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
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[GeekySquid]

3 minutes ago, foreveryoung said:

s this why you think this is a CUE claim?

yes.

The VA has an obligation to infer such a status exists and explore that status. There is no direct claim that that says "Give me SMC(s)" per se, though you can open a claim for that as an increase under the Supplemental AMA process as I understand it.

That means the VA has the opportunity to deny, ignore, etc. as I mentioned in the first post.

CUE has to be clear and unmistakable error that were it decided correctly (and under the law) has a materially different outcome.

Read the document that Tbird post that I tagged you to. Section ten around page 30 is the start.

You want to pay attention to the STATUTORY language and how the whole process is supposed to work for all SMC claims.

CUE's go directly to the VARO that made the error and are submitted on paper. It is a collateral attack on the VA's failure to obey the regulations (4.6 in your case) and also to maximize a veterans legally allowed claims. Your cue also violates VA policy built on the laws which by itself is a potential CUE and will be part of the one you write for this issue.

Cue has the advantage that it goes around the standard processing and does NOT prevent you from using the standard processes if your CUE is denied. You do get a second bite of the Apple at the RO level when dealing with CUE this way.

What you don't get to do is, if the cue is denied, file another CUE on the same error at the VARO level.

If you gather all your documents and scan them in (with personally identifying information redacted) and upload them here, people can assist you in writing the claim.

To me, based on what you posted here, your CUE is clear. You are statutorily entitled to SMC (s) at least from the date you received that additional independent 60% rating. When that was I don't know from your posts.

This applies to if you were TDIU at that time or if you were Schedular.

You don't need to be P&T to get SMC.

depending on the timeline of things you might have a fairly decent amount of retro. it comes to like 350 a month or 4,200 a year. 5 8 or 10 years at that amount is a really nice chunk of change but even if it is only one or two years that is a nice vacation or new furniture, or pay off bills. etc.

 

 

[foreveryoung]

GeekySquid

 

Good Morning, I was just reading over my award letter from 4 Nov.

Edited January 29, 2022 by foreveryoung

[GeekySquid]

12 minutes ago, foreveryoung said:

Which granted me 100% TDIU from my 90% rating

Morning.

Okay I am unclear on something.

Were you 90% TDIU, then bumped to 100% Schedular?

can you do us a favor and screen cap the Disability page on Ebenefits (redact any personal info like name) and post that picture?

(if you don't know how to screen cap, on a windows PC press the CTRL key and the PRT SC key, then open a program like Paint or even Word and press CTRL+ V to paste in that screen capture. Then use Paint or a drawing program to black out any identifying information)

That picture shows how the awards are related and that relationship is the key to whether they used the 60% in your combined ratings for 100% (tdiu or schedular).

16 minutes ago, foreveryoung said:

have 8 separate SC  disabilities totaled up to 210%. plus 1 SMC-K.

VA math is not linear. So for normal math, 210% is the result, but for VA Math you take the highest award, add the next highest and use the charts to figure out what that means, then so on and so on

so you have

60 + 50 = 80

80 + 50 = 90

90 + 40 = 94

94 + 10 = 95

for pay purposes 95 rounds up to 100.

what we don't see in your post is if any are bilateral and how they are related, meaning what they are for and if they are secondary to other rated conditions.

[foreveryoung]

GeekySquid

This is what and how it is listed on ebenefits now as of the 100% award.

 

 

Edited January 29, 2022 by foreveryoung
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[GeekySquid]

1 minute ago, foreveryoung said:

This is what and how it is listed on ebenefits now as of the 100% award.

okay, I really wish you would  post the screen capture. I am trying to understand the relationships between the awards, if any, that might affect how the math is done.

that said, as it looks, and I cannot be sure without actually seeing the page from ebenefits, the Skin Vulgaris is not secondary to anything else.

3 minutes ago, foreveryoung said:

Yes I was 90%TDIU than bumped to 100% after the 50% feet award.

so you are now 100% SCHEDULAR? right?

if that is true, and using what I see here PRIOR To your foot award you were

gerd 10 2003
ut 40 2003
sk 60 2012
depr dis 50 2004

hernia 0

hernia herniorrhaphy 0

Ed 0 (smc k)

so prior to foot in 2014 your probable math sequence was

60 + 50 = 80

80 +40 = 88

88 + 10 = 89

which by themselves round up to 90% without having to do the 0+0=10 thing.

That could/should justify the TDIU and getting paid at 100%

Assuming that prior to the 2014 rating for Bilateral Feet issues, you were TDIU

AND

once you got the 50% for Bilateral Feet they bumped you to 100% Schedular, if this is true, then the VA hosed you on SMC(s).

In order to Maximize your benefits the VA SHOULD have left you TDIU and awarded SMC(s) increasing your benefits by about a $350 a month.

Under MR21 Regulation, if a vet experiences an increase that would actually NOT maximize their award, then the previous level is to be kept to MAXIMIZE the compensation.

In your case, as outlined above in my post, you were 90% but paid TDIU at 100% until the award of 50% for your bilateral feet issue.

It looks like they bumped you to 100% Schedular to dodge paying you for SMC s, or at least that this the outcome.

Now be aware that as SCHEDULAR 100% there is no limit on the amount of income you can earn. All your ratings are 5 years or older so decreasing them would be a challenge for the VA. If you are older than 55 that is another barrier to reduction.

you have to decide if you want the TDIU rating to stand, which limits your possible outside earnings, or if the SMC(s) is sufficient to make it desirable to stay TDIU.

 

 

[foreveryoung]

GeekySquid

Thanks for all the help, information and expertise.

 

Edited January 29, 2022 by foreveryoung
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