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Losing a TDIU rating


Okemos_Veteran74

Question

I recently went from 90% to 100% schedular.  

My VSO told me that I lost my TDIU 100%.

 

I hope I'm explaining this right. In June of 2014, I was granted a rating of 70% PTSD. This rating allowed me to have a TDIU rating at 100%.

Because my highest disability is 70% I am no longer eligible for SMC-S.

What does the law / regulations say about losing t d i u when you move to a 100% scheduled rating.

 

 

70% TBI

70% PTSD

30% Migraines

20% Diplopia

10% Tinnitus

 

 

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 I'll take a Crack at this one    other members please chime in too. I could be wrong?

If You were 90% with a TDIU P&T Rating (TBI)

what was your SMC based on at this rating? Do you have a condition that would warrrant SMC?

Anyway

If you go from 90% TDIU P&T Rating  and have another  S.C. separate condition by its self separate and distinct which would be the  S.C.70%PTSD  Rating.. because of this new rating you are at 100% Schedule Rating.

This should make the TDIU Moot and let you meet the SMC S HB Criteria with a final 100% degree in your rating.

I believe your VSO has it backwards.

Anytime you have a 100% rating (IU is considered to be a 100% rating for rating purposes) and  then get another rating separate and distinct   (like your 70% PTSD) and that rating is 60% or higher (like your 70%PTSD this meets the SMC S H.B. Criteria   as they will use the special SMC Rating Table to take you to this new rating.

jmo

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Sorry, but your VSO is wrong.  If he allows the VA to push this logic get a lawyer.  I went TDIU on a 70% disability and had another separate disability that was greater than 60%.  I got SMC-S because of this.  The final total of all my disabilities was now 100%.  TDIU is not moot because it allows you SMC-S.  My letter generated by the VA states that I am 100% scheduler and that I am paid at the 100% rate solely due to my service connected disabilities.

You have one or more service-connected disabilities: Yes

Your combined service-connected evaluation is: 100%

Your current monthly award amount is: $3592.35

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

You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: Yes

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: October 06, 2017
 

 

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When you get a VARO decision (not ebenefits, and not a VSO opinion), show us the decision.  

If you had (SMC S) previously, and were granted an increase from tdiu to schedular, I cant imagine losing SMC S.  That is, they would have to do a proposed reduction based on your increase.  

Before I got my head in an uproar, I would want to see such a decision.  Frankly, it sounds like BS with a capital B. 

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Unless they change things up since I was awarded 90% combined rating and was given TDIU P&T & it says Disability not expected to improve in his life time and no exams scheduled. 

This was back in 2002 (first filed 1998) but was in Appeals to get the TDIU P&T  Until 2002 using the Extra scheduler 4.15 

Moving Forward

In 2014 Filed a PTSD Claim and was S.C. RATED 70% They looked at the SMC Special rating table  and gave me the SMC S H.B.

And on my EOB in e benefit's  it says I have a final 100% rating and list all my conditions and % and where they were incurred and all yes's on you are considered to be   yes  yes yes yes yes & yes

 For me That 10% between  the 90% and IU at 100%  if a Veteran is IU at any combined ratings  the IU is considered him to be 100% That has a lesser rating of 100%

All IU veterans are considered to be 100%  but their ratings before the IU was lesser  ,

now if your never awarded the IU then your rating would be what it was before you got the IU .

For me that would be 90%  and to reach 100% I'd need another rating of 50% or a total of combination ratings at 50% to secure the 100% scheduler.

Remember filing for IU is filing for increase basically.

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