tdiu dismissed as moot

[Curious A]

What does this order mean, "Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed as moot"?

I don't understand what the moot part mean?

Was I granted TDIU?

[vetquest]

I would understand this to mean that they decided TDIU was not necessary.  Are you currently employed?

If you are currently employed and earning above the poverty level you cannot get TDIU.  They make it tough.  It took ten years after I lost my job due to a doctors letter to get TDIU.  They kept saying that I was still employable.  If you quit your last job they look at this a voluntary so they will not award TDIU.

[Buck52]

If you were TDIU They must kept on reading your medical records and  looked at all your S.C. Disability's or Disability and you meet the criteria for the 100% making the TDIU Moot.

which is a better rating you can work with a 100% scheduler rating  were TDIU you can't work  as Vetquest Mention

Actually you now have a better rating   (jmo)

[Richard1954]

I agree with Buck, usually the reason for a Moot response to TDIU is because your are rated 100%.  

[broncovet]

The same thing happend to me, when I was awarded 100 percent:  They dismissed my tdiu as "moot".  I appealed, arguing it was NOT moot because:

1.  An award of tdiu "could" result in Smc S, under Bradley vs Peake.  And

2.  An award of tdiu "could" result in an earlier effective date for benefits.  

     The board, when I made it back, agreed with me that TDIU was "not moot" in my case.  You could appeal, but BVA cases are not precedential so they may or may not decide yours the same as your case is different from mine.  

      The term "moot" means there is no point in it..it wont increase your benefits either way.  

[ruby]

Mine was moot since my claim was 98% secular.

[Buck52]

TDIU P&T Veterans can be eligible for SMC -S H.B.

They will need to meet the SMC Criteria with a TDIU P&T Rating   even if they got TDIU P& T With a combined rating   say 70%or 80% 90%combined rating.

  if they get a TDIU P&T Rating  and  file for another separate S.C. Condition and is awarded 60% or higher   he then meets the SMC Criteria. usually for SMC S H.B. 

this gives the Veteran a 100% final degree rating.

The only thing I 'm not sure about is rather or not the TDIU P&T IS Moot at this point? 

I would think it would be Moot.

Edited February 28, 2019 by Buck52