TDIU

[Spaceace1954]

To All

If you are 100% P&T can you file for TDIU to collect SMC S?

I had to retire in 2021 because I could no longer travel for my job.

Thank you for your info.

[brokensoldier244th]

100% is one hundred percent. You'd have to get rated for something.

[broncovet]

Great question!!!!!

    I was awarded 100 percent, but had previously sought tdiu.  When they awarded 100 percent, they stated tdiu was "moot".  I appealed, specifically stating that tdiu was "not moot" because an award of tdiu could/would result in additional benefits.  (SMC S and an EED as well).  

    The board agreed with me and made a "finding of fact" that "tdiu was not moot" in my case.  

    You could file, and, if it were denied as moot, you could appeal that denial as I did, which

I eventually won. 

    Therefore, YES, you can get 100 percent AND TDIU, but, I agree that rarely happens.  ONE reason it likely rarely happens is that Veterans, VSO's, and VA employees alike think tdiu and 100 percent schedular are mutually exclusive, but, in at least SOME circumstances (aka mine, perhaps others) you can get both.  

   It was a long fight for me, but, it resulted in both an EED and SMC S, and was worth it.  

    Part of it is that 38 CFR 3.103 requires VA to "give Veterans a written decision" on their claim. (Which they did not do until I pressed the issue).  

    If you are up to a fight, go for it!  

Edited April 28 by broncovet

[relatively happy camper]

If the 100% was a schedular award, an SMC "s" award should have been awarded or denied, at that time.  If the VA failed to consider SMC "s" then that claim remains open, from when the 100% award was made.

[pacmanx1]

3 hours ago, relatively happy camper said:

If the 100% was a schedular award, an SMC "s" award should have been awarded or denied, at that time.  If the VA failed to consider SMC "s" then that claim remains open, from when the 100% award was made.

Wait, what? I thought the 100% schedular rating must be a single (sole) disability rating? When the BVA awarded my TDIU rating they added it to my 100% schedular rating and awarded me an EED prior to my 100% rating and absolutely no mention of SMC award. What am I missing? 

[Vync]

@pacmanx1 I agree. It was probably automatic for you because they are supposed to check on it for TDIU.

I did have SMC-S housebound for a few months after getting a single 100% for heart attack and already having a separate unrelated 60% for something else. After I was well enough to return to work, they re-evaluated per the rating criteria, dropped the 100% to 60%, and then ended the SMC-S housebound status. The VA inferred the SMC-S evaluation based on the information in my medical records. I did not go out of my way to ask them to consider it.

[relatively happy camper]

pacmanx1 - you may be correct but anytime a claimant gets a 100% he/she/them /they should request SMC "S."  I would never expect the VA to award something that wasn't applied for, as much as they fight you on every step of the way.  Took me 10yrs on my claim but I won 100% schedular (first 30%, then 50%, then 70% then TDIU, then 100%), then another 20yrs for the SMC "s" award but everything went back to my original claim date, in '89.  They fought SMC "s" all the way but the BVA judge found an evaluation in my original award that justified SMC "s."  I'd probably been to the BVA 5x by then and 2x at the court.