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TDIU Vs Combined Ratings

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Ikey

Question

I was awarded 80% combined rating in Oct 2018.

I was awarded TDIU P&T on Nov 17, 2021 granted by the Veterans Board of Appeals. The San Diego Regional Office said nI am not 100% but 80% but the VA is paying me at the 100% ratings.

They keep my ratings listed at 80% when I log on and on E-Benefits there is no mentioning of the TDIU ratings. They keep showing my 80% combined ratings that is hurting me from getting what a 100% veteran is entitled to get like free vehicle registration and property tax exemption for totally disabled veterans. I wrote the IG on two occasions and he told me to take it to the regional office and let them correct it, and the second time I wrote him he provided me a 800 number to call. I called the 800 and filled out a case request. I was contacted by a veteran advocate and the first thing out of his mouth was what do I want? He said I was only 80% and he was not going to change it because he do claims everyday and the judge at the board of appeals do not know what he is doing. When I showed him the paperwork that says I am 100% he said that the judge do not mean that. We go into a heated exchange and he hung up in my face. What he didn't know is I had met him at a veteran support group in Santa Ana at an attorney office. He came riding his bicycle. I showed him a comprehensive report that I had obtained from the EPA detailing the various chemicals that I was exposed while stationed at the base. He said that is a good report then he said it is too much information and no claim adjudicator will take the time to read through it. I asked him for a business card and he took one of his cards and scratch off some numbers and rewrote some phone numbers on it. When I returned home I tried calling the numbers he wrote down and all of them were out of service. How can my ratings be fixed and this employee disciplined? 

Also adjudicator or claim analyst needs to read raining Letter 07-01 Total Disability Ratings Based on Individual Unemployability (IU)

100% UI 53122.pdf

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3 hours ago, Ikey said:

va.gov also shows 80% and not 100% that the board of veterans affairs granted me. I live in California and went trough hell to get the VA exemption and get my VA disable license plate after talking to the DMV supervisor. I have friends who are TDIU and are rated at 100% 

First, you have to go to va.gov and get a Benefits Summary Letter like the attached. Check all the boxes when it asks you what information you want on it.  If you do, it will put the following language in the letter.

service-connected disabilities:

You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities:

You are considered to be totally and permanently disabled due solely to your service connected disabilities:

The effective date of when you became totally and permanently disabled due to your November 24, 2017

My Redacted VA Benefits Summary Letter is attached below.

I know it's confusing, and most state employees do not know how to read the letter so I highlight the part that says I am 100% disabled before I go in. Do not confuse the "Benefit Verification Letter," with the "Benefits Summary Letter."

You are wasting your time trying to get the VA to change your percentage. They will not until you get to 100% scheduler. The last 10% and 20% are the hardest to get because it will take another 60% rating or a combination to push you over to 100% scheduler.

Redacted VA Benefit Summary Letter.pdf

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Im sure you know how much you are getting paid.  Is it 100 percent (from the chart) or 80%?  Rattler is correct in that, if you are 80 %, you can talk till the cows come home and they wont bump you to 100 percent.  But, as he also pointed out, if you are tdiu (paid at 100 percent rate, see above), then it should be reflected in your compensation and also in the benefit summary letter.  

It is possible, or even likely, VA made an error.  Or, probably equally as likely, is that this is the result of "tdiu confusion".  

 

If you are single, at 80 percent your check should be 1995 per month

If you are single, at 100 percent (or tdiu) your check should be 3737 per month.  

(Both of these will be more with dependents, spouse, etc.) 

So, you should be able to tell quickly if you are getting paid for tdiu 80 percent. 

Now, for things like your property taxes, you can print out a benefit letter, and some states may allow tdiu while others may not.  We can not fix that.  My state considers tdiu and 100 percent the same for property taxes and accepts a letter either tdiu or 100 percent P and T.  

All this said, as Rattler pointed out, if you are 80%, the VA wont bump you to 100 percent.  Now, if you have a letter granting tdiu, (it sounds like you do) and VA is not paying you correct, then you need to file an "audit" of your payments.  

If your letters are wrong, but payments are right, you may be able to get va to fix this using the teenager method I described. 

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