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

[foreveryoung]

GeekySquid

 

Yes I just check the Letters on ebenefits and it shows 100% P&T.

Edited January 29, 2022 by foreveryoung
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[Buck52]

14 hours ago, Richard1954 said:

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

Can I get dental care through the MISSION Act? Eligibility for dental services has not changed under the MISSION Act. You should talk to your VA care team about eligibility for dental services. 

 

32 minutes ago, foreveryoung said:

GeekySquid

 

Yes I just check the Letters on ebenefits and it shows 100% P&T, and no future exams. No where do I see the TDIU list anymore. I do also have a single 60% rating for one of my disabilities. But I don't feel I meet the standard for SMC-S.

Mine shows the same thing that I am considered 100% with P&T and the part about no future exams and that my disability is chronic in nature and not expected to improve in M y life time...but does not say my TDIU P&T IS MOOT ,it never mentions my IU.

LIKE SOMEONE SAID Richard1954 or Geeky I believe   you need to check on ebenefits or .gov  for more information that your TDIU P&T is actually moot.

Those VA Employees can and will get us in a mess  and there;s No recourse we can do about it  when they mess up.  other than Appeals and ask for a through examination of our claim  and there's no telling what might happen then? it could benefit us or it could hurt us in a possible reduction  if they find some thing where they screwed up.

[GeekySquid]

23 minutes ago, foreveryoung said:

No where do I see the TDIU list anymore.

 

This is your best solid evidence that you are indeed 100% Schedular P&T.

You, if able, can choose to work whatever hours/job you are able. If you are not able to work then consider SSDI but be aware that if granted you will go back under the same restrictions on income that you had under TDIU. If that limitation is okay with you then consider applying for the SSDI.

25 minutes ago, foreveryoung said:

I do also have a single 60% rating for one of my disabilities. But I don't feel I meet the standard for SMC-S.

SMC(s) has two parts. the First is Statutory SMC(s). All that means is that you are 100% P&T and you have a non-related SC condition.

The second part of SMC(s) is that you are physically limited (meaning most of the time) to staying in your home because of your SC rated conditions.

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this is the legal definition of SMC(s)  38 USC 1114

https://www.law.cornell.edu/uscode/text/38/1114

(s)

If the veteran has a service-connected disability rated as total, and (1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, or, (2) by reason of such veteran’s service-connected disability or disabilities, is permanently housebound, then the monthly compensation shall be $2,993. For the purpose of this subsection, the requirement of “permanently housebound” will be considered to have been met when the veteran is substantially confined to such veteran’s house (ward or clinical areas, if institutionalized) or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout such veteran’s lifetime.

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In effect, based on what you say here, you have a STATUTORY right to SMC(s).

That means bout 350 bucks a month.

If you don't want that money or it would make you feel uncomfortable taking it, please apply and I will take it off your conscious.

I am not telling you what to do, but Congress intended that specific scenario that you say you are in.

Further, the VA is supposed to have inferred that SMC when they bumped you to 100% Schedular or rated you at 100% TDIU at the time you were rated at that additional 60%.  If you read 1114 you will NOT find any requirement listed for the rating to be P&T.

You seem to have a claim to a retro SMC(s) back to whatever date that additional 60% was awarded. If you go back to Ebenefits /Disability link and screen cap just the listed disabilities someone here can give you a solid time frame for the potential retro or you can figure it out yourself.

Do the math, if you were TDIU in 2011, and that 'other' 60% was awarded in June 2015 (that's just a random year for this example) you would be entitled to approximately $350 x 48 months=$16,800

I don't know about you, but I would not let the government keep money I am entitled to. I believe in paying taxes to support our nation, I also believe I earned the compensation Congress has specifically allocated to disabled veterans like myself and everyone here.

Let us know what you decide and how it goes

[GeekySquid]

4 minutes ago, Buck52 said:

but does not say my TDIU P&T IS MOOT ,it never mentions my IU.

@Buck52

This is one of those things that chaps my hide about the VA and their reporting & notification processes.

If a vet is TDIU and then gets bumped to Schedular, the VA does not explicitly notify the vet that the TDIU is mooted. They don't seem to be concerned that for some veterans (not all by any means) the limitations on income that come with TDIU are kind of harsh. I do understand the limits, I just find them to be harsh.

Only being able to earn poverty wages, is in some parts of the county, not sufficient income even with a 100% compensation rating.  This year a single veteran with no dependents gets $3,057.13 x 12 = $36,685.56. Poverty wage this year is about 13K.

That amounts to around $49K. In some states that is not even the median income much less the actual cost of living.That holds true in parts of New York, California, Illinois, and even Texas.

Here in Washington State, that will allow you to get subsidized rent in many countries.

If that veteran can, needs or wants to augment their income above Poverty wages they have to lie/cheat/work under the table, and that jeopardizes their basic compensation if caught. Yet the VA does not specifically tell veterans when that restriction lifts.

It is one more example of Veterans having to learn "VA-ese" to get what we Congress says we are entitled too receive.

[GeekySquid]

23 minutes ago, Buck52 said:

it could benefit us or it could hurt us in a possible reduction  if they find some thing where they screwed up.

@Buck52

 I often wonder about this, but in the whole I don't see a lot of veterans complaining about being reduced. Maybe it is just that I don't run into those specific veterans a lot.

Do you have much first hand experience with veterans who have been reduced?

how about veterans who have received a proposed reduction letter?

I am curious what the numbers are and how many beat back the reduction..

[Buck52]

I may not have mention THIS??

I was TDIU P&T  And then had another separate and distinct S.C.Disability rating for CHRONIC PTSD  ..>After I had been TDIU P&T FOR 13 YEARS .

What they did when I recieved that rating  was give me the SMC S H.B. ...like Geeky mention about 350.00 extra a month on top of my I.U.(paid at the 100% rate.

they never mention my TDIU P%T Was Moot  no letter or any mention of the IU BEING MOOT took away from me...so until I do receive a letter from my R.O. Letting me know my TDIU P&T IS MOOT and I am now 100% scheduler.  THEN I'll be satisfied and not send in those 21 -4140's   Veterans need to watch that,  Alex aka asknod Is helping a vet that was SENT A REDUCTION NOTICE for not sending in the  21-4140   although they never sent him the 21 -4140 because  its the Veterans responsibility to send that in each year.  anyway Alex is fighting for this vet to keep his rated  s.c.benefits.

Here's the kicker for me that I am not so sure about..

Although it says in e benefits that I do have a 100% Final degree Rating.

I.U. IS NOT MENTION IN MY LAST AWARD  FOR  MY 70%S.C. PTSD

Edited June 24, 2019 by Buck52