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]

yes mine is the same 90%combined with P&T =TDIU (original rating) 16 &1/2 consecutive now.

I was thinking with my separate 70% PTSD S.C. Rating  that would qualify for the 100% Scheduler rating  with the mandatory SMC S  H.B. & K

I guess I'm wrong here on getting the 100% scheduler rating.  eh!

I had thought when they use the extra scheduler to boost me up to IU from 90%combined  & With P&T No Future exams scheduled and disability is static in nature and not expected to improve in my life time  that would qualify for the 100% scheduler rating. unfortunately  it don't.  eh!

  and making IU Moot .

but maybe they are silent to the fact? eh!

 or just don't never mention the IU ? in the e benefits EOB?

However Broncovet and Gastone are correct  as the only way to get the 100%scheduler  rating is with an Increase on my 90% Combined rating or the 70%PTSD.

IF I was Increase ...then I'd be 100% scheduler and the IU would be Moot.

Thanks Gastone and Broncovet...I got it now.

So I'll just stay where I am...tired of fighting with them yahooos anywayz.

 

So guess I will close out this post tomorrow.

Thanks everyone!!!

[broncovet]

Buck, 

   The VA wont "mess" with your rating...that would require a new decision.  Im pretty sure there is not a seperate form to file to get them to terminate your IU rating and make you 100 percent schedular.  We used to do almost everything on a 21-4138, but Chris Attig does not recommend those...he recommends you type a letter and say what you want, then, at the bottom, certify that the above is true and correct and sign and date it.  

    Years ago, I asked VA in a 21-4138 to stop my pension and pay me my VA comp instead, when I got married, as my wife was then a nurse and earning over the poverty level, so I knew I was no longer eligible for pension due to household income.    It took them a couple years, but they did that, and then sent me a letter saying I owed them the difference between pension and compensation (since I was at 40 percent at the time).  

    For that reason, I recommend a 21-4138 as it is a "catch all" form when there is not a regular form for it, when you sign and date it, it becomes official.  

    If you did file a 21-4138, and it was properly signied and dated, it should become evidence of an earlier effective date, if that becomes applicable.   Of course, you send it to the evidence intake center, certified mail.    If you want to make sure this happens, in the unlikely event that your IU gets "cut", then send an IRIS email in about 6 months asking the status of your IU/schedular change request/request for an increase.  

[broncovet]

By the way, I sent in a request for a waiver in the overpayment, arguing that the backlos was not my fault, and that the VA recovering this money would be a financial hardship on me.  Basically, I did my part, by telling VA I was now married and my household income went up, so the burden is off my shoulders.  I report it, they process my report.  My waiver was approved, and they explained that was because it was not due to the Veteran.  The VA went ahead and paid me pension, and I can safely assume when VA sends me money its mine to keep, that VA is not making me a loan.    That is, of course, when I properly reported a change of househould income and dependent status.  

      They made it clear if I had not reported this change of income, that I would owe VA money...because Vets are required to report promplty a change in dependency/income in the case of pension.  But, since I did so, as requred, I was not required to pay them back money they continued to pay me because of a long processing time.  

[broncovet]

It all goes with my philosophy:  Tell VA the truth, and then you can sleep well if they send you money, that they wont be able to take it back.  But if you lie, even once, they discredit your entire testimony.  I have seen that in BVA decisions.  Once the BVA catches you in a lie, you are done.  

I have trouble sometimes  remembering  dates.  "When" did something happen?  Gee, I dotn know maybe it was 2 years ago, or was it 3?  

If I was forced to give a date that I was unsure of, I gave a range:  It was 3-10 years ago, kind of a thing.  Whenever I could, I looked up the date.   Such as Dr. P, on an exam dated 11-13-98, stated, "The Veteran.....:"

Another thing I do, is I generally do NOT offer VA my opinion.  Instead, I cite a regulation or doctors statement that supports my position.  The reason I do not offer my opinion is because, first of all, my opinion is obvious:  I want the award, and I think I deserve it.  

      However, you see, VA always thinks they know more than I do.   That is fine by me.  I love it when my opponent underestimates me.  So, I dont offer my opinion.   I state their decision is in conflict with the facts.   For example, if Im disputing the effective date, I will cite the general effective date rule, and then go to show how the evidence supports my postion that I deserve an earlier effective date, like this:

       "The RO decision dated 07-13-2017 stated that the "facts found" demonstrated I first applied in March, 2004.  However, in a docement dated "06-07-2002" . in the RBA, the Veteran made reference to "I am unable to work".  Then I would explain the VA is required to send the Veteran a TDIU form, or, if the VA does not send this form, the effective date will be the date of the filing of the informal claim (then I cite a bva decision saying same).  

        By not offering my opininon but by citing evidence in my cfile, and case law, the VA can not just tell me Im worng..they have to give a reasons and bases as to why what I stated is not correct.  

        Lawyers often appeal a Board decision on a failure to give adequate reasons and bases.  If I ask for a lollipop, they should tell me why I cant have a lolipop.  Then, someone else says, "Gee, the regulations and evidence the Veteran cited are spot on".  We have to give him this.  

        This has happened to me multiple times.  My VARO denies first, then looks later.  

[jfrei]

I'm a little confused but I'm should just be done trying or seperate the TBI and PTSD now combined at 100% Permanent and Total. My diagnosed chronic adjustment disorder which was what I claimed and dx at the C&P is gone very eager to get this packet to share to all what happened... so my IUs moot? And it still shows I'm getting SMC S and will know why hopefully sooner then later...maybe now I can win my SSDI claim??

Edited September 21, 2017 by jfrei

[Gastone]

I haven't spent much time on this topic but. I think what you're looking to do might be classified as a Non-Starter issue.

If a Vet could actually maintain employment garnering in excess of the VA SGI ($12,400 per yr), his IU Rating (even if his CSC's are classified as T & P) would be up for a Reduction. Keep in mind, with an IU T & P Rating, the IU itself isn't T & P its the Vets IU Qualifying Individual SC's that are considered permanent with no chance of improvement. An IU Rating is always subject to "Earned Income/Employment" evidence demonstrating ability to work. That's why the  VA  requirement of the Yrly IU Anniversary Date VA Income/Employment verification form.

When I received (12/2015) my SC SA 50% increase to 100%, my 90% IU T & P No future Exams Rating was changed automatically to 100% SC P & T NFE, no mention on any of the 01/2016 E-Ben Letters/Forms  of my prior IU Award.