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19k4life
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Question

Hello all,

I've been a big fan of this site and would like to thank all for the great insights pertaining to all.

My questions follows..

I filed a NOD in receipt on July 30th 2018 as va.gov showed. It was for a DRO review. I filed for 3 contentions for increase and TDIU. Which always shows as 2 different claims on VA.GOV site.

My current rating before NOD was at 90%. For total of 12 rated issues.

Recently this week showed up on VA.gov and ebenefits as granted 100 TDIU but on ebene I did the math..

50%, 10%x5, 20%x4, 30%x2.. This should add up to 95% which makes it 100 schedular so I thought... Below are what I saw from ebene. I'm just confused coz if 100 by schedular the TDIU should be moot.. Also, my disability on ebene shows 100 disabled. I want to have 100 schedular. Haven't received the brown envelope yet with decision letter. No retro pay yet.

I'm bad at pasting all info from ebene on this post...

Ebene benefit summary breaks down with checks:

1. You have one or more serv related disabilities. YES

2. Your combined serv connected disabilities are 100%.

3. Your current monthly award is:  effective date of last change amount and date.. $4158.32 / 12/01/2019.

4. You are being paid at 100% due to your unemployability due to your service disability. YES

5. You are considered t&p so let due to your serv connection. Effective dates of your T&P disability dates are 10/07/2017.

6. You are being paid SMC due to your service type severity..etc... YES

Everything here looks like tdiu 100 but my total math on my ebene shows 95 which us 100. My retro is another thing..if schedular..it seems as since my increase on the NOD was effective on 11/27/2019 that made me 100 by va math and the TDIU stated above was for 10/07/2017 effective.

Any help would be greatly appreciated.

Thanks in advance.

 

 

 

 

 

 

Edited by 19k4life
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  • HadIt.com Elder

What does your benefit letter day, that you can Print from ebenefits under documents? 

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Ebene benefit letter states.

Gross and net pay same..$4158.32

Effective date: Dec 1st, 2019

Combines Evaluation: 100 percent

 

My DRO appeal was in receipt on 07/30/2018.. It just closes with decision on 02/21/2020.. Never received a phone call or any letters..Just not sure if it's schedular or tdiu..but all signs looks to be tdiu...just weird how my disabilities adds up to 95 and shows 100 which I thought to be schedular. 

For those in dro appeal as me maybe curious of timeline..

I did a c&p exam as soon as I filedmy NOD..very shortly afterwards.

Had a favorable exam with a va Examiner who spent a lot of time talking and giving me his phone# if I ever needed help filling out any forms.. It was mainly increase my back and diabetes increase.. I was really low balled prev with only 10% for my back by my Examiner.. Now only increased to 20 but its hard to get 40 now with all the rom and difficult criteria.

Wish I knew how to post my c&p exam on here to help anyone with similar issues.

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  • HadIt.com Elder

Which VA benefit letter are you printing? Is it there one sheet you can pick what you want to print with check boxes? If so, use that one and sender all the boxes. If it looks close to this you are scheduler.i have dependents so my amounts are slightly different than yours.

 

 

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Edited by brokensoldier244th
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Yes.. Same letter just different amt and dates..

 

 

 

Ebene benefit letter states.

Gross and net pay same..$4158.32

Effective date: Dec 1st, 2019

Combines Evaluation: 100 percent

 

My DRO appeal was in receipt on 07/30/2018.. It just closes with decision on 02/21/2020.. Never received a phone call or any letters..Just not sure if it's schedular or tdiu..but all signs looks to be tdiu...just weird how my disabilities adds up to 95 and shows 100 which I thought to be schedular. 

For those in dro appeal as me maybe curious of timeline..

I did a c&p exam as soon as I filedmy NOD..very shortly afterwards.

Had a favorable exam with a va Examiner who spent a lot of time talking and giving me his phone# if I ever needed help filling out any forms.. It was mainly increase my back and diabetes increase.. I was really low balled prev with only 10% for my back by my Examiner.. Now only increased to 20 but its hard to get 40 now with all the rom and difficult criteria.

Wish I knew how to post my c&p exam on here to help anyone with similar issues.

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I was mistaken earlier. Followed your directions with benefits letter with all boxes checked.. It was similar to yours but had employability on it..it must be for TDIU.. Just don't understand it if the math has it 95. Why wouldn't it be schedular and moot tdiu.. Will await the brown/white envelope but now I'm certain its tdiu..

 

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 Not sure what your question is?

But I would say yes you are still considered to be TDIU P&T.

Your SMC is because  You are being paid SMC due to your service type severity..etc... YES

4. You are being paid at 100% due to your unemployability due to your service disability. YES

This above don't mean your 100%scheduler   but you are being paid at the 100%rate.

your IU is what got you up to the 100% and the severity of your disability or combined disabilities is why you got the SMC.

if you have a combined evaluation rated of 95%    wait until you get you packet in the mail and look to see if they have you as a 100%scheduled rating....if not Appeal this rating  and let them know you have a 95% rating evaluation and there for makes you eligible for the 100%scheduler rating  and ask the TDIU P&T BE MOOT.

Edited by Buck52
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The crazy one here, I am inclined to think that at one point you were 100% TDIU P & T but with your DRO rating your overall combined disabilities increased to get you 100% scheduler P & T.  Yes, I know that a veteran doesn't normally have both 100% TDIU and 100% scheduler but the brown/white envelope will actually say what your combined rating will be.   Believe it or not 100% scheduler is a higher and harder rating to get. They both pay the same benefits but not too many veterans get the combined rating of 100%.  If you don't  already have it don't forget the Waived Life Insurance 

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You are gonna have to wait for the envelope..not ebenefits letters.  When you get the envelope, if its still unclear, then ask away.  I normally dont specualate on what ebenefits means when it says ______ , because its well known ebenefits and VA.gov are unreliable, not up to date, or just plain wrong.  

