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


Foxhound6

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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.

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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.

 

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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. 

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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. 

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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

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