Too risky to try 100% schedular from TDIU?

[hiker79]

Hi all,

I just got off the phone with a social worker and he suggested that I go back to the DAV and ask them to try for 100% schedular.  I'm currently at 70%, considered permanent and total, and get paid at 100% level TDIU, since about 2010.  They break it down like this:

Major Depressive Disorder - 70% SC

So I'm wondering if I should go to the DAV again and ask for 100% or should I leave well enough alone?  I certainly don't want to lose benefits.  I also have sleep apnea, proven by a sleep study the VA arranged and the social worker said that was an automatic 50% but I seem to think that the sleep apnea wouldn't factor in, since it isn't service connected.  Thanks for reading-

[Tbird]

if you are TDIU you are being paid at the 100% rate and you state your are P and T. Why did the social worker think you should try for schedular?

[broncovet]

Ok.  

1.  Applying for additional benefits, or an increase does NOT cause reductions, any more than wearing a red shirt causes sunburn.  Instead, "actual sustained improvement of your conditions, under ordinary conditions of life" cause reductions, and exposure to the sun (or too much UV heat lamps) causes sunburn.  

2.  However, I dont recommend applying for new benefits "that are unlikely to result in additional compensation for you or your family" is just not necessary.  

     Your next step above 100 percent is probably SMC S.  If you think you could meet ONE of the following criteria, then go for SMC S:

      A. You are housebound in fact, that is, you are substantially confined to your home. 

      B.  You are applying for additional benefits which, if awarded are likely to result in a "single" 100 percent rating, (tdiu counts) and additional disabilites seperate and distinct which combine to 60 percent or more (statuatory  smc S).      Since I dont know your health history or your disabilites, you will have to figure that out.  

[hiker79]

Hey Tbird, thanks for the reply!  I forgot to ask why because the conversation shifted and he was on the veterans crisis line, so I can't ask him.  I didn't say anything to him about increasing anything, he just said that when I told him my situation.  I just remembered that he said that and thought it was odd, so figured I'd ask y'all. 

and broncovet: Thanks for the rundown, much appreciated; I don't qualify for SMC S, then, but TDIU is more than enough.  

[Lemuel]

1 hour ago, Tbird said:

if you are TDIU you are being paid at the 100% rate and you state your are P and T. Why did the social worker think you should try for schedular?

SMC?

[pacmanx1]

3 hours ago, hiker79 said:

They break it down like this:

Major Depressive Disorder - 70% SC

If you do not mind, can you list all your service-connected disabilities and their current rating percentages? This will help us help you a little better. It is possible that the social worker knows or can see something that you have not shared here that could lead you closer to an increase in rating and or maybe even a SMC rating.  

[pacmanx1]

As Bronco stated, it is not likely that since your current benefits have been static for well over a decade the VA cannot reduce your current ratings. The most they could try to do is propose a reduction and you can fight that by simply showing that your symptoms have not gotten better. Keep in mind that it would be just as hard for the VA to show proof that your symptoms are not just better, but your symptoms have improved to the point where your rating should be decrease and that is really something very rare in nature due to the fact that most symptoms typically remain the same or get even worst with time and life.