100% scheduler and TDIU p&t-How to make TDIU moot

[cali_21B]

Long story short-I was 90% scheduler and awarded TDIU. Many years later I received 100% scheduler p&t, and the VA kept the TDIU designator. So I am currently 100% scheduler with TDIU and permanent and total My question is, has anyone ever asked the VA to make the TDIU moot? If so, have there been any negative ramifications from the VA because you asked them to make the TDIU moot? I am aware I will loose smc s designator and I am ok with that. My concern is that I dont want to go through another round of c and p exams. I just want the TDIU to be declared moot. 

[pwrslm]

How old are you? If you are over 55, and they do not have a purpose already noted in your C file (like downgrading a 100% rating from a hip replacement), then they should not require a C&P ever again. Exception to that is for fraud or unusual/special issue. I fought a C&P and they cancelled it based on my age. 100% P&T ratings for those over 55 is fairly solid. If you open that door, and they have a reason to do a C&P exam, you could be dropped from the original 90%. Be careful.

You did not note why you wanted to dump the TDIU, so I assume that you have been reporting income for that over the years and you may want to work or not. TDIU @ 100% would be granted separately from whatever you got SMC for. The additional rating would have to have been a 60%+ increase above and beyond the TDIU. But pay attention, because if they drop the TDIU, and you still have the 100%, you would be ok as noted above (only a $360 drop). But what if it drops you below 100%, to say, a 60% or 70% disability with no TDIU, plus another 60% (that got you SMC), would NOT give you the 100%. That would be drop of over 1600 per month. Did you consider this yet?

If you want to work and keep the TDIU, you must be in a sheltered workplace. Some vets start a business and work from home. They put the corporation into a family members name, and can earn quite a bit that way.

OIG report noted that out of 53,500 cases, the VA scheduled unwarranted examinations for 19,800 veterans. 37% error rate in VA C&P exams, so 1 out of 3 C&P exams were a waste of tax dollars. They abuse this.

 

Per the manual:

Do not request reexaminations in cases when
 
·   the disability is static, without material improvement over five years
·   the disability is permanent in character and of such nature that there is no likelihood of improvement
·   the Veteran is over 55 years of age (except under circumstances where required by regulation, such as convalescence after surgery.)
·   the evaluation is the prescribed scheduler minimum within its diagnostic code
·   the evaluation is 10 percent or less, or
·   the combined evaluation would not change even if the reexamination resulted in a reduced evaluation for one or more disabilities.

Edited August 30, 2021 by pwrslm

[cali_21B]

I am in my mid-40s. My VSO said to request the VA make the TDIU moot and I would be granted the 100% without TDIU because I am currently 100% schedular. He did warn there was a possibility that I could be reevaluated, however small. I have had most of my ratings since 2009. I did have a few increases on my TBI and Neurological condition (but those disabilities were granted in 2009 and raised about 10 years later). I am permanent and total. Either with TDIU, or without TDIU, I am still 100%. No future exams scheduled. I am reaching out on these boards to see if any veteran has been in my situation and had their TDIU become moot and kept the 100% scheduler. Anyone?

[Mr.B]

If you get retired pay you better read before you act. Just saying