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??

[brokensoldier244th]

If they make you 100% you don't need I/u anymore. 

[Buck52]

brokensoldier244th this is debatable

Example/Senerio 

What if a veteran has a 50% 10% and 30% combined rating for hearing loss and he got these ratings over the years as his hearing kept getting worse.

50%hearing loss 10%tinnitus 30% increase on hearing loss   total 90% combined. so actually his rating is 80% plus 10% for the tinnitus  & all service connected. but we will say he has a combined over all rating at 90% for this example.

Okay , he now has a combined rating at 90% and since he can't work due to his S.C. hearing loss  the rater infers the TDIU P&T with no future exams and this condition is not expected to improve within the veterans lifetime.and is P&T

Ok this Veteran is Rated at TDIU P&T Now &  he can't work if he could because of this rating.

OK few years later  he files another claim totally different from his original hearing loss claim,  lets say PTSD

Okay he gets a 70% rating for that plus files a E.D. Claim  secondary to his PTSD medications causing the E.D...This is service connected & rated at 0% But paid in addition to his already TDIU the 108** $$monthly...so basically the ED. Rating don't count being its just at a 0% rating but S.C. (keep in mind this is all service connected)

Ok what do you think his rating should be now? do you think it should be a scheduler 100%.??

Do you think he is entitled to SMC S HB?..Do you think they will make this Veteran 100% and moot the IU award?

If they do that and make the IU Award moot  then that takes away the 90% combined rating he got for hearing loss ..right? then that leaves only his 70% for PTSD.

So in your opinion how should this veteran be rated at now?

What final degree rating should this Veteran have  in your opinion veteran to veteran.

Edited December 2, 2018 by Buck52

[GeekySquid]

2 hours ago, Buck52 said:

f they do that and make the IU Award moot  then that takes away the 90%

why would getting rated for PTSD remove the hearing rating? I don't understand how you think that is what happens.

The mere 'addition' of another SC'd condition does not delete or remove your original condition.

so in this scenario the vet is at the stated 90%, gets rated 70% for a non related claim, ptsd in your example, that makes 90 + 70 which is 97 rounded to 100.

Once you are at a schedular 100 there is no place to go except the SMC's but not every 100% vet is entitled to SMC's

AS for TDIU it is the lesser rating. Schedular is the superior rating. they both compensate at the same level.

TDIU amounts to a Congressionally created  work around for unemployable vets whose injuries don't yet meet the schedular maximum of 100%

Once 100% schedular is reached the work around is no longer needed but the underlying conditions and ratings don't go away.

have you ever met a veteran who told you the scenario you mention happened to them? or do you know/hear from veterans who were TDIU but made Schedular and longer needed the TDIU work around?

[Buck52]

GeekySquid

This is just an example and scenario for Brokensolider244th 

Just for Veterans information and education about rating proposals for IU Veterans  and discussion on the above posting about the way IU is rated my example is addressed to Brokensoldier244th as to what is being discussed.

I know the answer to this scenario and how and why a Veteran is rated for I. U. or the 100% Scheduler for the normal rating process  and for SMC...With the exception of special circumstances.

A lot of Veterans out there don't know the answer to this who maybe rated with the CFR 4.15. OR 4.16 (b) Extra scheduler rating that were rated with a combined rating less that the 100% scheduler

Your correct as to why we have the TDIU Rating for Veterans that have a lesser rating of 100% who can't work because of their S.C. Disability   the IU is giving to the Veteran to help out financially Obviously.

I wanted to see what Brokensolider244th answer was?

 GeekySquid quoted

''why would getting rated for PTSD remove the hearing rating? I don't understand how you think that is what happens.''

I don't think that  duh!!!!

This was addressed to Brokensolider244th  not you sir.

It will state in e benefits on EOB just how a Veteran is rated and S.C. for and if they meet the 100% of the scheduler rating   as to the final degree of his/her rating.

  If they reach that plateau and Normally a 90% combined S.C. Rated Veteran that is getting IU With P&T with no future exams scheduled and his disability is of chronic in nature and not expected to Improve in his/her life time  AND files for another disease or Injury and that is S.C. And giving a rating of 60 % or higher  this quailfy's  the Veteran for SMC S H.B. using the SMC Special rating table chart  The reason for of this   is some times the rater don't do this for the Veteran  so if the Veteran knows of this then he can request the SMC S HB be given to him  its about another 360.00 bucks added to his 100% rating .

this is a statutory  rating and its mandatory for the raters to give this rating to the Veteran. They tend some times not to do that.

[GeekySquid]

6 minutes ago, Buck52 said:

I wanted to see what Brokensolider244th answer was?

 GeekySquid quoted

''why would getting rated for PTSD remove the hearing rating? I don't understand how you think that is what happens.''

I don't think that  duh!!!!

This was addressed to Brokensolider244th  not you sir.

okay

your post reads as if you are defending that position that is why i was confused and asked you about it. I know you know how tdiu works so you can understand my confusion based on your words.

[Buck52]

Roger That GeekySquid