IMO for Permanent and Total?

[cali_21B]

I was recently granted TDIU (with a 90% rating) 6 months ago. I filed new claim and was awarded a 10% rating for arthritis and 10% rating for scar tissue, which put me at 100% combined, but the VA did not make me permanent and total. I have had my ratings for over 10 years, which include 70% TBI (ptsd, anxiety, and depression is lumped under my TBI rating), 50% Sleep Apnea, 30% migraines, 20% Horners Syndrome, and six 10% ratings. 

I am hoping that my Dr's will see that my conditions are static and have not improved (they have actually gotten worse) and will fill out a form from the DAV that basically is saying that my conditions are static and not expected to improve. I am going to work with my primary care Doctor first to see if he agrees, if not I will go to my Psychiatrist, and if that doesn't work I guess I will reach out to Dr. Bash or Dr. Anise.

My question is, has anyone had any success getting their 100% combined rating with TDIU changed to permanent and total with a IMO? Any advice is appreciated also. Thanks in advance. If anyone needs any help with their TDIU claim, don't hesitate to contact me as I can assure you that I got it on the first try, with a LOT of help and advice from these forums.

Edited January 18, 2020 by cali_21B
Clarity

[blahsaysme2u]

just as a folllow up and some googling, cck website also says:

https://cck-law.com/blog/how-to-get-100-percent-disability-rating/

 

Quote

 

100% Schedular Disability Rating 

As indicated above, VA uses the VASRD to assign disability ratings for service-connected conditions.  If a veteran has a single service-connected condition that meets the requirements for a 100% disability rating, VA should assign it accordingly.  However, veterans can also receive a 100 percent schedular disability rating if they have multiple service-connected disabilities that add up to 100 percent.  Specifically, when a veteran has multiple service-connected conditions, each with its own disability rating, VA combines them together using “VA Math.”  To calculate a combined disability rating, VA starts with the veteran’s highest disability rating, and then works down the list of disabilities, combining them from highest to lowest.  Once VA has combined all of the disabilities, it will round up to the nearest 10 and the veteran will receive the level of monthly compensation associated with that rating percentage.  Therefore, veterans can get a 100 percent disability rating if their multiple disability ratings combine to 100 percent.

 

 

[Dustoff1970]

I may have posted this earlier but between 1998 and 2000 I was granted a reopened 70% PTSD IU claim and filed additional CUE and VA Injury claims.  In each of these claims I also ask the VA to make my PTSD IU rating to be permanent and total and in August of 2000 they  did just that making me TDIU P&T and without another C&P exam.

From 1985 to 91 I was rated 50%Nam PTSD down to 30% and then VA terminated my PTSD rating because of a sorry ass older Korean War VSO who was indifferent to hostile to my situation.  I was later told by former commander of California DAV that I should have been rated 100% from the very get go and ever since 98 I have filed my own claims and appeals myself with mostly success. 

If you request P&T status which I think you are entitled to after 10 years of static status then it is possible VA may see this as an increased claim and send you to another C&P so be proactive and prepared for this.  IMHO I believe if I had not ask   for it the GD VA would never have made me P&T.

My info to you is not legal advice as I am not an attorney, paralegal, or GD VSO.

Edited January 20, 2020 by Dustoff 11

[FormerMember]

16 hours ago, blahsaysme2u said:

what does this mean? why would you not qualify for SMC if you are 100% combined. i posted on another thread about smck for ED:

this came from cck website. 

It seems we have too many threads going at one time here. First, look at SMC. It isn't JUST SMC K for loss of use of a creative organ or SMC S because you have 100% + 60% in separate ratings. It can be SMC L for A%A and SMC L for LOU of upper or lower extremites. It can be SMC L for blindness. Even worse, when you start combining SMC qualifiers, you need even more knowledge to figure out how to add them up to get the most out of it. Read this carefully. 

https://asknod.org/2013/02/27/special-monthly-compensation-what-is-it/

In order to understand SMC-all of it-, you have to comprehend what it is, when it began and what you need to get there. Take SMC Q. Used to be if you had two or more 0% ratings that caused you problems, VA would give you 10% for them. That is no longer the case. By the same token, you do not need a 100% schedular or TDIU rating to attain any SMC K. 

