How Does VA Make IU W/ P&T Moot?

[Buck52]

If veteran is getting TDIU P&T with a 90%combined rating and can't work due to his S.C. Disability's  and all the benefits that come with P&T. had this rating for 15 consecutive years.

Now He has another separate & distinct Condition and is S.C. and given a 70% rating...this would meet the SMC S 1 H.B. Criteria .

My Question

IS his IU moot Now with the extra 70% rating and was  mandatory Inferred the SMC S 1 H.B. ??? 

And given a 100% scheduler rating  with Educational Allowance. CHAP 33

How would the VA Rate his 90% combined IU? & What about the P&T ?

I flat out don't understand this?

[jfrei]

Mine says Permanent with no future examinations due to the lack of improvement of a decade since my sTBI

[broncovet]

Buck:  This is a holdover from before Bradley VS Peake.  Prior to Bradley, TDIU could not be used as 100 percent plus another 60 percent to achieve statuatory Housebound (SMC S).    That is why VA considers the issue of TDIU moot, whenever the Veteran is awarded 100 percent.  

Things change slowly at VA.  Even tho its been, what, 5 years since Bradley vs Peake, there are still many old school who consider  moot whenever a Veteran is awarded 100 percent.  Personally I appealed this very issue when VA determined my TDIU to be "moot" and won that issue, at the BVA.  THe BVA specifically said the issue of TDIU was "not moot" as it could entitle me to additional benefits, specifically SMC S; and/or an earlier effective date for 100 percent.  

Remember this tho:  There is no accountability with VA, so they can repeat that mistake over and over and deny benefits again and again.  

[Buck52]

Thanks bronco

Bradley vs Peake  the only thing I could figure out is that the change in IU from a combined rating  if the Veteran has another seperaetS.C. Rating 60% OR HIGHER then they make the IU Moot and give a scheduler 100% rating with SMC'-S 1 H.B.

As for as my TDIU P&T  before I  was rated 70% for a separate  & distinct condition Chronic PTSD..I was rated 90% combined and used the Extra scheduler to get the TDIU, I ask for the IU at a DRO Hearing on a proposal to reduce my  back then 50% S.C. Rating. 2002 WAS APPROVED for IU With P&T Back then Flip H was still here at Hadit  Aka  Phillip Rogers...He notice some thing was not right in my EED and would have meant thousands of $$$ for me  but stupid and green horn me I was just glad to get the IU Back then..

Agian Hine Sights 20/20   If I had known then what I know now  ''Knowledge Is Power'' FOR A Veteran working his own claims.

Ok now since I got the 70% PTSD Rating (2014 )   on e benefits disability's it don't say any anything about the IU  NOTHING?

just that list they  list my S.C Disability's and all occurred in Vietnam with the EED  ..and it has the SMC -S 1 AND K listed also and give more educational allowances, Chap 33....with all the other benefits that is for P&T

and has a 100% final degree rating in the Blue Circle.

However I can print off letters that say I am 90% combined and IU paid at the 100% rate with P &T they never took those letters  down  or maybe for got to?

but the list of my disability's add up to 180% by VA Math

So would this make me 100% scheduler and make the IU Moot?

Edited June 18, 2017 by Buck52

[Buck52]

Although some veterans get a 300%plus in there S.C. Conditions and have some of the lower SMC's  Their all still considered 100% by VA .

Now if a Veteran is getting the highest SMC  8.000.00 plus monthly  then  he is usually  total Bedridden.

 but I have seen a  Vietnam Combat Veteran totally bedridden Eat up with with A.O. Cancer 100% rating and has 70% PTSD Ratings 70% Heart conditions ratings and back ratings at 40%  and still only get the SMC-S 1 and caregiver program his spouse is paid additional 400.00 month to take care of him ,but he never qualified for the higher SMC...not sure why?  I never got to read his last denial before he kicked the Bucket.

 I help his widow get the DIC  & Help from Ms berta...this veteran was totally bedridden 3 years before his death.

 in my opinion he should have recieved the full SMC Pay scale.

his spouse as since let the VA CLOSE HIS CLaim & refused help from me and his VSO...she got the DIC and said that was it she was tired of fighting with the VA For over the last 20 /25 years or so

 

so yes the VA IS VERY UNFAIR to some veterans

[treysnonna]

So are you guys saying unless you are a scheduler with 100 percent or tdiu for ten yrs, the wife will not get dic?  I'm confused.  I've been married to my husband for 49 yrs.  

[Buck52]

treysnonna.

Just that he needs to be Service connected for his disability for ten years to qualify for the DIC benefits, which to me don't make any common sense  b/c if a veteran is S.C. for a disability and it causes his death...no matter how many years he has had it  his spouse should qualify for the DIC and not have to wait ten years to see if this kills him.

jmo