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?

[john999]

I am pretty sure the VA should just raise an overall rating to 100% and make the IU moot.  The vet should keep the p&t .  The housebound should be inferred. If you are 90% you need at least 50% new disability rating to get to 100%.  I got Housebound when I was P&T and IU and then got an extra 60%.  I had to claim the HB and they gave it to me as a CUE since it was inferred statutory rating.  If you are P&T and get an extra 60% plus then the HB should be awarded without a claim but you know the VA.  I am talking logically but I don't know the exact regulations. I have heard it said that even if you get to 100% in parts you are still not considered as scheduler 100% by the VA.  You get the 100% money just like TDIU.  This really does not make sense.

 

                       John

                   

[MikeHunt]

While you may have 90% with no future exams, that's not 'Total'?

100% is total. Maybe I'm misunderstanding.

Problems of continuing IU when it shouldn't come from:

1. VSR lack of knowledge > Play it safe

2. Disjointed software- Diaries for auto-mailing a 21-4140 and sending a End Product to VBMS are accessed through Share. In short, the diary program runs independent of what's occurred in the program where works done, and people just go with it, even if the Veteran's been IU for 20 yrs, is over the reporting age, or is for real 100%.

Have your POA write a letter or IM a VSR buddy and ask them to kill the IU diary.

[Buck52]

He don't have a dairy date.

[john999]

If VA grants Chapter 35 benefits you are considered Permanent and Total if you are IU or Schedular.  This is the way I understand it.  Yet, until you are 20 years in a certain rating you are not really permanent with no chance of being reduced.  20 years is a hell of a long time just like your spouse waiting ten years to get DIC once you become Total.  Many vets probably don't even get the Total rating until they are already sick or elderly.  

[jfrei]

So now this confused me I'm 90 scheduler now 100 Total with no exams and SMC S I'm still IU my award letter says Permanent 100 for all my conditions? This is IU still feel like a newby My spouse is entitled to DIC when I was granted Total this past November or when I was granted at 90% in 2010

Edited June 18, 2017 by jfrei

[Buck52]

jfrei

As I understand the DIC part for the spouse.

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.

Unless this has been change to lower years wait? or you have a P&T Temporary Rating? ( meaning your condition can improve with treatment) VA is screwed up on this  b/c my P&T states in my Award letter  that my condition Chronic in Nature & is not expected to improve in my life time, but no P&T Temporary rating was given.

So as I understand the DIC part for the spouses  We need to have this  P&T Rating for ten  (10) years  regardless if we are rating 90% getting the IU Extra Scheduler or 100% scheduler P&T