An SMC rating is merely the gateway to the higher SMCs like A&A, LOU of extremities, blindness, being bedridden, R1 and R 2/T. To get SMC S, you have to be legitimately housebound by your disabilities and/ or have 60% or more in separate ratings not related to the 100% schedular/TDIU rating. I see the flaw in some of you folks thinking. TDIU is awarded due to a disability which is less than 100% but causes you unemployment. When VA grants TDIU, it isn't a new rating on top of the 70% for PTSD. It is TDIU for the PTSD. 

So, if you chose to use a "combined pathway" to get to 100%, you would add up all your ratings from largest to smallest. The moment you cross over 100% combined, you are technically 100%. But if you had 70% 10 years ago for MDD and they granted you TDIU, they do not rebuild it in 2020 when they grant some new stuff and try to make a 100% combined rating out of it. They'll just leave you at TDIU. Until you reach a 20-year protection under 3.951, VA is always going to be snooping around trying to whack you down and reduce your rating. Their M 21 computer has it programmed in to checky check every once in a while to see if they can whack you.

 I have a really good friend dying of liver cancer right now. VA was snooping around in 2017-18 and found he said he'd shot up some heroin after separation to "self-medicate" for his 70% PTSD. Whoa, hoss. That's willful misconduct and they began the process to strip him of the 100% liver cancer P&T rating. I had to jump in and point out the Purple Heart, CIB and the transfusion from the GSWs. They backed down but what if I hadn't been there? His wife would lose the DIC and I'd have to begin another 3-year battle to get it back.

I have attacked VA via a new claim for Vets saying "Hold the phone. Johnny Vet qualifies for TDIU solely for his 70% PTSD. Thus if he has a 60 for IHD, a 40% for DM II, 20% in all four quadrants for PN secondary to DM II, blindness in one eye due to diabetic retinopathy, Tinnitus and flat feet etc., Buie v. Shinseki says give him the TDIU for the PTSD and then add up all the extras to reach SMC S. As I said above, VA will always attempt to fence you out of SMC S if they can by trying to use the combined 100% rating path. 

This is the difference between TDIU P&T/ 100% combined P&T and 100% schedular. In most cases, if VA pulls the trigger on 100% schedular, a P&T will be permanent. If you have TDIU or 100% combined, they'll always be coming back trying to find out if something got better. They have to find it before you cross over the 20 year mark and become protected. 

SMC Ks are listed in §3.350(a)(2). You can get as many as you qualify for and you don't have to be 100% schedular/TDIU or 100% combined. SMC is extremely complex VA law. It's confusing and seems to double back on itself. I can "smell" SMC S just like I can smell dog doo-doo on my shoe. I've been doing this since 1989. There are about 10-20 NOVA attorneys who  are experts in this. Other attorneys will blow you off and say they're too busy to take you claim. That's BS. They're too dumb to figure out SMC law and too lazy to learn it. That's why I get their referrals. 

[Buck52]

Just as with my 90% combined rating  They gave nme the TDIU P&T Using the extra scheduler 4.15/16 (b) due to I could no longer work or do the work I was trained to do...So I was giving TDIU P&T But my rating Was still a 90%combined rating being paid at the 100% rate.

Ok few years later I filed another claim  a PTSD Claim and was given a 70% rating  and the rater gave me the SMC S H.B. because this is a Mandatory rating   when  Veteran is either IU or 100%   they use the IU as a 100% rating  So with my 70% SEPARATE RATING FROM THE REASON I WAS TDIU P&T that's the 60% hump I Needed to get the SMC S. H.B.   

Note* not all raters will catch this.

I now have a final 100%degree rating...with 2 years left for my 20 year rule.

not sure I am still consider the TDIU P&T?  Its not listed in E benefits EOB.

Edited January 20, 2020 by Buck52

[cali_21B]

Wow, this is a lot of information to take in. Nonetheless, I really, really appreciate you taking the time to educate me on this process. I am still a little confused but I will look into this more asknod. Thanks again. I will keep you updated on what is happening with my claim. The most important aspect of my claim is to get my dependent on educational and health benefits which I believe my disabilities warrant. I will ponder over your advice and make a decision on if what I am doing is in my best interests.