awarded TDIU, 90% overall. seeking P&T

[abnrgr88]

I was awarded 100% TDIU in June 2017. since then, unrelated to that claim, i had a 13 level spinal fusion. back already is rated 20% (compressed vert. arthritis). The DAV rep i was given has told me not to file for an increase. Be happy with what i have gotten. Said i am being paid for 100%, dont rock the boat so to speak. Surgery was 4 months ago and i have been in P.T. for 2 months. I believe i am in line for an increase. i now have a 19 inch scar up the center of my back. T2-L2. limited ROM and alot of PAIN. My goal, P&T. I lost health insurance for my family when i went out of work. This along with others not available with TDIU. Any suggestions?  Thank you!  RLTW

[broncovet]

Yes.  Dont listen to your DAV rep.  When you appeal its more work for them and they get paid the same.  So, file a NOD anyway if you dispute any of the following:

1.  Disability percentage(s)

2.  Effective date(s). 

    

However, ARE YOU sure you are "not" P and T?  VA decision are confusing and often do "not" say whether or not your are P and T.    

You "might" be able to find out on ebenefits...if you get a letter saying you are eligible for Ch. 35 DEA, then you are P and T.  

Your decision "might" say, "no (re) exams are scheduled".  This usually means P and T. 

You see, TDIU means that you are unlikely to be able to return to work.  

Suggestion:  Dont listen to VSO, apply for benefits you think you deserve, and appeal any decision you dispute.  

[john999]

When I got TDIU I was not awarded Chapter 35.  I got an IMO and filed an appeal/NOD.  Within one year I had P&T.   I agree not to listen to dire warnings from VSO's .   They will tell you to be satisfied with what you got etc.  I have filed at least 6 claims since I got TDIU and I intend to file more.

[Buck52]

I Agree with broncovet and john999  if you have more pain and a secondary condition  yes file for increase see if it can be secondary to any of your S.C. Conditions  (be careful of the pyramiding  build-up) &  try for the P&T That is an excellent benefit.

your at a agverating rating at 90%  you need an additional 70%.

you may also meet the SMC Criteria if they rate you high enough on one separate disability, but they also use the combined ratings for the SMC Criteria .

sounds like your Back is pretty messed up!

SMC S - House Bound.

[john999]

If you are in severe chronic pain there is a large emotional component to it.  You can file for depression/chronic pain disorder which could possibly help you get to 100%.  I have 90% and I know I would need additional 50% to get to 95% and thus 100%.  I may get there one day but not looking forward to it if I need to have another major disability.  The only way for me to get there now would be for VA to accept OSA claim and I have little hope of that presently.   I would got for the P&T and "S" as Buck talks about if you can get it.

[Buck52]

john999

If your rated 90% and getting TDIU...basicly you do have a 100% rating  they just send out the letters letting you know  although your combined rating is 90% over all , your Being paid at the 100%rate.

Now if I was you  and you have another condition that can be S.C. be a new one or a secondary to one of your current conditions

File a claim for that, its true a 90% rated veteran will need an additional 50% rating to be able to meet the 100%scheduler rating.

However you being on TDIU is factored into a different rating system than just the scheduler rating table AT 90%

...I'm not sure how they do it ?

but if you can get 50% for OSA then that will put you at the 100% and then some, depending on how severe your new condition is & that can be inferred the SMC S H.B.

So my point is a veteran don't have to be 100% plus 60% to get the SMC S.

Its based off the severity of the disability that is  distinct and separate from his other  S.C.conditions.

a 50% rating for OSA Should put you at 100% and possibly meet the SMC Criteria.

depending on the severity of the S.C. disability.??

That will make the TDIU Moot and you should get a 100% final degree rating.

100% is all any veteran can get after the 100% then the SMC Comes into play   remember they don't rate SMC BY % its generally rated as the degree of the severity. how they do this is hard to explain...this is why they have the SMC Going by the letters and not percentage.

SMC K

SMC S

SMC R 

SMCL- T  L-1  L-2  ect,,,ect,,,

 Different percentage is paid usually in a higher comp rate  the worse the disability the letter of SMC will reflect the Compensation.

The more rating  percentage veterans is will only help the veteran from being reduced below the 100%.  This is why veterans should keep filing claims ...and because they deserve them.

After 100% then  the special monthly compensation basically takes over. Depending on the severity of his/her condition.

The way I understand the rating system...or it was explain to me in this way. They maybe a eazier way to understand it it. And I admit I could be all wrong on this ,this is just my opinion.

Asknod/Alex has a Great Example of SMC Explanation  using a Mr Potato Head Illustration  on his Blog

Edited November 4, 2017 by Buck52

[john999]

I got TDIU and later I got SMC "S" because I added another 60% to the TDIU rating.  The recent VA brain storm to make vets choose between getting SSA and TDIU bugged me.   I know they went back on it but it shows what these people are capable of and how little they understand the situations of us vets who lost the best years of our earning lives due to SC disability.