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P&T from IU yes or no?

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abnrgr88

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I was just granted P&T IU at 90% overall. I have not filed for an increase from a 20% DDD. I had 13 level spinal fusion after the 20% was granted. Yes my wife and son now have a chance at champva, yes chapter 35 as well. its been 17 months since surgery and everything seems to be falling apart. upcoming surgery for right and left hip impingement...not yet rated. Lost all hearing in right ear and now 50% in other,...10% hearing loss and 10% tinnitus existing. Chronic pain syndrome well documented in my file..not yet rated. 19" scar down my back painful as heck...not rated......I can use some experienced advice please??

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If I may intrude on this discussion.

I have found that IU is not actually moot after getting 100% scheduler.  I am 100% scheduler but I need to fill out the annual forms for IU even though I am 100% scheduler because my SMC is based on IU.  I show up as 100% on the VA letter but also it states that I am unemployable due to a service connected condition.  If I could actually work and did I would lose my SMC.

Edited by vetquest
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  • Moderator

You might jeapordize your SMC but your schedule rating is still 100 so your base compensation would still be unchanged. 

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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1 hour ago, vetquest said:

because my SMC is based on IU. 

according to the MR21 and  4.16 you cannot be both.

you don't say which letter you are talking about but a vet who is schedular does not have the verbiage of being unemployable on their AB8 nor do we have the words Schedular on their either.

here is mine

Benefit Summary Letter

BLAH BLAH BLAH BOILERPLATE LANGUAGE

Personal Claim Information

REDACTED:

Summary of benefit information

You have one or more service-connected disabilities:  Yes

Your combined service-connected evaluation is: 100%

Your current monthly award amount is: $3165.7

The effective date of the last change to your current award was: December 01, 2018

You are considered to be totally and permanently disabled due solely to your service-connected disabilities: Yes

The effective date of when you became totally and permanently disabled due to your service-connected disabilities: August 16, 2018

You are in receipt of special monthly compensation due to the type and severity of your service-connected disabilities: Yes

nowhere is schedular discussed and neither will IU.

The commisary letter will show an expiration date because you ID card expires on the date of your next evaluation. If you are P&T with no future exams there will be no date. but it does not mention schedular at all so it wont mention IU>

 

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6 minutes ago, vetquest said:

Please see the attached letter.

your letter does not say you are schedular it says you get paid at 100% because you are not employable.

that is interesting wording as it reveals a whole lot of private information that some would find embarrassing, but either way it does not say you are schedular.

 

38 CFR § 4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities

if your schedular rating is total (100%) IU does not come into play.

There is a narrow circumstance where your IU plus another claim makes you eligible for SMC HB. If one of your claims bumps up to 100% schedular  but making that change makes you lose the SMC HB, the va does not change you to Schedular even though your numbers add up to 100%.

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  • HadIt.com Elder

Brokensolider 244th  Quotes

''Why worry over losing IU if you are at 100% by the numbers? They both pay the same, and a scheduler rating has extra benefits that being TDIU does not have. As for the letter, you can print out 100 copies if you want off Ebenefits and stash them away wherever, or print to PDF and save it somewhere on a thumdrive or something. ''

What are these extra benefits??

  both ratings IU With P&T  OR 100%scheduler with P&T should result in the same benefits...with the exception of meeting the SMC Criteria  but SMC Does not change a percentage in a rating decision. only the compensation is much higher about 350.00 bucks higher.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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