P&T, is he safe?

[allansc2005]

Morning folks,

 

Got a veteran who's IU P&T, whose conditions are worsening. He would rather have the 100% scheduler because he want's to work.

Sadly, somebody has been telling this veteran to not "rock the boat" with the VA, and not file for an increase for his SC vertigo and hearing conditions.

It's my understanding that unless there is some evidence of unlawfulness, that P&T means just that, Permanent and Total.

The veteran is 62, if that makes any difference.

Given the above, are there any reasons why the veteran shouldn't file in order to try for 100% scheduler?

Thanks.

 

Allan 2-2-0 HUAH!

 

 

 

 

 

 

[Buck52]

The amount of compensation for a single veteran without dependents at the SMC(s) level is $3,421.90 per month as of December 2018. This compensation can be provided in addition to SMC(k) as long as the service-connected disabilities are not the same in both claims.Dec 4, 2017

[allansc2005]

Buck,

I had this discussion earlier with another vet  here.

He basically stated that in order for me to be eligible for SMC, I had to have ONE condition rated at 100%, and I got the impression that TDIU P&T in itself, doesn't meet the standards for SMCs.

My highest single  disability I have is 40%, and I'm now 90% Scheduler.

 

If I'm missing something here, please advise.

Allan 2-2-0 HUAH!

 

 

[Buck52]

Well TDIU P&T Is basically 100% although your disability is rated at 90% IU Your being paid at the 100% rate  so if you get your Hearing say increased to 60% or higher  then SMC s should be awarded...

Now if your TDIU P&T you can't leave home to work  (Nickelson vs Peake)  when a Veteran can't leave home for work  then he should meet the SMC Rating Criteria for SMC S House Bound.  but this has to be tested with the VA...Meaning I am not sure how they do that? but a TDIU P&T Vet should be able to get the SMC S H.B. because he can't leave home for/to work

so if you get an increase in your hearing loss and with your IU...you could possibly meet the SMC S H.B. Criteria.

depending on your hearing test results moderate hearing loss  could be 50/60% depends on the actual Numbers  that you show during your hearing test.

[allansc2005]

Buck, but the question is.., is TDIU considered one condition?

 

The way Richard1954 explains it, it's not.

 

Allan -2-2-0 HUAH!

 

 

[Buck52]

Well what happen to me is  I was TDIU P&T USING THE 4.16(b) extra scheduler at 90% combined rating &  not the 100% scheduler .

I was awarded the TDIU P&T   & had it about 15 years and I filed another claim and was awarded 70% S.C.   BUT THIS CLAIM WAS SEPARATED & DISTINCT  FROM MY IU CLAIM AND WAS ABOVE THE 60% 

 SO THEY USED A SPECIAL SMC  RATING TABLE TO SEE IF I QUALIFIED FOR SMC S.?.I did and they gave me the SMC S

Getting close to my 20 year make on the IU.

[Buck52]

*Note*  Richard 1954 is correct if the IU  or any conditions that helped get the IU,. because if the Veteran can't work due to his S.C. Condition but the conditions do not meet the 100%   then this is the reason for IU.

IF You have TDIU  P&T and your 90% combined rating for the IU   and you file a  separate & distinct  condition claim  then this claim would not have anything to do with your IU rating but boots you on up to meet the SMC Rating Criteria.