From TDIU to P&T 100%

[LanceJoseph]

Hello all, A bit about my situation, I'm currently TDIU with SMC-S after a decision from the BVA, I filed for an increase on my knees and back and am now 100% scheduler P&T. I haven't received the decision letter yet but three disabilities have been increased on E-bennies with adds up to over 100%.

I have questions about what happens now, My understanding is that I will remain at the current TDIU & SMC status until I try to return to work and then I will go down to the 100% rate, I will lose the SMC-S status due to my disabilities not adding up over 160%. If you have any information or input it would be greatly appreciated. Thank you all. 

[broncovet]

That sounds about right.  

[ShrekTheTank]

I have a question for you.  How did you get smc-s on TDUI?  Reason I am asking is your issues might be worse than they just rated you at?  Also do you have any secondary conditions not rated?  

Give us a bigger picture of what is going on

[vetquest]

As broncovet stated you are right.  @shrekthetank1, if one of your conditions is conserved severe enough to be rated for TDIU you can then get smc-s if you have other conditions that are 60% or more.  I get smc-s in this situation.  

@LanceJoseph, the only fly in the ointment is that the VA may look at you sideways if you suddenly are able to work after receiving TDIU for some years.  I am in the same situation where I was TDIU and then went to 100% scheduler.  I know we do not say "don't poke the bear" as that is nonsense but I do not know how my going back to work after being on TDIU for ten or so years is looked at.

[Buck52]

Vetquest  it will effect you if you go back to work and they used a part of your IU Rating to become 100% scheduler?

.if they used in part some of your conditions that you had to get the IU  And later had combined S,C, Conditions that added up to100% AND IU was MOOT   if you had another condition OR A COMBINED SET OF CONDITIONS THAT WERE APPROVED AND SERVICE CONNECTED AND GIVEN A RATING  OR JUST ONE SEPERATE AND DISTINK  that was rated 60% or higher then thats what got you the SMC S

  NOW, IF YOU GO BACK TO WORK THEY COULD POSSIBLY REDUCE YOUR IU RATING WHICH IN TURN LOWER YOUR RATING TO EITHER BELOW THE 100% WITHOUT SMC or at a lower rating 

in other words we can't use the conditions that combined us up to the IU  TO MAKE THE 100% SCHEDULER RATINGS...BUT WE CAN USE OTHER COMBINED RATINGS  IF THEY MEET THE 100%  THIS IS HOW OR WHY THE MAKE THE IU MOOT. (JMO)

i WOULD GET WITH AN EXPERIENCED VSO OR AN ATTORNEY AND ASK THEM ABOUT THIS?....BEFORE YOU DO ANYTHING....

[Buck52]

LanceJoseph

I have questions about what happens now, My understanding is that I will remain at the current TDIU & SMC status until I try to return to work and then I will go down to the 100% rate, I will lose the SMC-S status due to my disabilities not adding up over 160%. If you have any information or input it would be greatly appreciated. 

THIS IS CORRECT

if your RATED TDIU AND THEY INFRARED THE SMC S  its because you  must have had another separate condition rather than what you got the IU for ...the seperate  s.c. condition was rated at 60% or higher  this is basically what got you the SMC . Now  if you decided to go back to work you take the chance of a reduction in benefts because they will come back and say that your condition  is not as bad as you claimed.  and rate accordingly  and this is not a pretty thing for a Veteran.but you always have the right to Appeal.