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

[Buck52]

Well they may have change it then..I got my TDIU P&T Award Packet in 2002 and they did send in the caution letter about not sending in the 21-4140-1 Employment Questioner...

So unless they change that requirement  I never seen the memo on it.

Although I think your correct they did try it a few years back  about no longer a requirement to send in the 21 -4140-1  but it did not work out.   I believe  that was around 2011-2014 but I think they started it all back up.

Right now I am very confused on this?  I have my doubts...so I will be sending in this  21-4140-1 in 2019

Edited December 6, 2018 by Buck52

[Buck52]

allansc2005

if you fail to send in the 21-4140-1  Employment Questioner Form and you use 

I did not get the requirement on this in my TDIU P&T Award as an excuse as to why you never sent one in

...they will tear you up  on on that, they have enough stationary that says we are required to send it in and they will say it was in your award packet .

So its your word against there's  it will be a big headache if you get the proposal to reduce for this reason.

[vetquest]

I think we need to look at ASKNOD's method of reporting 290% disability.  If you are not on SMC and 100% scheduler it overrides IU.  If you have SMC the whole story changes. 

In Bradley v Peake 22 vet app 280 (2008) it was noted that a veteran receiving IU could get SMC if he had one condition that was the result of his IU, the same way a total 100% veteran is eligible for SMC.  That is why this case is cited when awarding SMC to IU veterans.  They can be less than total and have SMC and still reach 100% scheduler but need to fill out IU forms because they are still IU.  The test for not needing IU anymore is that you reach the equivalent of 160%.  This means that you have a 100% rating and then have a separate rating of 60% or more before IU becomes mute.

[Buck52]

I was going to request my IU be made moot due to my now 100%COMBIED 100%RATING

  but I was Advised Against it Due to that Would open up a COMPLETE REVIEW OF ALL MY CLAIMS.

if they find any discrepancy  in any part of my claims that maybe unfavorable they they will send me to a C&P and double check everything and a possible reduction could take place  its a 50/50 chance..so why take that chance.???

Edited December 6, 2018 by Buck52

[Buck52]

I personally in my opinion and from what I read  getting SMC don't change your rating...you need to be 100& to reach the SMC That is true  but the SMC is for both scheduler 100% veterans and the Veterans that are a combined 100% due to IU. WHO HAVE ANOTHER SEPARATE AND DISTINK CONDITION RATED 60% OR HIGHER

Thats what I have  but I am consider to be  combined 100% due from my IU Ratings.

I will add that  not always is just a 100% vet  is eligible for SMC they can get SMC Under a special circumstance ruling

I am 100% with SMC S & K. due to the 90%IU AND PTSD 70%

I Met the  SMC critera going through the 90% IU.and getting the 70% for the PTSD.

Edited December 6, 2018 by Buck52

[vetquest]

Please check the following sites.

https://www.veteranslawblog.org/how-a-single-va-form-21-8940-can-change-your-tdiu-claim/