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You can be scheduler and TDIU for SMC purposes.  If you are 100% scheduler for a single disability you would need another disability at 60% to get SMC.  If you have one disability responsible for TDIU that is not 100% and others that add up to 60% you get SMC due to the TDIU disability.  This is a situation that many people do not understand.  Why it is done this way is to maximize the benefits afforded you.  If your scheduler made your TDIU go away you would lose the SMC when you are in this situation.  I am in this situation myself.  I have 70% due to PTSD which qualifies me for TDIU and am also 100% scheduler but would not be eledgible for SMC due to not having a single disability at 100%.

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I ran the numbers on an on-line calculator and got 94.07 for the combined rating. That doesn't round up to 95 or 100%, it rounds down to 90%. Good comments from everyone, however.

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I never had TDIU P&T before. My highest rating is 50% for sleep apnea. Maybe my calculation was off. 50, 10x5, 20x4, and 30x2...not 95 but 94??

Maybe I should just not rely on ebenefits and wait for the envelope to arrive.

Thanks all for the replies.. Much appreciated.

 

I was mistaken earlier. Followed your directions with benefits letter with all boxes checked.. It was similar to yours but had employability on it..it must be for TDIU.. Just don't understand it if the math has it 95. Why wouldn't it be schedular and moot tdiu.. Will await the brown/white envelope but now I'm certain its tdiu..

 

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On 2/23/2020 at 1:31 PM, GBArmy said:

I ran the numbers on an on-line calculator and got 94.07 for the combined rating. That doesn't round up to 95 or 100%, it rounds down to 90%. Good comments from everyone, however.

 

On 2/23/2020 at 2:04 PM, 19k4life said:

I was mistaken earlier. Followed your directions with benefits letter with all boxes checked.. It was similar to yours but had employability on it..it must be for TDIU.. Just don't understand it if the math has it 95. Why wouldn't it be schedular and moot tdiu.. Will await the brown/white envelope but now I'm certain its tdiu..

Never ever use an on-line calculator because they are always wrong, they use decimals.  Use 38 C.F.R 4.25 Combined Rating Chart and the numbers come up to 95 and VA will round  up to 100% scheduler. Yes, your rating decision will solve the confusion. The Combined Rating Chart doesn't use decimals.

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So it is 95% so why does all seem to point towards TDIU? Strange.. It should moot the TDIU of I meet the 100 schedular..The ebennie award letter has the 100% unemployability effective date as 10/06/2017.

 

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  • HadIt.com Elder

My decision letter at the time had me as 100 tdiu for the time since id filed the claim until the effective date, then there was a rating change on the effective date that made me 100p/t. On the same letter it was a bIt confusing at first, but I was rated both ways during the same period.

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I was TDIU P&T FOR OVER 13 YEARS  AT A 90%COMBINED RATING

I FILED FOR ANOTHER SEPARATE AND DISTINCT CLAIM  AND WAS AWARDED A 70% RATING

THEY MADE THE IU MOOT AND GAVE ME A 100%FINAL DEGREE RATING. AND SMC S H.B...ALSO HAVE  SMC K FOR  E.D,  ITS SERVICE CONNECTED BUT AT 0%  I GET AN EXTRA 109.00 PER MONTH GIVE OR TAKE A FEW CENTS FOR THAT  ITS ADDED INTO MY 100%

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1 hour ago, 19k4life said:

So it is 95% so why does all seem to point towards TDIU? Strange.. It should moot the TDIU of I meet the 100 schedular..The ebennie award letter has the 100% unemployability effective date as 10/06/2017.

 

Appeal the rating decision for TDIU P&T &Request the 100%scheduler   show them where your rating in 95%   at 94.9 you would still be considered to have a 90% rating  but if your disabilities all combined to the 95% Appeal it. ask to be 100%scheduler.

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On 2/23/2020 at 11:31 AM, GBArmy said:

I ran the numbers on an on-line calculator and got 94.07 for the combined rating. That doesn't round up to 95 or 100%, it rounds down to 90%. Good comments from everyone, however.

I took some snapshots of what it's shown on VA.gov..

 

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19k4life, please forgive me. I understand that you want to know what the heck is going on. Here at Hadit.com, we are trying to help you but we are only guessing/speculating at what the answer will/would be. It has been said over and over to never rely on ebenefits/VA.gov. and to wait for your rating decision. There will be times when a TDIU veteran files for an increase and be granted 100% scheduler. The 100% scheduler would be the new combined rating but the TDIU has its own effective date that cannot be taken away. Unless a veteran has a separate TDIU a veteran with TDIU then granted 100% scheduler will have both ratings but of course VA will only pay for one.  Your rating decision will come soon just let us know the final outcome of what was done. 

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On 2/23/2020 at 11:31 AM, GBArmy said:

I ran the numbers on an on-line calculator and got 94.07 for the combined rating. That doesn't round up to 95 or 100%, it rounds down to 90%. Good comments from everyone, however.

I took some snapshots of what it's shown on VA.gov..

 

I was never TDIU previously.. Only 90. Yes, I will wait till my packet arrives but curious coz I do have a lot riding on this being schedular or tdiu. Ebennie and va.gov might not be all accurate but I don't think it has any lies in 'em. Must be some truth to the award letter on ebennie. I'm just perplexed and anxious to which I am. Not all seems to be clear and dry...just wait for packet coz I do have behind issues to which outcome might affect me greatly.

 

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