Jump to content



Search



Help fund HadIt.com. Please note HadIt.com is NOT a non-profit, there is no tax deduction for helping to fund HadIt.com Veteran To Veteran LLC

We have been very lucky since 1997 in being able to fund the site from advertising and my own pocket. Unfortunately my pockets are empty and revenue for the site is down. So if you want to help keep the site funded please use the button below and help fund the site.





Toggle shoutbox Shoutbox Open the Shoutbox in a popup

@  lcurle : (22 September 2014 - 12:49 PM) Ebennies Is Down: Error Code [47]: The System Is Currently Unavailable. Please Try Again Later. If This Problem Continues, You May Contact The Dmdc Support Center (Dsc) At 800-477-8227 For Assistance.
@  Notorious Kelly : (21 September 2014 - 07:04 AM) Thanks, T, And Kudos To Kacy!
@  Tbird : (21 September 2014 - 12:48 AM) Forum Is Back Up And Running. We Lost Some Posts, But Were Able To Restore All The Posts To Sep 17. A Big Thank You To Member Kacy For Volunteering And Getting This Fixed.
@  raptorick : (20 September 2014 - 10:12 PM) Posts After The 17Th Are Missing
@  YellowGTO : (17 September 2014 - 01:37 PM) I Can See Reply's In My Email But When I Click The Link It Says "sorry, We Couldn't Find That!" Anyone Have Any Ideas?
@  cragwex : (15 September 2014 - 10:22 AM) Asking For T & P
@  NeverGiveUp : (14 September 2014 - 01:19 PM) Got Denial Letter From Va On Friday, Having Surgery For Hip This Friday Need Advice
@  Tbird : (13 September 2014 - 02:39 PM) Thank You Notorious
@  Notorious Kelly : (12 September 2014 - 02:52 PM) Happy To See The Donate Button For Hadit. No Pressure If You're Struggling But Give If You Can!
@  vet201060 : (11 September 2014 - 11:49 PM) Got The Dea Letter For Pain Killers Today. Interesting To See How This Actually Effects Us Getting Our Meds
@  bad@57 : (11 September 2014 - 07:07 PM) Hello Vets, Had A Very successful Bva Hearing August 20, 2014. Submitting Final Paperwork To Judge For Decision. Wish Me Luck As I Do All!
@  dereekbanks : (11 September 2014 - 12:49 PM) Still No Letter In The Mail, But I Think I Was Denied. Feeling Depressed!
@  dereekbanks : (11 September 2014 - 12:48 PM) Claim Closed On The 8Th, Its 3 Days Later And Ebenefits Still Shows My Same Old Rating.
@  Rotor Head : (11 September 2014 - 06:20 AM) Remember, The 'e' In Ebennies Stands For Entertainment. :blink:
@  ssgtob1 : (11 September 2014 - 05:14 AM) Got Back In, No Change The Last 10 Times I Checked It :(
@  Notorious Kelly : (10 September 2014 - 07:45 PM) Ebenefits Is Back "up" (But I Can't Do Anything In It) ;)
@  carlie : (10 September 2014 - 05:14 PM) Good - They Should Be Helping The Vets In The Virgin Islands - They Should Be Helping All Vets That Can't Earn A Living Due To Something They Experienced On Active Duty.
@  lcurle : (10 September 2014 - 04:37 PM) I Saw On Va.gov That They Are Helping The Homeless Vets In The Us Virgin Islands....im In!
@  lcurle : (10 September 2014 - 04:35 PM) You Must Be A Patient Man To Check It Only Every 10 Minutes, I Hit F5 Every 3 Seconds!
@  ssgtob1 : (10 September 2014 - 12:45 PM) Ebenefits Is Down :( Now I Cant Check It Every 10 Minutes

Photo

Changing Tdiu To 100% Schedular


This topic has been archived. This means that you cannot reply to this topic.
13 replies to this topic

#1 cooter

 
cooter

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 967 posts
 

Posted 07 March 2012 - 12:46 AM

What is the common procedure when your rated TDIU and later awarded enough ratings to qualify for 100% schedular and you want to have it changed.


Coot

Advertise Here

 

#2 Philip Rogers

 
Philip Rogers

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPip
  • 3912 posts
 

Posted 07 March 2012 - 09:25 AM

Cooter - I don't know that they do. I believe it's almost impossible to reach 100% schedular, unless you have a single 100% disability. jmo

pr

#3 Medic

 
Medic

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 27 posts
 

Posted 07 March 2012 - 09:31 AM

I believe the VA will do it on it's own - when the time comes for your re-evaulation of TDIU. Personlally I'll leave it alone unless there is a job you are wishing to work currently.

#4 cooter

 
cooter

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 967 posts
 

Posted 07 March 2012 - 10:15 AM

.Thanks PR & Medic. I been wondering about that for a long time and didn't know how they do it, or if they did it at all. Now That I have your guys attention..lol..How do they configure your % ratings for SMC if your TDIU on a single rating? Lets say I am rated at 60-20-10 and was granted TDIU just on the 60%. Will they figure the other 2, "20-10" with the required 60 to make it 160% total? Hope you understand what I'm trying to say...lol


Coot

#5 Philip Rogers

 
Philip Rogers

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPip
  • 3912 posts
 

Posted 07 March 2012 - 10:24 AM

Coot - you'll need another 60%, in addition to the 60% used for TDIU. Also they use the combined ratings table, which I, personally, disagree with, especially if the claimant has a single 100% rating. Just another way of screwing the vet.

pr

#6 cooter

 
cooter

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 967 posts
 

Posted 07 March 2012 - 10:41 AM

OK, Thanks John. Just to clarify, will they use my other 20 & 10 for the 60?


