Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

TDIU

Rate this question


Flo2020

Question

Recommended Posts

  • 0
  • Greeter

You don’t.. consider that tdiu rating percent as a blessing. Because it can count as your singular 100 percent rating if rated for tdiu on one condition alone. SMC s is an additional benefit you can get and it’s roughly 450 dollars extra a month. You must have one rating at 100 percent or tdiu and an additional 60 plus percent in separate and distinct conditions. When that is done the Va should infer it. Often times they don’t. You should look into that because you are 100 percent pt. What’s your ratings

Link to comment
Share on other sites

  • 0
  • Lead Moderator

If you earn "above the poverty level" and you are tdiu, after a full year of making that, the VA can/will send you a proposed reduction letter to remove tdiu.  

You need not worry about it until you have earned above the poverty level for a full year.  And, even then, since you were already tdiu your compensation is unlikely to go down "except" if subtracting tdiu renders you no longer eligible for SMC S
.  It may or may not make a difference, depending upon your other disabilites and if you still have a single 100 percent plus an additional combined 60 percent seperate and distinct.  

Link to comment
Share on other sites

  • 0
  • Greeter

Bronco 

From my understanding of his post he was recently award schedular 100 percent p/t status. I was recently upgraded as well to 100 percent p/t schedular. But I still notice that I was tdiu for the mental health condition. Given that I don’t think it is in his best interest to have the Va remove tdiu status because of SMC s. Am I reading something wrong. Please correct me. 

Link to comment
Share on other sites

  • 0
  • Lead Moderator

Do the math:  SMC S amounts to about an additional $450 per month.  If the OP is earning "above" the poverty level, which is in the area of 20k (dependent upon the number of dependents), then I would give up 450 per month to make 20 grand per year all day long.  

Source:

https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/.  To figure out the actual amount additioanal for smc s, take the smc rate and then subtract the 100 percent rate.  If you do that you will get around an additional 450 a month, you dont get 100 percent p and t "and also" the smc rate.  The smc rate tables "include" the 100 percent. 

https://www.va.gov/pension/veterans-pension-rates/

Link to comment
Share on other sites

  • 0
  • Greeter

Dustoff 
I apologize as I do have a reference to the inability to work with this condition. It’s in my disability award letter when you print it out on Va.gov It clearly states does the veteran have a condition that prevents them from working. It’s there because I too was tdiu p\t. It some what is reffencing your tdiu condition. Just saying

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      Collaborator
    • dennis simpson earned a badge
      Collaborator
    • Dave119 earned a badge
      One Month Later
    • ShrekTheTank went up a rank
      Contributor
    • kidva went up a rank
      Rookie
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use