100 granted but tdiu or schedular

[19k4life]

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 February 23, 2020 by 19k4life

[Richard1954]

On 2/23/2020 at 1:00 PM, pete992 said:

Believe it or not 100% scheduler is a higher and harder rating to get.

I guess that is a matter of opinion, I have one combined 100% rating and one 1005 rating based on a single condition.... and for the heck of it I was also awarded TDIU for a different condition that the  100% ratings are for. 

[Richard1954]

On 2/26/2020 at 12:02 AM, Buck52 said:

THEY MADE THE IU MOOT

I doubt this... simply because the va doesn't moot TDIU because you got a 100% rating later.  You may think it was moot, because of the 100% award, but unless you receive a letter revoking the TDIU award you still have a TDIU award. 

[Richard1954]

On 2/26/2020 at 2:31 PM, 19k4life said:

Would working gainfully be allowed since schedular 100 has no limitations? 

No.. because once your granted TDIU it that award is never revoked ( unless it was based on fraud)  

Also if you were granted T&P and chapter 35 benefits both times,  your dependants have two separate awards for chapter 35.. which doubles the amount of time they can spend in school. 

[19k4life]

Richard,

I think your educated experienced opinion on my award make sense. Others here had different circumstance than mines. Either they got the TDIU first then p&t later in time and never worked like broncovet..but for brokensoldier sort of contradicts what ur saying coz he had tdiu then 100 scheduler and his award letter on ebennie never states TDIU but only scheduler. Very interesting..

Brokensoldier. Is this correct with your story of tdiu then scheduler at a later date? If so, how far was the TDIU to scheduler coz you said about working this coming march?

Yes. It seems like I got my award letter with both Tdiu and scheduler with different effective dates. I must stop working or face later problems with repaying portion of retro and re-exam for fraud or to reduce my benefits. My MRI and diabetes don't lie so I feel confident about no fraud.. 

My 2019 tax was for not full year since I started work on April 8th 2019 which was only 21-24k which should be below poverty level for family of 4. Not sure when or if I should send in the 21-4140? If I should disclose the dates. Since I just got the TDIU this year if they will audit or seek SSA or IRS my tax info on 2019.

I'm not more on leaning towards quitting work asap before hitting my year mark on April 2020. Should I even bother now in calling va Monday to get more clarifcation??

Thanks all again. More stress now than ever.

[Buck52]

Ok Richard 1954

Since your so smart  answer this Veterans question(19k4life)

Can he work having 2=100% ratings? One is IU %100%  and the other is 100%scheduler.

Also answer this for me

I been TDIU P&T FOR OVER 18 YEARS ...I STILL SEND IN THE 21-4140-1 QUESTIONNAIRE LETTER TO LET THEM KNOW I AM NOT WORKING.?

DO I STILL NEED TO SEND IN THIS QUESTIONNAIRE LETTER?21-4140-1???

BECAUSE I HEARD HERE ON HADIT WE DON'T NEED TO SEND IT IN?

..BUT ITS MY OPINION IF A VETERAN DON'T GET A LETTER FROM HIS R.O. LETTING THE VETERAN KNOW HE DON'T NEED TO SEND IT IN ANYMORE   THEN HELL YEAH  HE DON'T NEED TO SEND IT IN AND HE BETTER KEEP THIS LETTER.

  I ON THE OTHER HAND HAVE NOT RECEIVED SUCH LETTER.

[19k4life]

Buck52.. I believe wht Richard is saying is hell no I can't work. Tdiu doesn't get revoked unless it was a fraud.

He does make sense and I better make a quick decision soon or face re-exam reduction letter and all sorts of craziness..

I made the mistake initially for asking to appeal tdiu. At that time I never guessed I could work but took it to feed my family.

Sad and depressed. Only my fault for not thinking this through.