What is the advantage of being rated 100% schedular versus TDIU ?

[Wanderer]

I think I had read something from the law blog about an advantage but can't recall the specifics. I'm 90% now with TDIU permanent and total, but if I got rehabbed and returned to a good paying job, would being 100% schedular be an advantage?

[brokensoldier244th]

If you are rated 100% schedular there is no income cap or work restrictions- you are free to work as much as you might be able. 

[pacmanx1]

They both pay the same benefits; a 100% scheduler P & T veteran can work with no limitations whereas a TDIU P & T veteran can only work in a sheltered environment: Example (a family business) but if that veteran makes over the minimum poverty threshold of a single individual (which is about $12,880 as of 2021) than you bet the VA may try to re-evaluate their rating(s). The Big issue is that P & T veterans are also awarded/given DEA (DEPENDENT EDUCATION ASSISTANCE) CH 35 for their dependent and the 100% scheduler P & T veteran would keep these benefits where as the TDIU P & T veteran may lose these benefits and I don’t know anyone that could give away free college tuition and supplies.  THE REAL ISSUE WOULD BE HOW LONG COULD THAT TDIU VETERAN ACTUALLY WORK?

I know a veteran that was 100% TDIU PTSD P & T and went back to work at a government job and worked for thirteen months. She even allowed the SSA stop her SSDI for her position and worked over the rehabilitation period and then had an episode that lost her, her position. She had just worked over the threshold and was employed for a consecutive thirteen months and that meant that she was no longer considered as disabled but now she lost her job and all her benefits. I explained to her that she had to realize and accept that she was disabled, and she should not try to work because she could fall in the same situation where she could lose her benefits but now, she had to start all over proving to both the VA and the SSA that she was disabled. It is really not worth it. I know a lot of veterans want or feel the best thing would be to go back to work but how long could they really keep that job before they find themselves in a position where it may not work.

What is the federal poverty level? | healthinsurance.org

 

[pacmanx1]

I know some may disagree but a 100% scheduler rating is a greater rating than the 70%-100% TDIU rating.  Even though they pay the same benefits, the 100% scheduler rating is actually an adjudicated rating where as the TDIU rating can be re-evaluated.

Edited June 28, 2021 by pacmanx1

[McRay]

Doesn't 100% schedular also have some benefits like spaceA military flights and base MWB benefits?

[GBArmy]

McRay Here is a good comparison. Don't forget there could be additional with stare benefits also.

https://cck-law.com/blog/additional-benefits-for-100-percent-disabled-veterans/ and

https://cck-law.com/veterans-law/which-is-better-tdiu-or-100-schedular/

[pacmanx1]

Space-A Travel As A 100% Total & Permanent Rated Veteran.

Space A Travel for Disabled Veterans | Strategic Veteran