Interesting scenario - Claim in for TDIU but seems like about to get 100% Schedular

[Foxhound6]

So, have been appealing TDIU claim and unsure as to why they keep denying (waiting to see on BBE) but I am about to file an almost sure thing secondary claim for my other knee. Based on my ROMS and things, it seems I should receive at least 30% if not higher. Between that rating and bilateral factor, that would put me at 100% schedular.

The thing I am wondering is: If I get the 100% schedular, does that now make my TDIU claim moot? It has been about a year since I started the TDIU claim so I would hate to lose back pay. But, I am unsure how this would work? Any one have this scenario before? I feel like its still a separate claim.

[brokensoldier244th]

The 100% schedular is more of a benefit in some ways, though- if you take up a hobby that makes money you don't have to worry about looking over your shoulder and calculating yearly income amounts with scheduler. What should happen is that your 100%S would go back to whatever your TDIU date might have been- ultimately its the same claim in that the onset of the TDIU would basically = 100% anyway. The onset would be the same. 

[brokensoldier244th]

Usually if you file multiple claims in the same year they get adjudicated together under the claim date of the oldest claim- unless a decision has been made on the other one. In that case the tdiu would be moot.
 

If your tdiu is already decided and they haven’t notified you yet then you’ll still get paid for that and back pay, your other claim would just be treated as a normal claim. In either case unless there is an smc involved directly tied to the tdiu alone you’ll lose the tdiu when you get the other schedular rating. 

[broncovet]

VA "rarely" awards tdiu and 100 percent both.  Im one of the exceptions.  Its a long story, but the 100 percent and tdiu are for different periods.  

Its been my experience that, if awarded 100 percent schedular, the va will declare "tdiu is moot".     However, I appealed "tdiu is moot", and won...the board specifically said it was "not moot", because I argued that tdiu could result in an eed, and, also SMC S.  The board agreed with me.  Clearly, tdiu at an eed as well as smc s, results in additional compensation vs a less favorable effective date and no smc s. 

So, "if" you get a decision that awards some benefits, but declares tdiu is moot, you can appeal that issue.  (But I would not bother unless it has a potential to increase your compensation.  It does not always)

 

 

[broncovet]

Also, there was a cavc court case which specifically stated a claim for tdiu is a claim for increase.  They also said "there is no stand alone tdiu claim".    That is, if you apply for tdiu, you are also applying for an increase on other disabilities.   This said,  VA does not always get that right, along with other stuff, so specify which claims you are seeking an increase for along with your tdiu application.  

[john999]

TDIU being an increase you don't get to file for the disabled vet insurance if you have not done it already.  If you do have the disabled vet life insurance the VA will pay it for you now that you are TDIU or 100%.   $10,000 is not much but it is something for the spouse if you drop dead.

 

[Foxhound6]

7 hours ago, brokensoldier244th said:

Usually if you file multiple claims in the same year they get adjudicated together under the claim date of the oldest claim- unless a decision has been made on the other one. In that case the tdiu would be moot.
 

If your tdiu is already decided and they haven’t notified you yet then you’ll still get paid for that and back pay, your other claim would just be treated as a normal claim. In either case unless there is an smc involved directly tied to the tdiu alone you’ll lose the tdiu when you get the other schedular rating. 

Yeah, I was kinda thinking this. However, TDIU has been denied twice now. My guess would be I'll likely get 100 off of this regular claim that will be put in soon. I know they'd owe me back pay for tdiu if that were awarded but I don't think it's get any smc as @broncovetmentioned. I would hope they would just award the TDIU once they see that I'm about to qualify for 100 anyway?? Such a strange process lol
 

I'll have to see how it plays out I guess.