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!!

 

 

 

 

 

 

[allansc2005]

brokensoldier244,

 

Your Friday post above reads "...yes other than than that, IU is a 100 rating that is entitled to SMC..."

 

Both law firms I talked to yesterday said the same thing (paraphrasing) "TDIU in itself does not meet the requirements for SMC..you have to have at least one condition rated at 100%...even though TDIU is paid at the 100% rate, for purposes of SMC it is not considered as a SINGLE condition, and therefore doesn't meet the standards set by the Bradley v Peake decision..."

 

One of the attorneys told me she wont even take a case that challenges the Bradley V Peake ruling.

 

I think attorney Chris Attig, who contributes here, has the same thing on his website that IU itself, along with the separate 60%, doesn't qualify for SMC.

 

Anyone who has gotten SMC with IU/TDIU(not one condition at 100%), please chime in.

 

Thanks. Allan 2-2-0 HOOAH! 

[brokensoldier244th]

Yes, I know what I said. I quoted directly from Bradley v. Peake, among other things. 

The point is that TDIU CAN be for a single condition. If it is, then it satisfies the need for a singular 100 percent rating for SMCs. Whether or not your legal sources want to pursue it is on them.

 

This is straight from Chris's site- he says the exact same thing I have posted here (multiple times now)

https://www.veteranslawblog.org/special-monthly-compensation/

 

 

[Buck52]

I was 90% combined rating  with TDIU P&T  and filed a separate & distinct  claim About 14 years later and was  granted a 70% rating...this met the SMC CRITERIA for SMC S H.B.

I am luckily the rater/decision maker caught this...it jacked me up to the 100% scheduler rating and also qualified me for the SMC -Housebound. 

Basically a TOTAL Rating meets the 100% criteria  even if the Veteran is less that 100% = Total means for VA purposes   a 100% rating   when the veteran has been awarded the TDIU.

So any Veteran with a TDIU RATING  although he is under the 100% rating   being IU makes him basically 100%   with P&T.

[Buck52]

brokensolider244th is correct!

 Attorney Chris Attig  should know better to say this

''I think attorney Chris Attig, who contributes here, has the same thing on his website that IU itself, along with the separate 60%, doesn't qualify for SMC.''

IU  ITS SELF WITH A SEPERATE RATING OF  60%  >>> DOES QUAILFY FOR THE SMC -S

[allansc2005]

Buck, so 100% scheduler along with another condition or conditions 60%=SMC.

Yes, exactly. Not TDIU in itself and another condition@60%

 

brokensoldier244: I'm reading Chris Attig's examples for SMC. "Example A: ONE condition rated at 100%, and another condition or conditions rated at 60%+...

 

Attig also talks about "100% TDIU(not 90% TDIU, not 80% TDIU..) when discussing SMC.

 

Yes, there is a difference. I'm a perfect example. I'm 90% TDIU and have another separate set of conditions that are rated at 70%, and when I did a NOD, now relabeled "Higher Review" , Bradley v Peake was thrown in my face "You have to have ONE condition(NOT TDIU rated at 90%) rated at 100%..."

From all accounts, this is a VERY controversial subject, and it looks like the VA is winning the war.

 

Allan 2-2-0 HOOAH!

 

 

 

 

 

 

[Mr cue]

The way I see it it's two ways to smc s.

Tdiu based on one condition 

IV.ii.2.H.10.f. Determining Whether the Veteran Is Substantially Confined for Housebound in Fact Entitlement

A housebound in fact determination requires a Veteran’s inability to leave his /her place of residence and immediate premises in order to earn any income. However, it does not require a total inability to leave the place of residence and immediate premises for all circumstances. Leaving home for medical purposes cannot, by itself, serve as the basis for finding that a Veteran is not substantially confined for purposes of SMC housebound benefits. The limitations must be the result of the Veteran’s SC disabilitie

The second way is tdiu based on more than one condition. Will need to have the extra 60 percent rating  not part of tdiu.

Smc s