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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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That was my situation, except not PTSD. I know what the answer is. Getting another rating doesn't negate one unless it's in the same body system, then they are supposed to go with higher of the two. If someone got a 70 on top of a 90 they would be over 100 and I/u is moot. I/u doesn't guarantee an inference of SMC so they aren't losing anything by being 💯, it's actually a stronger rating because it gives th3m the option of working later on as they learn to cope with their conditions, if they want to, vs IU which by definition says "nope".

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Brokensilider244th

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'' If someone got a 70 on top of a 90 they would be over 100 and I/u is moot. I/u doesn't guarantee an inference of SMC''

OK is this fact can you provide the CFR's as to where this makes the IU moot?and the veteran becomes 100% scheduler?

I realize his original s.c. disability will remain  I know they can't take that away  so his ratings will always be for that rating.

I need to know what the Regulation states about the the rating formula  how/would make the veteran 100% scheduler and his IU will be moot.?

what regulation makes that clear?

I realize the provision of the higher rating when two disabilitys are of the same nature they use the higher of the two.&  to be careful not to pyramid these ratings.

 

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Yes that's understandable you and I know that and most veterans with claims experience knows that  but 

I need the CFR Regulation # that states the IU is Actually moot.

How else is a Veteran to prove he is actually 100% scheduler and not IU anymore?

   He needs proof from the VA in a letter stating that and if he gets one he needs to guard that letter with his life.

Because we can't be assuming anything with the VA.  That will definitely get you in trouble on down the road.

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IU is cancelled by a 100% schedular rating. That is what happened to me. My benefit decision letter timeline clearly showed the rescinding of TDIU after receiving for 3 months after my 100% scheduler came into effect. If Under TDIU your rating letter will list your actual percentage, i.e. 70% but being paid for 100% due to tdiu. A 100% scheduler letter will say 100% on it. If P/T it will also say no further exams necessary, and indicate eligibility for Chap 35 benefits. 

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. 

 

Edited by brokensoldier244th
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13 minutes ago, Buck52 said:

I need the CFR Regulation # that states the IU is Actually moot.

I know you got a little testy about me answering you on this earlier you said it was pointed only at broken...

. I do have what you are looking for though. CFR and MR21

 

14 minutes ago, Buck52 said:

How else is a Veteran to prove he is actually 100% scheduler and not IU anymore?

I can tell you the easy way to do that too. 

 

I also found out what your concern about SMC is based on..it is in the MR21

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