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

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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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15 minutes ago, pacmanx1 said:

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.

Yeah. I'd likely do that if needed for sure! Good to know it may work out how I wanted anyway tho. Thanks for the replies!

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In my case, I had applied for unemployability (at the time) and it took about a year and a half, and what I found in my final decision letter is that at first they were going to do IU, but then partway through after it went to decision, and then pulled back (because I sent in more evidence) they just did 100%. So, my decision letter looked like "Dates X-Y  IU granted blah blah......Dates Y-Z (current) 100% schedular and the TDIU was moot, but ultimately it all went back to my initial filing date. 

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Just now, brokensoldier244th said:

In my case, I had applied for unemployability (at the time) and it took about a year and a half, and what I found in my final decision letter is that at first they were going to do IU, but then partway through after it went to decision, and then pulled back (because I sent in more evidence) they just did 100%. So, my decision letter looked like "Dates X-Y  IU granted blah blah......Dates Y-Z (current) 100% schedular and the TDIU was moot, but ultimately it all went back to my initial filing date. 

This would be great. Get the retro AND schedule so you could work. That's a big win-win

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Well, I got lucky. I still didnt and couldn't work for about 3 more years- then I worked in a library in the stacks part time for 2 years, no people, just books. When I applied for the VA opening it was right as COVID was ramping up, so by the time I was hired they were all remote anyway. At this point ive trained and worked from day 1 remotely, which usually can't apply for until you've been in grade for at least a year AND you have to basically ace your reviews and metrics, and knowledge stuff. Im more worried about when they make us go BACK to the office because then Ill have to apply for remote just like anyone else, and the only reason (well, a big contributor) ive been really successful at this job and been promoted once already is because I can work within my comfort sphere at home. My distractions are comfortable ones that I can control, and If I need to step away for an hour and rest my brain, or my eyes, or just to ponder how evil people can be to each other I can. If I was actually in the office I couldn't do that, plus the constant minor hum and distraction of an office. 

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1 minute ago, brokensoldier244th said:

Well, I got lucky. I still didnt and couldn't work for about 3 more years- then I worked in a library in the stacks part time for 2 years, no people, just books. When I applied for the VA opening it was right as COVID was ramping up, so by the time I was hired they were all remote anyway. At this point ive trained and worked from day 1 remotely, which usually can't apply for until you've been in grade for at least a year AND you have to basically ace your reviews and metrics, and knowledge stuff. Im more worried about when they make us go BACK to the office because then Ill have to apply for remote just like anyone else, and the only reason (well, a big contributor) ive been really successful at this job and been promoted once already is because I can work within my comfort sphere at home. My distractions are comfortable ones that I can control, and If I need to step away for an hour and rest my brain, or my eyes, or just to ponder how evil people can be to each other I can. If I was actually in the office I couldn't do that, plus the constant minor hum and distraction of an office. 

Yeah there's no way I could do working outside home anymore. Even sitting at home has its problems. I'm going thru SSDI right now too. Actually should hear something this month I think. Hopefully judge approves that, VA finally gives me my 100 rating and any retro and I'll be set. From there, any other claims or increases will be handled by a VA attorney lol Cuz after all this and once I'm stable, I'm done with em lmao

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I hear you. I was a vet filing claims for 18 yrs before I started working for them, so ive seen both sides. It makes me better at my job, I think. 

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