TDIU P&T, can you get much higher?

[allansc2005]

Morning folks, hope all is well.

Got a veteran who was just awarded TDIU P&T, and one of his conditions used for that TDIU is PTSD which was previously rated at 70%.

 

Q. Can that PTSD be used as a precursor to obtain a SINGLE 100% scheduler rating, thus opening the door for seeking SMCs?

The veteran has a few other conditions that are not included in the TDIU for which a 60% rating is achievable in order to qualify for SMCs.

 

It's my understanding that the entire TDIU award in itself DOES NOT count as a SINGLE condition-100% that's required to file for SMCs.

Thanks,

 

Allan 2-2-0 HOOAH!!

 

 

 

 

 

 

[Buck52]

I agree with broken solider   ...if your TDIU P&T Paid at the 100% rate   then your considered a 100% veteran  rather or not you have a rating under the 100%,  when they make you IU  your paid at the 100% rate and get the same benefits as the 100%schedule Veteran...if they add the P&T then you get the extra benefits and ChampVA for spouse and educational allowances for spouse and kids. under 23.

a 70% VETERAN THAT WAS GRANTED THE IU  IS CONCIDERED TO BE 100%

If you ever file for another condition separate from your original condition  and is service connected. And a rating given 60% OR HIGHER for that condition  this opens up the Door for SMC S Housebound about 375.00 monthly added to your IU/100 PERCENT RAING.   its a statutory rating  and the Rater is obligated to rate you for the SMC -S if they don't then Appeal and ask for the SMC S.

And Remember to pay attrition to all these dates...that very important.

[brokensoldier244th]

Yes. 

[allansc2005]

@brokensoldier244th

 

Please expound on your "yes".

[brokensoldier244th]

Yes it counts as 100% by itself. 

[allansc2005]

@brokensoldier244th

 

Could you possibly give me some references that show that IU(in itself) counts as 100% toward SMCs?

 

Wanna make sure I give the veteran accurate documented information BEFORE she moves forward with SMCs.

 

Thanks,

Allan 2-2-0 HOOAH!

[brokensoldier244th]

Bradley v. Peake 

 

 

Department of Veterans Affairs. (n.d.). Bradley v. Peake 2008. Va.gov. Retrieved March 4, 2021, from https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014811/Bradley-v.-Peake,-Nov-26,-2008,-22-Vet.App.-280

‌

 

 

Quote

 

Regarding the veteran’s SMC argument, the Court held that a 100 percent combined evaluation cannot satisfy the requirement for “a service-connected disability rated as total” for the purpose of considering entitlement to SMC at the statutory housebound rate. 

The Court also held that a TDIU rating based on a single disability may satisfy the statutory requirement for a total rating for entitlement to SMC at the (s) rate.  It found that the phrase “a service-connected disability rated as total” contains no restriction to a total schedular rating and no exclusion of other total ratings, such as TDIU.  The Court noted that restrictive language precluding a TDIU evaluation from satisfying the “total” requirement of section 1114(s) was dropped from the implementing regulation, 38 C.F.R. § 3.350(i), in 1995 following a General Counsel opinion that held that section 1114(s) did not authorize such a restriction. 

In considering the circumstances of the veteran’s case, the Court indicated that a TDIU rating for PTSD alone would entitle the veteran to SMC benefits.  Thus, VA should have assessed whether the TDIU rating was warranted on the basis of PTSD alone before substituting a combined total rating for his TDIU rating, as a finding that the veteran’s PTSD is sufficient, on its own, to warrant a TDIU rating, would mean that the veteran is also entitled to SMC.  The Court vacated and remanded the issue for the Board to consider whether the veteran is entitled to a total rating based upon PTSD alone to determine if entitlement to SMC at the (s) rate is in order.