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P&T, is he safe?

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allansc2005

Question

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!

 

 

 

 

 

 

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12 hours ago, allansc2005 said:

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.

There is a wrinkle in getting SMC S with TDIU.  One of your disabling conditions would need to be declared as the reason you are TDIU before you can get SMC S.  I am TDIU for migraines and PTSD, in a recent decision they stated that my PTSD alone is the reason for my TDIU.  I was then awarded for neuropathy at 70%.  This allowed me to collect SMC S. 

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  • HadIt.com Elder

For all Intent and purposes  lets say your combined 90%  TDIU is equal to a 100% rating. period.

& you have another condition that is seperate & distink to the IU. you get it service connected and rated

This is the kicker here  the separate and distinct condition if rated 60% or higher is what qualifies you for SMC -S 

so basically the VA is saying the IU is a 100%rating although your original rating was 90%  but because you can't work  they gave the IU in which your paid at the 100% rating

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Buck,

I have a hodgepodge of conditions leading up to the 90% Scheduler, including SC secondary conditions.

Highest condition being 40%-nothing to do with hearing, to the lowest 0% -hearing loss.

 

I took your advice and gathered buddy statements, Audiology reports.., and submitted my claim for increase last night.

 

Sort of went over these discussions with one of the attorneys who visits here, and after looking over my evidence, she agreed with you, 30-60% on the hearing, good little chunk in back pay, but she was skeptical about the SMC.

 

Allan 2-2-0 HUAH! 

 

 

Edited by allansc2005
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