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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

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@brokensoldier244,

Oh yes, we are not doubting you or the manual. Hadit's. "resident" attorney Chris Atig and Forum guru Berta often add insight into issues like this, and have the resources to guide veterans in the right direction.

 

Thanks for your helpful info.

Allan

2-2-0 HUAH!

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Buck, can you give us a link to this;

"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"

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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

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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!

 

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