Coot

#7 Philip Rogers

 
Philip Rogers

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPip
  • 3912 posts
 

Posted 07 March 2012 - 12:16 PM

Yes, your other 20% + 10% will go toward the additional 60%, provided it's only your 60% that is used towards your TDIU.

pr



OK, Thanks John. Just to clarify, will they use my other 20 & 10 for the 60?


Coot



#8 cooter

 
cooter

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 967 posts
 

Posted 07 March 2012 - 01:11 PM

Mucho Gras PR!!


Coot

#9 john999

 
john999

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 22220 posts
 

Posted 07 March 2012 - 01:32 PM

The way I got my "S" was I had 80% TDIU when I got an additional 60% for a single issue. I did have to file a CUE claim to get my "S" since this was around the time that it became known you could get S if you had total plus 60%. If I had not filed I would still be waiting and wondering. The VA has tried to limit their liability in these total plus 60% cases I think. Teac told me about it and he has not got his and Phil has been trying to get it for years since when he got 100% they should have considered him for "S" at that time. They will swear they did, but there is no written proof that most 100% vets were ever considered for S without have 100% plus 60%. Also some DX'es are sign posts for a "S" rating.

#10 Berta

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 28688 posts
 

Posted 07 March 2012 - 02:30 PM

They will swear they did, but there is no written proof that most 100% vets were ever considered for S without have 100% plus 60%. Also "some DX'es are sign posts for a "S" rating. "

John is right. That is the initial basis of the CUE claim I won.

The veteran (my husband) was 100% P & T due to SC PTSD.

He had other disabilities that fell under Section 1151 ( now AO disabilties too)

In a 1998 decision the VA failed to consider him properly for SMC. His CVA under Section 1151 was rated (incorrectly) at 80% (changed to 100% 1151 in the decision)

His 1151 IHD, that VA never rated at all in the 1998 decision, and should have rated , was awarded under Nehmer instead of 1151 last month.

.

SMC is a statuatory benefit by mandate.I sent them an excerpt from the VBM as well as M21-1MR to prove that.

It is basic VA 101 that VA MUST consider eligibiity to SMC whenever the disabilities warrant it to be considered.I mean the disabilities have to have been established by VA

The mandate doesnt say they Must award, it says they must consider it , and if they fail to do that, that is a clear and unmistakable error if you can also prove that their error prevented you from attaining SMC.

Edited by Berta, 07 March 2012 - 02:31 PM.


#11 cooter

 
cooter

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 967 posts
 

Posted 07 March 2012 - 07:16 PM

The mandate doesnt say they Must award, it says they must consider it , and if they fail to do that, that is a clear and unmistakable error if you can also prove that their error prevented you from attaining SMC.


,I'm glad you brought that up Berta, thats interesting. So what your saying above is, if in the Reasons & Bases section of the decision letter, it has to state SMC was considered, or stated in another reasonable matter, and if it is not noted, therefore you have credible evidence for an NOD or CUE. Am I to understand this correctly Berta or John.

#12 Philip Rogers

 
Philip Rogers

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPip
  • 3912 posts
 

Posted 08 March 2012 - 07:05 AM

coot - that is correct. There should be a statement of "some kind," in the reasons and bases" section, as to why SMC was not awarded. I believe, technically, it is a claim that remains "open" and therefore not a CUE. Remember this is only when the claimant is awarded a 100% schedular rating, for one disability and not a combined total of 100%. I would send the VA a letter requesting the status of the inferred SMC issue claim. jmo

pr



The mandate doesnt say they Must award, it says they must consider it , and if they fail to do that, that is a clear and unmistakable error if you can also prove that their error prevented you from attaining SMC.


,I'm glad you brought that up Berta, thats interesting. So what your saying above is, if in the Reasons & Bases section of the decision letter, it has to state SMC was considered, or stated in another reasonable matter, and if it is not noted, therefore you have credible evidence for an NOD or CUE. Am I to understand this correctly Berta or John.



#13 cooter

 
cooter

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 967 posts
 

Posted 08 March 2012 - 06:04 PM

Thanks PR, and yes I did forget this is only for 100% schedular for one disability. That makes a big difference.


Coot

#14 Teac

 
Teac

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 1158 posts
 

Posted 19 March 2012 - 09:38 AM

What is the common procedure when your rated TDIU and later awarded enough ratings to qualify for 100% schedular and you want to have it changed.
Coot


Cooter,

I found myself in this situtation. I was awarded TDIU for a 60% back injury in 1999. In 2007 my asthma/copd was increased from a 60% rating to a 100% rating, The va automatically revoked my TDIU rating. Keep in mind that the VA says that a veteran cannot have a TDIU and a 100% rating at the same time. Also the VA says a 100% rating moots consideration of a TDIU rating. Of course there is nothing that I have found that states a TDIU rating must be revoked on award of a 100% rating... but I'll leave that to another day.

Fast foward to bradley v peake which clearly indicates TDIU holds the swame weight as a 100% rating for SMC purposes......but that is another ongoing conversation.....

Edited by Teac, 19 March 2012 - 05:19 PM.





Advertise Here