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

[LanceJoseph]

19k4life, I am in the exact same boat as you I was awarded TDIU w/SMC-S.My EB award shows both but my SMC isn't listed on my award letter, Its inferred due to TDIU.  I have consulted with many ppl at the VA. What I have been told again and again is that My IU award will stand until I am able to maintain gainful employment. Once that happens I will lose my SMC-S and get paid at the 100% scheduler P&T rating. 

[Buck52]

Here is what Vetquest meant in his post

''Buck, I recently read a 2017 VA Raters Guideline directing the Rater to be sure that the New Scheduler 100% Rating, wouldn't jeopardize an IU Vet receiving SMC S (1). If it would result in the disqualification for the S (1), the IU Rating was to be continued.''

I believe this is what happen or happening to me if they take my TDIU AWAY MAKE IT MOOT then I would more than likely lose my SMC S H.B.

CAN YOU SEE WHAT WERE SAYING HERE?

This is from an older ELDER  ex member of hadit..he eventually had to get off hadit because he had that brain cancer the Senator John Mc Cain had Brain surgeries several times  the last surgery he had I don't think went over to well?

 his hadit screen name was'' Gastone.''.I am not sure if he is still living or the brain cancer got to him and he passed away?

I don't get emails back from him anymore  but he once told me if I don't hear from him  he is either messed up in the head(out of it) or taking his dirt nap,  

He was very good here on Hadit. I sure do miss him.

I disagree with Richard 1954  I believe the VA can Make IU Moot.but don't always do that for a veteran that they used the CFR38 16(b) extra scheduler it would jeopardize his other ratings like SMC' S, but this is just my opinion ,   maybe other hadit members will chime in about the VA MAKING A VETERANS IU Moot?  If he reaches the 100%schedular rating?.  I believe they can make it moot.  if the veteran ask for the 100%scheduler AND IT DON'T JEOPARDIZE HIS SMC-S if he has that.

so I am thinking its the way the Veteran got the TDIU Rating  under a combined rating  but didn't make the 100% for his  combined service connected condition's & was inferred the TDIU P&T  IF HIS SERVICE CONNECTED CONDITIONS KEPT HIM FROM WORKING.

 

Edited February 29, 2020 by Buck52

[19k4life]

Lancejoseph.

I'm not sure if you have read.thru all comments from me and others. You know my current situation.

I just got this award letter today. I've been working since April 2019 till currently. So you think I can still continue working and let va know this until I hit my 1 year mark and then that makes me maintaining gainful employment thus will then revert back to my scheduler?? No re-exam, no reduction letter?? I highly doubt that will be the case since they deemed me employable so my disabilities somehow improved.. I'm certain it will cause me further headaches.

Thanks for your comments and hope you can further enlighten me on how I should go about this.

[LanceJoseph]

19K4life - The best advice I can give you is to call the VA Monday.

1. Ask for claim clarification and find out if going back to work would render your IU moot and thus go to scheduler.  

2. Get all paperwork together, sick days, even a buddy statement from a manager on how impactful your disabilities have been. 

3. Inform the VA that you have been temporarily employed. 

4. Request a copy of your code sheet!!!! ( this will allow to see what each rating is static or Not) Static is unlikely to change and therefore no future exams unless you give them a reason

I believe if you continued to hold employment your IU will become moot and you will continue to be paid at the scheduler rating. I also believe your smc award will stand because it isn't due to the 100+60 rule, If i had to guess its due to your knees. which is why yours shows up on your award letter and mine does not, mine is dependent on TDIU and the 100+60 rule.  Hope this helps brother!

PSA- All of this is my opinion and i'm not interested in getting into an information pissing match lol. 

 

[Buck52]

19k4life

iT DEPENDS ON HOW THEY GAVE YOU THE IU,

IF YOU GOT THE IU ON A COMBINED RATING AND YOUR RATING WAS UNDER THE 100%  AND THEY GAVE YOU THE IU BECAUSE YOU COULD NOT WORK DUE TO THESE COMBINED RATINGS  IF YOU HAVE SMC S  THIS IS WHY YOU SHOULD NOT WORK   THEY CAN TAKE AWAY YOUR SMC if you work and also take away the IU.

NOW WHAT MAKES THIS CONFUSING IS THAT YOU HAVE ANOTHER RATING OF 100%SCHEDULER,

FOR THIS REASON I WOULD THINK THEY CAN MAKE YOUR TDIU MOOT AND GIVE YOU THE 100%SCHEDULER  BUT IF IT JEOPARDIZE YOUR SMC THEY MORE THAN LIKELY WILL KEEP YOU AT THE IU.

CALL THE 1-800 # AND ASK THEM THIS QUESTION?  IF YOU CAN REQUEST THE 100% SCHEDULAR RATING AND GO BACK TO WORK..IF  THEY TAKE AWAY YOUR SMC -S ?

BUT YOU CAN WORK AND STILL GET THE 100% COMP EACH MONTH  A LOT OF VETERANS CHOSES TO WORK  BECAUSE THEY CAN OFF-SET THE SMC THEY MAY LOSE TO A BIGGER AMOUNT BY WORKING.

This is probably the thing to do in your situation.

[LanceJoseph]

36 minutes ago, Buck52 said:

I believe the VA can Make IU Moot.but don't always do that for a veteran that they used the CFR38 16(b) extra scheduler it would jeopardize his other ratings like SMC' S, but this is just my opinion ,   maybe other hadit members will chime in about the VA MAKING A VETERANS IU Moot?  If he reaches the 100%schedular rating?.  I believe they can make it moot.  if the veteran ask for the 100%scheduler AND IT DON'T JEOPARDIZE HIS SMC-S if he has that.

so I am thinking its the way the Veteran got the TDIU Rating  under a combined rating  but didn't make the 100% for his  combined service connected condition's & was inferred the TDIU P&T  IF HIS SERVICE CONNECTED CONDITIONS KEPT HIM FROM WORKING.

 

As BUCK52 says here, is what I have been told. I am still technically IU but also 100% P&T but because I have not shown I can hold gainful employment therefore I keep my SMC until that happens. I was told the same thing, that the VA is Maximizing my benefits if only for a year in my case once I start working. I would also ask the VA on monday why you are being given SMC award, check your dashboard on Ebenfits and click on additional benefits (it should go into detail as to why your receive SMC) 

Edited February 29, 2020 by LanceJoseph
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