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.

[pacmanx1]

Foxhound, I hope you are correct but getting an additional 30%-40% will not get you to 100% scheduler. Your rating would have to get to at least 95% for the VA to round up to get you the 100% rating. Most veterans don't understand that in order for the VA to grant a 100% rating it is actually harder to hit, 10%-40% won't do it has to be 50% for a single condition or a combination of new disabilities to get a 90% veteran to 100% scheduler. 

[Foxhound6]

1 minute ago, pacmanx1 said:

Foxhound, I hope you are correct but getting an additional 30%-40% will not get you to 100% scheduler. Your rating would have to get to at least 95% for the VA to round up to get you the 100% rating. Most veterans don't understand that in order for the VA to grant a 100% rating it is actually harder to hit, 10%-40% won't do it has to be 50% for a single condition or a combination of new disabilities to get a 90% veteran to 100% scheduler. 

I've done the math, with bilateral factor and 30%, I'd get 100 combined. Currently at an even 90

Edited July 9, 2021 by Foxhound6

[pacmanx1]

OK, great.

[Foxhound6]

3 minutes ago, pacmanx1 said:

OK, great.

But you're right. It's much harder. Which is why I've been trying TDIU the last year lol. VA doesn't like to make it easy at any stage . I just happened to see the opportunity to at least get 100 and stable so going for it. Even if I lose tdiu retro...it'd be worth it. Rather have retro too but beggars can't be choosers

Edited July 9, 2021 by Foxhound6

[pacmanx1]

1 minute ago, Foxhound6 said:

But you're right. It's much harder. Which is why I've been trying TDIU the last year lol. VA doesn't like to make it easy at any stage . I just happened to see the opportunity to at least get 100 and stable so going for it. Even if I lose tdiu retro...it'd be worth it. Rather have retro too but beggers can't be choosers

As @Broncosaid, If the VA grants you the 100% scheduler, you can still appeal the TDIU to get any retro. If you already meet the TDIU criteria, then you can appeal to the BVA.  The VA is famous for granting a veterans claim based on a C & P exam and fail to acknowledge the veteran's claim date.

[Foxhound6]

16 minutes ago, brokensoldier244th said:

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. 

This makes tons of sense. I hope that's how it plays out! And exactly, if for some odd reason I'm not back paid to that tdiu eed, I could still make income and not worry about it. Decent trade off if needed

Edited July 9, 2021 by Foxhound6