request the 100%schedule Rating From combined IU Rating?

[Buck52]

 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 September 20, 2017 by Buck52

[Berta]

Is it in one of these links?

https://www.hillandponton.com/unemployability-iu-guide/

https://www.hillandponton.com/a-veterans-path-to-tdiu-schedular-versus-extra-schedular-part-2/

I will see if the BVA has something to help.

[Berta]

Does this help:

"In the decision herein, the Board grants a 100 percent rating for the Veteran’s service-connected PTSD, effective January 28, 2015. A grant of a 100 percent disability does not always render the issue of TDIU moot. VA’s duty to maximize a claimant’s benefits includes consideration of whether his disabilities establishes entitlement to special monthly compensation (SMC) under 38 U.S.C. § 1114. See Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); Bradley v. Peake, 22 Vet. App. 280, 294 (2008). Specifically, SMC may be warranted if the Veteran has a 100 percent disability rating for a single disability, and VA finds that TDIU is warranted based solely on the disabilities other than the disability that is rated at 100 percent. See Bradley, 22 Vet. App. 280 (analyzing 38 U.S.C. § 1114(s)); See also 75 Fed. Reg. 11,229-04 (March 10, 2010) (withdrawing VAOPGCPREC 6-1999). With respect to the period from January 28, 2015, to April 20, 2015, since VA has granted a 100 percent schedular rating for his service-connected PTSD and TDIU was based on PTSD and not the Veteran’s disabilities other than PTSD, he is not eligible for a total rating for compensation based on individual unemployability for this period on appeal from January 28, 2015, to April 20, 2015. As such, an award of TDIU would not result in the Veteran having one disability rated 100 percent disabling, and the others when considered independently combining to 60 percent or more. Indeed, no additional benefit in the form of SMC would be warranted. Because the award of TDIU from January 28, 2015, to April 20, 2015, would result in no further benefit, the issue is rendered moot during that time period. Appeal period from April 21, 2015."

https://www.va.gov/vetapp18/files9/18137504.txt

A lot of cases ame up when I put 100% into the top search area and then TDIU in the bottom search area :

https://www.index.va.gov/search/va/bva_search.jsp?QT=100%&EW=TDIU&AT=&ET=&RPP=10&DB=2018&DB=2017&DB=2016&DB=2015

[allansc2005]

Berta, I thumbed through the Hill and Potton links and didn't find anything that specifically addresses the "law" about the use of a 21-4140 Employment Questionnaire, as discussed earlier in this thread.

Thrash me if I missed something(-;

 

Allan

2-2-0 HUAH!

 

[Buck52]

Ms Berta thanks for these 

I am not so much trying to get IU I am IU with P&T  (last 17 years)

The rating specialist used the 38 4.16 (b) for me  because I was rated a combined 90%  not quite the full 100%   a 90% combined rating but being paid at the 100% rate And placed on the TDIU /W/ P&T

So my question is I notice After I file my PTSD Claim as a separate and distinct condition off from my original S.C. Conditions of the combined ratings for  the 90%..and was granted the SMC  S House Bound although having a SMC Grant does not effect the rating,  but the 70% for the PTSD obviously does...they have me  rated now on e benefits as a final 100%   a 100% final degree in my rating...

What I need to know iF the IU is Moot and I am now considered as a  100%scheduler Veteran? and I am not required to send in the 21 -4140-1 Employment Questions Form Each Year?

[allansc2005]

@Buck52,

 

On another note, and out of curiosity, I went to the VA's "official" website, and under forms I typed "21-4140-1", and it came up "Not Found", I typed it in again, and still Not Found!

 

Has the VA done away with VA Form 21-4140-1?

 

Allan

2-2-0 HUAH!

 

 

[Buck52]

I am fairly sure it still exists .....I type VA Employment Questioner  FORM 21-4140 and got this pdf 

 to print out the Form

https://www.vba.va.gov/pubs/forms/VBA-21-4140-ARE.pdf 

 

I don't think anyone knows here on Hadit if we still need to send it in  or not ?

thats not got the 20 year protection in?

...but I do seriously think that if a Veteran is on IU from a  S.C.90% combied rating with P&T and gets another rating of S.C. 60%  or higher this puts him up to the scheduled 100% and the IU Is moot..but I am not 100% on this?

For me I was 90% combined ratings/with P&T and they used the 4.16 (b) to boost me up to TDIU./w /P&T....I had that rating from 2002 until 2015 and still have it..... but  then in 2015 I got a 70% S.C. Rating for Chronic PTSD  And was awarded the SMC S House Bound and a 100% Final degree rating.....

I GET SMC S  H.B.  & SMC K For E.D its S.C.at 0% But no % rating for that    just get the 108. monthly extra added in to what I get.for the IU /P&T and the PTSD &/SMC S -H.B.

But I am not sure that makes my IU Moot?  this is what I am trying to find out?

...I don't have a Problem sending in the 21-4140  Each and every year...  ..

But  Hey I may want to try to earn some extra income doing something that I could do if I am legal to work a little bit at a 100% scheduler  like a lot of the other Vets that do.

I recently recieved a letter from SSA and they said I could work and make any amount I wanted to in 2019 being my age is over 66..I Also get SS Retirement/Not SSDI. I never had enough work credits back in 2002  when I won the IU.

We sure could use the extra Income.   spouses medical bills is eating us alive and co -pays.

Edited December 5, 2018 by Buck52