VA status changed from TDIU P&T to Schedular P&T

[foreveryoung]

I was awarded 100% TDIU P&T

 

Edited January 29, 2022 by foreveryoung
error

[Richard1954]

 I was awarded TDIU in 1999 because my service connected back injury got worse, and I was forced into retirement from Federal civil service... In 2007,  I was awarded 100% for my lung condition because I require home oxygen therapy 24/7.   I never received notification that the TDIU was revoked ,  for a while I assumed it must have been revoked.  I now think  because of changes in law concerning bradley v peake   it is possible to have both a TDIU award and still be rated 100%. This is because the VA must rate you in such a way as to assure  we get maximum benefits under law. This is possible in cases were a veteran could get Housebound SMC S with a TDIU,  but with a 100% rating doesn't have the separate 60% rating to get housebound, so the veteran could actually be rated 100% and still receive a TDIU award because that is the only way they can get the SMC S.  Previously,   the VA would never consider rating someone TDIU if  they have a 100% rating because it was thought there were no additional benefit to such an award... this changed with Bradley v Peake.  ( Hope I did not confuse) 

I did not get any 21 -4140 EMPLOYMENT QUESTIONER  after the award of 100%, except once 2 years ago and I took this form to the Regional Office In Waco and the employee wrote a note in my records that since I was 100% I did not have to complete the questioner. 

In my opinion, if you had an award of TDIU  you cannot work  (except in a sheltered environment such as a family business). If you later go on to get a 100% rating and decide to return to work, I think you have put yourself in jeopardy especially if the condition that you were rated TDIU is not documented as being better.   When you requested and accepted  TDIU    you told the VA that your condition prevents you from any gainful employment.  Regardless of what condition is now rated 100%,  if you return to work  you might as well be saying that you lied when you asked for and accepted TDIU.  It might be a different situation if you received notice the TDIU was revoked, or if  the condition that you were rated TDIU ,  is now rated 100%. 

Either way I would expect to be questioned about how I can work now vrs why I could not work previously. 

 

 

[Richard1954]

6 hours ago, foreveryoung said:

On a side note: Does anyone know why the VA has not put Dental into the Mission Act? I've had so much trouble with the VA Dental allowing me to receive fee based care. I travel almost 2 hours per appointment. The Chief Dentist told me on the phone a few years back, if you don't like the care here you can go on the outside and pay for it yourself.

The Mission Act  allows certain veterans to seek medical care ( not dental care) outside the VA medical system.   I do not think Dental care has ever been authorized outside the VA system, and I don't think it was included in the Mission Act because only certain veterans are authorized Dental care.   Anyway that is my take on the subject.... I also never heard of Fee Based care for dental care..... 

[foreveryoung]

On 6/21/2019 at 1:33 PM, Richard1954 said:

I also never heard of Fee Based care for dental care..... 

Fee Base is provided when the VA allows you to be treated by and outside Dentist or maybe something else, that they per approved. The outside Dentist needs to agree to the VA payment schedule for covered treatments. It take a week or so to set it up unless the VA already has a provider approved in your area. They don't like using it a lot. They stopped mine after a few visits. I liked it, I guess that's why they stopped it.

[vetquest]

On 6/21/2019 at 1:22 PM, Richard1954 said:

I now think  because of changes in law concerning bradley v peake   it is possible to have both a TDIU award and still be rated 100%. This is because the VA must rate you in such a way as to assure  we get maximum benefits under law. This is possible in cases were a veteran could get Housebound SMC S with a TDIU,  but with a 100% rating doesn't have the separate 60% rating to get housebound, so the veteran could actually be rated 100% and still receive a TDIU award because that is the only way they can get the SMC S.  Previously,   the VA would never consider rating someone TDIU if  they have a 100% rating because it was thought there were no additional benefit to such an award... this changed with Bradley v Peake.  ( Hope I did not confuse)  

@Richard1954, you are correct in this assumption.  I have this exact rating.  TDIU for a single condition and a 60% disability but also 100% scheduler.

[Richard1954]

1 hour ago, foreveryoung said:

Fee Base is provided when the VA allows you to be treated by and outside Dentist or maybe something else, that they per approved. The outside Dentist needs to agree to the VA payment schedule for covered treatments. It take a week or so to set it up unless the VA already has a provider approved in your area. They don't like using it a lot. They stopped mine after a few visits. I liked it, I guess that's why they stopped it.

I know what Fee basis is I just didn't think they did  Fee Based Dental Care... 

[GeekySquid]

On 6/21/2019 at 3:53 AM, foreveryoung said:

  I asked for a letter on VA letter head that states that and within 3 hours I had one emailed to me

@foreveryoung

It was a good choice to call yourself but have you checked your Letters on Ebenefits lately?

The reason I ask is if it is not in your letters that VA employee could possibly be giving you the wrong information, even if they did send an email.

I only suggest you double check because I would hate to see you get hosed because a VA employee didn't really understand the situation you are in.

As a 100% on TDIU you cannot work more than poverty level income, just like on SS Disability.

As 100% Schedular you can work as much as you like. You could earn a million dollars a day and you would still be 100% and get your compensation.

If on TDIU you also had another non-related SC condition at 60% or higher you would be eligible for SMC(s) Statutory.

The glitch can happen if, in the situation, your TDIU condition worsened and they bumped you to 100% Schedular but that bump included your other non-related 60% condition. In that case they would leave you TDIU because changing you would DECREASE your compensation.

So please go check your letters to find out exactly what they say. The one sure sign you will see is in your Commissary letter. On TDIU the expiration date of your base ID card is the date of your next TDIU review. IF you 100% Schedular there is no expiration date.

My Commissary letter states "....is an honorably discharged veteran of the Navy and is entitled to
disability compensation at the 100 percent rate due to service-connected disability(ies).

This total disability is considered permanent. You are not scheduled for future examinations."

A TDIU that is not P&T would have the dates in that last line.