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Asking for IU to be moot?


Buck52
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QUESTION?

CAN A VETERAN SEND IN A REQUEST TO HAVE HIS TDIU P&T BE MOOT IF HE HAS CLAIMED THE LATTER AND HAVE ENOUGH COMBINED RATED CONDITIONS THAT MEET THE 100% RATE? .....>BUT HAS BEEN INFERRED THE IU AT AN EARLIER DATE

CAN HE REQUEST =HIS IU BE MOOT?

  SO IF HE WANTS TO GO BACK TO WORK AND ADD TO HIS FAMILY INCOME  HE CAN STILL DO THAT AND BE 100%SCHEDULER. ?

ANYONE KNOW FOR SURE?

Thanks in Advance.

Buck

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I don't know but that is a very good question.  Few years ago VA would make a veteran's claim for TDIU moot if the veteran's combined rating reached 100% scheduler cheating the veteran out of an earlier effective date and TDIU money.

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Buck I don't know either but the veteran has to be really sure he is 100% scheduler. If you were to declare you wanted out of TDIU so you could work, I think you are waving a red flag for the VA to try and bust you back on some of your disability ratings and get you under 100%. I'm just sayin...(not that the VA would ever do anything unethical as that.)

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Any Veteran can withdraw any claim at any time, there is no "requirement" that a Veteran "ever" accept benefits, they are 100 percent voluntary.  So, no, the Veteran is not required to accept TDIU.  There are no "orders" to "accept" Va benefits, in fact, we can not be awarded them "unless" we apply.  An exception is SMC which is inferred, "but only" if we apply for lower benefits.  

Currently, VA regulations  requires the Veteran fill out the TDIU form, or he wont be awarded benefits.  

Edited by broncovet
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GB Army, this is not for me  I can't work if they paid 100$ dollars an hour to just sit on my Assperelo, I do good to get to my VA Appointments and help wife to her Dr's, besides my old age is slowly creeping up on me,

 I can't do the normal things I use to do. but I do sit on my assperelo here at home a little to much...pay myself 5.000.00 a day to sit..LoL  I WISH

As for as being TDIU a Veteran ask me this at my VAMC , He is TDIU P&T and as enough combined ratings to bring him up to the 100%  in other words he has like almost a 230%rating  just adding them with VA Math, he also gets the SMC S  He said he don't mind losing the SMC because his working he can earn a lot more than that.

I did tell him he would more than likely lose his SMC. he said that's fine.

If he can get the 100% scheduler  and keep that rating  he can work..I don't know all his disabilities? he has quite a few though.

broncovet ....> I didn't ask if a veteran can withdraw his claim at any time  I think we Veterans know that much..Lol  Why would a Veteran do that?  Are you being serious?

broncovet mention

''Currently, VA regulations  requires the Veteran fill out the TDIU form, or he won't be awarded benefit ''

That is if he wants to file for it  or increase his Disability or disabilities.......filling for IU is usually asking for increase, and if the Veteran has some severe disabilities that don't meet the 100% scheduler rating if this Veteran can't work due to his  s.c. disability below the 100% 

say he is at 70% or 80% or even 90% combined ratings not enough rating percent  to be 100%  this is normally when they infer the TDIU. or they should  but some times the rater don't catch that  and maybe the Veteran don't know?...but the Veteran can ask for the IU in that situation. 

I'll probably see this Veteran again at my VAMC  We have the same Dermatology Clinic  usually have the same time /day appointments just with Different Dr's

I'll let him know he can withdraw his claim at any time...but he better make sure he can still get the 100% scheduler before he ask for the withdraw!!! on the TDIU P&T

Thanks Everyone!!!

Edited by Buck52
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GB Army

I just filed my 21-4140-1 Employment Questionnaire 1st week of Feb 2020  and attach a note to it and ask them if I was still required to send this form in?   they said yes your still required to send it in.

Although they have me rated as I have a 100%FINAL DEGREE RATING.

But No Mention of the TDIU P&T any place on my ebenefits site  or in the EOB  I do get the SMC S H.B. so as for as I know I am still considered to be TDIU  P&T? Although my ratings is about 180% combined  ,so still not enough for me to get the 100% scheduler..I could file a SLEEP APNEA Claim but I'm just tired messing with them yahoo Idiots.

I may file to reopen my old claim for a better EED..I am working on that now and broncovet is helping me, he just got his awarded after 18 plus years  mine won't be that much just a couple years  depends on what year they go back to  from 2003 back to 1998/99.??

 I need to see a Accredited Claims Agent to read my C-file and make sure I have a case worth filing. I truly do not understand the way they  changing dates on all my award letters.  ect,,ect,,,

I got my CD  C-FILE in after I filed my PTSD Claim in 2014 and got the claim approved before I got my CD-C-File  so I started reading it and found all this mess. 

it looks like they beat my out of 4 or 5 years retro from 50% to the 100% rate and full 100% rate back from 2000 to 1998  if they go back that far?? I'll need a smart SHARP EYED  VSO TO HELP ME.

Got a Certified Accredited  Claims Agent(accredited in 2011) just in the next town north of me  so Waiting to get with him and take my CD C-File t to him as soon as we get settled in and a correct /change of Address to the VA. And everyone else. 

Right now were fixing to be homeless  were selling our home and going to buy a cheaper place to live  and were house hunting.

W e just got a decent offer on our home Friday and expect to close March 19th...were selling it to a couple of Dr's  Man and Wife , he is a Rheumatologist & Internal Medicine Dr and she is a Cardio Heart Dr. specialist

The realtor we have said they are paying Cash  but are currently living in Santa Anna California...We got 273.000. 00 for our home we were asking 275.000 but we took their offer at 273.

  so I got to get a moving crew out here to put our stuff in storage as we shop for a house..we stay at our sons house  he has an extra bedroom  but hopefully we will find another house ASAP..

We hope to find something soon with no more HOA Crap to put up with.

but need to look at serverel houses before we decide. place and neighborhood has to be decent.  but a lot cheaper.

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Buck Congtats on selling your house; sounds like you're going to pick up a nice piece of change.  Make sure your taxes are done right next year! If you just look at your situation, it is a great example of screwed up VA Benefits is. A smart, very experienced disabled veteran like you (notice I didn't say good looking), with years of experience, and you aren't sure of your own benefits. I ask, why does it have to be this confusing? All I can think of is it is this way only for the best interests of the VA. Certainly not the veteran. Anyway, happy house hunting! Get something all on one level; stairs are evil. IMO.

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GB Army  they canceled  bummer

Not making any $$ on the house  were making a 13.000.00 profit but it takes that to pay all the realtors fees  we need to bring 3,700,00 to closing   but it looks like were not going to close for a while.

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Buck keep your chin up. The economy is strong; if you have a good realtor, they will get others to look at it quick enough. Good luck on that.

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