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

[19k4life]

Thanks lancejoseph for your info for Monday. I don't have smc-s but rather k which pays 119? Not sure but every penny helps. I do not have any mental issues. Apnea 50, planters 30, Diabetes rad 30, lower back 20x3, Diabetes II 20, knees 10x2, tinnitus 10, others 10x2.. I was at 90 prior to my new award giving me tdiu and raising my old back rating 3 contentions to 20% which prompted me to 100 barely..close to 95.

Buck52,

See above to see all my disabilities.. Never had or given smc-s. I guess calling Monday and asking questions will give me better understanding. Finding out what gave me the TDIU is important..was it my increase from my 3 increases from 10 to 20 or something else. It's just scary to keep working and having them lower my rating back down cause I maintained gainful employment for at least a year if I do plan to work till April 8th 2020.

Edited February 29, 2020 by Buck52

[Buck52]

On 2/23/2020 at 11:16 AM, 19k4life said:

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.

Well I was going by this statements you put up read #  6   ?

 

Quote

19k4life, quoted 

Buck52,

See above to see all my disabilities.. Never had or given smc-s. I guess calling Monday and asking questions will give me better understanding. Finding out what gave me the TDIU is important..was it my increase from my 3 increases from 10 to 20 or something else. It's just scary to keep working and having them lower my rating back down cause I maintained gainful employment for at least a year if I do plan to work till April 8th 2020.

 

 

 

 

 

 

Edited February 29, 2020 by Buck52

[Buck52]

I respectfully opt out of this Thread

I wish this Veteran the best.

[19k4life]

Thanks lancejoseph for your info for Monday. I don't have smc-s but rather k which pays 119? Not sure but every penny helps. I do not have any mental issues. Apnea 50, planters 30, Diabetes rad 30, lower back 20x3, Diabetes II 20, knees 10x2, tinnitus 10, others 10x2.. I was at 90 prior to my new award giving me tdiu and raising my old back rating 3 contentions to 20% which prompted me to 100 barely..close to 95.

Buck52,

See above to see all my disabilities.. Never had or given smc-s. I guess calling Monday and asking questions will give me better understanding. Finding out what gave me the TDIU is important..was it my increase from my 3 increases from 10 to 20 or something else. It's just scary to keep working and having them lower my rating back down cause I maintained gainful employment for at least a year if I do plan to work till April 8th 2020.

[19k4life]

Hey Buck52,

Please don't opt out on me brother. Your comments are greatly appreciated. Don't give up on me. We are all here to support each other and find the tools needed to win claims. I'm not here posting b.s. to make myself look good or bad. I tell it like it is and it's not looking good. Like Pete said earlier, I can't live on 90% like before with only that as my income to support my wife and 2 small kids and 2 college boys. I'm still young 49yrs old but had real issues with flare ups that causes great pain even standing for a min or two was painful. I had to be resourceful working at the dmv to seat down as much as possible to get by and many nights couldn't sleep from tossing and turning to find a place where the pain was eased. I had no other choice to work. Now, I need support with good morale to put up with this. Yes, I'm reaching out to all to help me with my dillemmas. I know that no one else here will suffer any consequences this might bring me later if so I wish to continue my employment as it would GREATLY affect me and my family. 

Thanks again for all the great feedbacks. I don't see or haven't seen any negative comments yet..besides me being the idiot I am for bringing this on myself.

Edited February 29, 2020 by 19k4life

[brokensoldier244th]

Okay, I did a lot of digging and I found my decision letter from 2015.

You'll see that I was granted TDIU for a few months, backdated to when I filed the claim. They made that decision first, I guess, because in May of that year they increased my depression rating. You'll see that the ending date for the TDIU award corresponds with the starting date of my 100% rating, as does the DEA award for Chap 35. There is no language saying TDIU is "moot", that would usually show up in a court case since it legalese. 

 

So, long short, I was temporarily TDIU but then a few months later they completed the rest of the claim. They sent it to me as 1 letter and 1 finished claim. I don't know why they didnt just backdate the 100%, but in the end they ended the TDIU in May when they changed my MH rating. 

They also dont come right out on the first page summary to say that I am P and T, but you'll see it in the summary of the DEA award. 

 

I hope this helps. 

Edited February 29, 2020 by brokensoldier244th