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?

[pacmanx1]

13 hours ago, Buck52 said:

What if a Veteran is 90% TDIU P&T  say  10 years concurrent  and files another claim separate and distinct  

and gets a 70% rating...this would meet the SMC S H.B. Criteria and is granted the SMC S

AND A 100% FINAL RATING DEGREE is this Veteran still considered to be TDIU P&T?? 

IF NOT COULD HE GO BACK TO WORK? With a final 100%

Buck, with the veteran being awarded a combined rating of 100% scheduler P & T, the veteran's rating decision should state that his/her TDIU rating is made moot or considered moot and the veteran no longer has to submit the annual employment verification forms. But that doesn’t mean an inept VA employee may leave this out of the rating decision or mislead the veteran to think that the veteran still carries a TDIU rating. With the 100% scheduler rating the veteran can work as much and as often as his/her disabilities would allow.

[brokensoldier244th]

18 minutes ago, pacmanx1 said:

Buck, with the veteran being awarded a combined rating of 100% scheduler P & T, the veteran's rating decision should state that his/her TDIU rating is made moot or considered moot and the veteran no longer has to submit the annual employment verification forms. But that doesn’t mean an inept VA employee may leave this out of the rating decision or mislead the veteran to think that the veteran still carries a TDIU rating. With the 100% scheduler rating the veteran can work as much and as often as his/her disabilities would allow.

Sometimes TDIU remains on a claim despite a veteran being 100% for other things- if TDIU was awarded to a prior condition that is not part of other conditions rated 100% by themselves (as a group or collectively) then that veteran now qualifies for SMC S. CFR 38 bars removing the TDIU from the other contention because it would drop the veterans most advantageous outcome. It would be statutorily required at 60% but what usually happens is someone is rated less than 60% collectively for other things and then gets an increase to one or more of those that puts them at 60% or over. 

 

 

[aggravating_coyote]

On 6/28/2021 at 4:20 PM, pacmanx1 said:

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.

When I received TDIU permanent and total, my VSO stated, "The VA will not relook at your claim unless you ask them to."

Maybe it's different with P&T

[brokensoldier244th]

No, unless there is fraud, or a condition under P&T is tied to some other condition that you request a rating for its left alone. P&T isn't attached to a record, usually, until someone has been stable or at least not improving (getting worse instead) with a particular contention for 5 yrs or more.