P&T from IU yes or no?

[abnrgr88]

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??

[vetquest]

There is no private information on the letter.  I am not embarrassed to be a Marine.

As you said it will never say you are scheduler, the combined service evaluation would be less than 100% if I was only IU, it used to say 90%.

As I asked please show me the regs as I am calling B*^%$#.

[GeekySquid]

2 minutes ago, vetquest said:

As you said it will never say you are scheduler, the combined service evaluation would be less than 100% if I was only IU, it used to say 90%.

it says that because IU creates a pseudo-rating of 100% it is no longer important for the purposes of that letter to differentiate your schedular rating and your compensation rate.

AS for calling BS. The law os 38 CFR 4.16. I pasted the appropriate point.

use logic when you read that. If you are 100% schedular you cannot get an IU rating. If you are IU and bump to 100% schedular you are at the maximum and schedular is the superior rating of the two.

but since you want more

M21-1, Part IV, Subpart ii, Chapter 2, Section F - Compensation Based on Individual Unemployability (IU)

sub section IV.ii.2.F.4.l. When an IU Evaluation Is Considered Moot

A single SC disability rated 100-percent disabling generally renders an IU evaluation moot, as no additional benefit would typically flow to the Veteran by substituting an IU evaluation for a single SC disability rated 100-percent disabling.

 

 

[brokensoldier244th]

4 minutes ago, Buck52 said:

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.

That you can work in some capacity of you wish and are able to without being threatened with your disability rating being reduced. If you are 100% for MH based on iu, but used to be a whiz bang programmer, for example, you can no longer get paid for that even if you can still do it-say self employed, for example. If you are 100% scheduler there is no limitation. Substitute building Bird houses or whatever for programming. 

[GeekySquid]

5 minutes ago, brokensoldier244th said:

If you are 100% for MH based on iu, but used to be a whiz bang programmer, for example, you can no longer get paid for that even if you can still do it-say self employed, for example. If you are 100% scheduler there is no limitation.

i am glad you said this is way...some keep wanting to argue mh schedular cannot legally  work and they are wrong.

[brokensoldier244th]

Lots of reclusive aspie agorophobic depressed or manic programmers out there. I've met some of them. Maybe you can't hack a corporate environment anymore, or constant client meeting, etc. That being said I think if you are 100% mh it's a lot more challenging to find an environment other than self employment that would tolerate it.

Edited December 3, 2018 by brokensoldier244th

[vetquest]

Sir, you do not know what you speak of and you are misreading the sentence you quoted.  When you decide to get off of that high horse and have a reasonable discussion I may show you the error of your ways.