Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
Buck52

request the 100%schedule Rating From combined IU Rating?

Question

 Calling All Hands on Deck,

Anyone know what the VA Form # is to request the 100% scheduler rating be given & the IU to be moot?

As I understand  when a veteran is rated for combined IU/with P&T and no future exams schedule and his S.C. Disability is of nature not expected to improve in his life time.

The Criteria is,a when veteran has a combined scheduler IU Rating & the veteran has another separate rating of 70% or higher   he can request the 100% scheduler rating....the R.O, is supposed to do this at the time of the separate rating but the fail to do this and the Veteran don't know he can request the IU to be MOOT and given a 100% schedule rating.

This would change things for the veteran  if he was/is able to do some kind of work he could add to his family's income.  & Not be worried about for getting to send in the aggravating 21-4140-1  Every freaking Year.

Anyone know the FORM#?  or more information on this?

asknod, broncovet, Ms berta, j basser, Gastone, Vync, Ms Tbird???  & other knowledgeable members.   please feel free to chime in here.

 

Thanks

Buck

Edited by Buck52

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Bump Bump!!!

Share this post


Link to post
Share on other sites

Ad

  • 0

Hey Buck,
I don't know the specific form number, but I did find these regs regarding IU and working. I'm not sure if they are what you need, but they do include info about going from IU back to work and the provisions required. Hope this helps!

38 CFR 3.343 - Continuance of total disability ratings.

38 U.S. Code § 1163 - Trial work periods and vocational rehabilitation for certain veterans with total disability ratings

Share this post


Link to post
Share on other sites
  • 0

If any of your conditions have worsened, then ask for an increase.  Im guessing you want to do this because you fear TDIU will be dropped past your age 65 in the future.  

So, if it eases your fear (even tho its probably unwarranted), then go ahead and ask for an increase on all your disabilitiies that you think have increased OR ask for compensation for "new" primary or secondary disabiities that you may have to try to get the combined total to 100 percent without TDIU.  

Its okay for you to explain in your application you desire an increase to become 100% and "not" TDIU.  

A few years ago I appealed a denial which stated "TDIU is moot" and won.  I expained it was "not moot" because it made me eligible for SMC S under Bradley vs Peake, and that it could result in an earlier effective date.  The board agreed with me, remanded the case and specifically stated that, at least in my case, the issue of TDIU was "not moot".  

Share this post


Link to post
Share on other sites
  • 0

I have the understanding that when I veteran has another S.C. Disability separate  from His combined IU  ...To use the extra scheduler  and the separate rating is 70% or higher  the R.O. Is suppose to make the IU Moot and give the veteran the 100%schedule rating

I   read this on one of HILL& PONTON (Disability Attorney's) web site

They Do give the statutory SMC S but SMC is not a rating its an addition paid  to a separate S.C. disability. 

A lot of times more times than not   the

R.O. Fails to let the veteran know he can get the 100% schedule rating and request the IU to be moot...but the veteran has to request this.

There is a form for this? I need to know what form #?

What this would do is let the veteran work (IF ABLE TO FIND SOMETHING HE COULD DO) and not have to send in the 21-4140-1......without requesting an Increase.

I understand the increase part but this is a different baby  after the Veteran has a Separate rating 70% or higher and is already getting IU  and is given the 100%schedule rating.

The IU is suppose to be moot  and R.O. Sends out a letter to the Veteran for his EOB. & Letting him know his ratings and what other programs he  may qualify  for.

Share this post


Link to post
Share on other sites
  • 0

I have the 90% Combined 90% rating using the extra scheduler and awarded the TDIU P&T  for some unknown reason I was not given the 100% at the time I was Approved for the IU   B/C was a greengo back then and never knew I could request the 100% rating b/c my disability did show the criteria for the 100%rating back then 16 years ago. and Hench the 90% TDIU P&T

Anywayz

  I now have a  have a separate PTSD 70% rating  and was granted the SMC S   since two years now

  R.O. Awarded that with this separate 70% PTSD Rating as a Statutory rating  but failed to make the IU Moot and give the 100%

Although on e benefits EOB it says I have a Final degree of a  100% rating.

Share this post


Link to post
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

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines