% scheduler to the DRO and make the IU Moot  but some times they don't do that. if he is already IU P&T it will probably stay that way...>JMO

  If  they add up to 50% and more then that would boost him up to the SMC....or inferred  the SMC S.HB like they did me because he is already at 100% IU or scheduler makes no difference.

Remember SMC has no rating % tag its awarded when the veteran has a separate 60%rating with his already IU 100% RATING.

The thing is will they use them as a separate S.C.disability?  to meet SMC Critreia?

but if he wants to be 100% scheduler I believe they are suppose to make the IU Moot.

If it does then yes he can request his IU be moot and have the 100%scheduler rating.

Its hard to say what a DRO will do?

.I had a DRO Hearing and  he went my way  but only because I had new & material evidence (IMO) & the DRO Was decent and listen and read.

I was awarded 90 %  combined & rating and got the TDIU W P&T

Not all DRO 's are this way  so a lot of it depends on the DRO....> JMO

15 years down the road with being TDIU P&T, I filed a PTSD Claim and was awarded 70%...on that they inferred the SMC S H.B , But I am still considered to be TDIU P&T AT 100% Final degree percentage.

Beings I can't work I never Requested to be 100% scheduler , however when I go to Check my e benefits S.C.disability's  it has the round blue circle that has 100% in the middle and says you have a 100%  degree final rating.

So  actually I am not sure how they have me rated now? other than a 100% final degree rating although I have  SMC- S & SMC- K

Good Luck on the 100% scheduler  if he can work that be good,... I would too if I was able.

Edited April 27, 2017 by Buck52

[Buck52]

allansc2005

If you happen to see this in time, tonight at 6:00pm eastern time  J basser and Jerrel have a hadit radio show  with James Cripps and hiS friend on. ...it's tonight  4-27-17

you can call in and ask this question and get your answer and any other questions you might have.

just call  347-237-4819 and when it picks up hit 1 an Jerrel or John will be right with you.

They all are a nice bunch of Guys...Don't be shy buddy.

[allansc2005]

Buck, I certainly will have the veteran listen to that broadcast tonight, as I wont be able to make it.

At 100% P&T, I have already told him that basically there are only 2 differences between IU and scheduler, and that's the dependent education thing, and the requirement to declare that he's not employed. I know there are a FEW exceptions to the employment thingy, but he doesn't fall in that category.

I won my P&T IU and CUE on the spot back in late January, and won't touch that, to hell with scheduler. CUE back to 1990, and IU back to 2010.

Of course, because it requires 3 signatures, I don't have retro and that big "white envelope" yet, but with the VA once again "overwhelmed", guess I'll have to be patient a little longer. Also, forget the Ebenefits page, it wasn't updated before I won my cases in January! They put in a work order in last week, and it's still not updated.

Allan

2-2-0 HUAH!