IU after Retirement

[paulstrgn]

I was talking about this in another thread but as @Buck52 said I don't want to hijack someone else thread.

I will be retiring from the federal government around the end of October, I will be receiving a retirement check from them, I am also retired from the Air Force. My quest is can I get IU even though I am retired?

Once I retire I will also go to the VA Voc ReHab. I am also hoping (like everyone else on this site) to get to 100% P&T I almost there now.

If I do get 100% P&T is there any need to pursue IU?

[paulstrgn]

@GeekySquid That makes sense, I would rather have 100% P&T than take a chance with IU. I do think that my best best for an SMC would have been with IU but I am okay if I don't receive it for that reason. Some day I may become housebound and that would be a different issue.

Most everything is secondary to my back, but is may be one of my secondary issues that might cause housebound. 

[vetquest]

Paul, apply for the IU and let the 100% take it's own course.  You can be IU, receive SMC if there is one condition that makes you IU and then be awarded 100%.  I was awarded IU as of 2007 and then the VA added a new disability that brought me to 100% P&T.  This new disability also qualified me for SMC due to the IU.  

The United States Court of Appeals for Veterans Claims (Court) has noted that VA has a "well-established" duty to maximize a claimant's benefits. See Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); AB v. Brown, 6 Vet. App. 35, 38 (1993); see also Bradley v. Peake, 22 Vet. App. 280 (2008). This duty to maximize benefits requires VA to assess all of a claimant's disabilities to determine whether any combination of disabilities establishes entitlement SMC under 38 U.S.C.A § 1114. Moreover, VA has a duty to fully and sympathetically develop a veteran's claim to its optimum, which includes determining all potential claims raised by the evidence and applying all relevant laws and regulations. Moody v. Principi, 360 F.3d 1306, 1310 (Fed. Cir. 2004).

Edited May 18, 2019 by vetquest

[GeekySquid]

5 minutes ago, paulstrgn said:

is may be one of my secondary issues that might cause housebound. 

@paulstrgn

that makes it an even more interesting chain.

if that secondary could be re-rated as a primary SC, then you would likely be in great shape SMC wise at 100 schedular.

if not, then at least in my opinion the Schedular rating P&T is the "better" of the two options. With Schedular if you are able to earn a million bucks a month, you still keep the rating, with TDIU earning more than poverty wage can kick you out of that rating.

As just information Asknod responded to another thread saying that now he has two clients that got letters saying they no longer have to submit annual income statements, the VA just sees their records on line.

He didn't say anything about their age, or how long they had been TDIU so I assume they don't meet the parameters that bar VA from ever reducing a rate.

Just interesting info for folks on TDIU.

[paulstrgn]

@GeekySquid How I wish I could earn a million bucks a month...hahaha

I agree that there are a lot of advantages at being 100% scheduler. I believe with seeing the VES doctor next week that they will put me over the top. I will make damn sure that they write everything down and measure me correctly. I will make sure they now about all my limitations from my back and nerve issues in my legs. 

 

[GeekySquid]

Just now, paulstrgn said:

I will make sure they now about all my limitations from my back and nerve issues in my legs. 

@paulstrgn

That is the best way to make sure that everything is recorded. I am looking at the DBQ for my upcoming C&P and from what I see it will add a 60% to mine, at the least a 40%. they already have the nexus for SC.

 

[paulstrgn]

@GeekySquid I don’t understand why either of us need a C&P after all there I nothing to exam. Why are these just not simply phone calls. 

I am sure you will get to the 60% for yours, if you meet the requirements then you meet the requirements. 

I also always try to be friendly with the examiner while explaining my issues. I had one examiner tell me they wish they could also write up an issue we had discussed that I was not there for.