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How do you know if you are a schedular 100% Am I?

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Otrgypsy

Question

What is the big difference between schedular  100%  and 100% via TDIU.

I am attaching my 3 relevant rating decisions. In January 2022 they conceded I was 40% for my legs. Last July they rated me at 100%. I had assumed because of everything I have heard about being schedular 100%  and getting to 100% via TDIU,  that they would say I was a schedular 100%, if indeed I was.  It seems to me I am. On the VA disability calculator (and others) my different disabilites when combined equal 100% (95). I filed a request for higher-level review primarily because the dimwit issuing the decision chose to ignore the correct effective date of claim that was determined in January 2022.  When I read that they had granted me TDIU, I assumed that meant that by their calculations I was not 100% schedular.   I am now thinking that they grant TDIU,  even if your disabilities rate 95% or higher. I complained about them doing the math wrong and they didn't say anything about weather or not I am 100% schedular.  I wanted acknowledgment that I am 100% schedular because I don't trust congress and the recurrent talk about eliminating TDIU.

Am I 100% schedular + TDIU????

I am feeling somewhat embarrassed by my cognitive limitations. I didn't used to have any.

January 2022.pdf July 2023.pdf March 2024.pdf

Edited by Otrgypsy
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Posted (edited)

Both decisions dated 2023 and 2024 state that you are rated for Individual Unemployability. They then go on to say Dependent Education is granted. These two lines mean you are rated as IU or TDIU which are the same thing.  

Basically, a veteran's rating hits 100% when his/her overall combined rating is at 95% and the VA rounds up to 100% schedular. It's kind of hard once a veteran is rated at 80% or 90% because then the veteran would need an additional 50% to 60% just to get to that extra ratings to equal 95%. I did it and many others did it also. It might be easier for a veteran to get a single rating of 100% than to get a combined rating.

Because you are rated TDIU P & T, you can take a deep breath because it would be extremely hard for the VA to try to reduce your rating. Keep in mind the P & T means you are rated permanent and total which is saying that your current ratings will exist or last for the rest of your life.   

 

Edited by pacmanx1

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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Posted (edited)

OK, my ratings total 95% without reference to the TDIU.

So, is it true that they do not usually write that someone is a schedular 100%, they just expect you to know what the math means?

Edited by Otrgypsy
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If it totals 95, they generally round it up to 100% and should.  You can request that they correct it, however I would stay with the TDIU, as it's harder to take away.  And if you keep poking the bear you could get burned in the end.  You know you're a 100%, unless there is some other major benefit you are missing out on.  jmo   

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You should be getting paid at the 100 percent compensation rate, plus any dependents you have.  I can check that for you if you let me know how many dependents.  If you are married, with no children living with you at home, (who are not in college under age 26), then your compensation should be

$3946 per month if married

$3737 if you are single.  

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4 minutes ago, relatively happy camper said:

I don't know the actual name for the "blue sheet."

If my memory is correct, I believe they call these sheets legacy sheets or legacy pages. Even though these sheets are part of each and every rating decision, the VA rarely send them out with their decision, but they are in the veteran's records.

 

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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