TDIU Question

[Bhut]

Hello all,

 

I have been lurking on the board for a few years, a lot of good advice here for sure.  I received a letter a couple of days ago from the VA stating that I have been approved for TDIU.  I was rated at 80%, or still may be not sure.  Reading the letter it says the criteria for TDIU have been met, it does NOT say anything in the letter about being permanent and total.  I called the VA today but the lady on the phone seemed to have no idea what I was talking about.  My question is with my new TDIU award will my wife be eligible for any medical benefits, educational benefits, etc?  Thanks in advance for any input.

[brokensoldier244th]

If she was, the decision letter  would have a section that states eligibility for chapter 35. 

Edited April 13, 2021 by brokensoldier244th

[JenniferVCS]

Individual unemployability means you remain at your current rating (for you 80%) and then are compensated at 100% without actually being rated at 100%. This is not permanent. The VA can reevaluate this IU each year to ensure you’re still not able to work. It’s best to get increased to 100% as you may hit P&T and get the benefits as well. Call me if you need 619-737-2250

[pacmanx1]

In order for a veteran's spouse to be eligible for medical care (CHAMPVA) and educational benefits(DEA CH 35) the veteran must be granted/awarded  P & T. Permeant and Total Disability. Normally when the VA grants/awards a veteran P & T, the VA would include a VA Form 21-8760 in the veteran's rating packet that list these and other benefits that the veteran and his family are entitled to.   

VBA-21-8760-ARE.pdf (va.gov)

If you are not working and cannot work, you can also apply for SSDI benefits from the SSA office.

 

Edited April 13, 2021 by pacmanx1

[Buck52]

10 hours ago, Bhut said:

Hello all,

 

I have been lurking on the board for a few years, a lot of good advice here for sure.  I received a letter a couple of days ago from the VA stating that I have been approved for TDIU.  I was rated at 80%, or still may be not sure.  Reading the letter it says the criteria for TDIU have been met, it does NOT say anything in the letter about being permanent and total.  I called the VA today but the lady on the phone seemed to have no idea what I was talking about.  My question is with my new TDIU award will my wife be eligible for any medical benefits, educational benefits, etc?  Thanks in advance for any input.

UNFORTUNATELY the way you mention they rated you and 80% with the IU and they did not mention you were P&T  Then no your spouse will not be eligible for health benefits or educational allowances.

Although you are being paid at the 100% rate   this type of rating is for Veterans that have a service connected disability but don't meet the 100% rating criteria but this S.C. Disability keeps you from doing any type of work to support your family  this is why they give the Veteran the IU.

If your disability showed to be chronic and not expeted to improve in your life time and no more exams scheduled   this would meet the p&t criteria   obvious you did not meet that. 

Just remember to file on any more conditions that you can get service connected  and remember a Veteran can file for secondary claims from his  previous service connected disability  if the secondary condition is caused by his service connected condition ,  if so then he can file a claim for that and the rating they give you  if its 50% or higher  that can get you to the 100% rate   however with you being IU already if you file for another claim separate than the one you have now and get a 60%rating or higher  then this will meet the SMC S Criteria  for Special Monthly Compensation (SMC)  EVEN THOUGH YOU SHOW TO BE 80% Rating  your being paid at the 100% rate so that entitles you as being 100%

Combined ratings will help you also climb toward the scheduler 100%

So even though your not P&T DON'T LET THAT DISCOURAGE YOU TO KEEP GOING IF YOU HAVE ANY OTHER CONDITIONS THAT ARE CAUSED BY YOUR MILITARY SERVICE  OR ANY SECONDARY CONDITION   PLEASE FILE FOR THEM TODAY.

You also can request the P&T be given to you..if this condition you have  now is not expected to improve within your lifetime.

Edited April 13, 2021 by Buck52

[pacmanx1]

3 hours ago, Buck52 said:

if so then he can file a claim for that and the rating they give you  if its 50% or higher  that can get you to the 100% rate 

Just for a little clarity, an 80% combined rating with a new 50% separate rating will/would not get the veteran a combined 100% rating, not even close. It would only get the veteran to a combined 90% rating and no more.  The way that the Combined Rating Chart is set up, once a veteran hits the combined 70% rating it is even harder for that veteran to reach the combined 100% rating where the VA will grant the veteran 100% P & T.

Don't get me wrong it is not impossible because I did it like many other veterans but when I was awarded a combined 90% rating it took me another two years and a separate 40% rating for the needle point to move just 5% for a 95% and the VA then rounded up to a combined 100% P & T.

Depending on the severity of a veteran’s disability, if the condition is severe enough and expected to last the rest of the veteran life, the veteran can request P & T. There is no set rating for a veteran to request P & T. 

I am not sure if the new comers know how the VA is not always on their side and how hard it is to get an increase to 100%

 

Edited April 13, 2021 by pacmanx1

[brokensoldier244th]

Its got nothing to do with that. The combined ratings chart is pretty much the same as any reductive math chart, including the ones that insurance companies use to compute disability. Its not like the VA created this chart just to piss people off.