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@  chuck57thSig : (30 October 2014 - 05:51 PM) Sarti07, It's Under (Va Claims And Research) Http://www.hadit.com/forums/topic/59064-Prep-For-Decision-Phaseprovisional-Rating/
@  sarti07 : (30 October 2014 - 02:43 PM) Hello, I Just Posted A Topic About Prep For Decision.. I Have No Idea Where To Find It! Lol
@  carlie : (28 October 2014 - 03:42 PM) Reelnrod - Just Pick A Topic That Corresponds To Your Stuff And Post It
@  reelnrod : (28 October 2014 - 10:11 AM) So, How Do I Post A Topic?
@  Thadine : (28 October 2014 - 08:21 AM) Irrrl
@  Thadine : (28 October 2014 - 08:18 AM) Fishing License
@  Thadine : (28 October 2014 - 08:14 AM) Thadine Quick
@  red : (27 October 2014 - 12:14 PM) Anyone Heard Any Updates On Flying Space A For 100% Disabled Vets?
@  maxwell18 : (27 October 2014 - 10:49 AM) I Did Contact My Congressman Jeff Miller, Let's See What Will Happen
@  maxwell18 : (27 October 2014 - 10:48 AM) @britton
@  Tbird : (27 October 2014 - 04:26 AM) Thank You Larry S For Your Contribution To Our Funding Campaign
@  britton : (26 October 2014 - 07:33 PM) Everyone (Veteran's) Should Recive A Memo From The Dept Of Veterans Affairs ****notification Of Medication Scheduling Change****
@  britton : (26 October 2014 - 07:24 PM) Meds That Are Consider To Be Schedule Ii Narcotic...pain Meds Like Hydrocodone Ectt Ect,,
@  britton : (26 October 2014 - 07:22 PM) As I Understand We Only Can See The Va Dr's Every 28 Days To Renew Our Prescription Meds A New Law Went Into Effect Oct 6Th 2014....i Only See Problems Problems Problems With This...grrrrr
@  maxwell18 : (26 October 2014 - 03:52 PM) This Is Maxwell18 Would The Person Who Contacted Me (Vern2) Please Contact Me Again, I Attemped To E Mail You It Returned No Reply. Thanks
@  Tbird : (26 October 2014 - 05:12 AM) Thank You Maxwell18 For Your Contribution To Our Funding Campaign.
@  Notorious Kelly : (25 October 2014 - 07:53 PM) Max- Contact Your Congressman- Dea Has Got Docs So Cowed They're Afraid To Dispense Tylenol
@  maxwell18 : (25 October 2014 - 07:10 PM) Anybody Having Problems Getting Pain Pills (Norco) Filled Us Navy Base (Nas Whiting Fld Milton Fl). Had A Prescription For 90 Norco Pills For 30 Days, 3 A Day For Pain, Got 30 For 30 Days. That Will Last Me 10 Days. Another Thing That Our Government Is Screwing With Us. I Don't Know What To Do, Don't Want To To The Va, Don't Know What They Will Either. Anybody Goy Any Ideas. 
@  Burt : (25 October 2014 - 10:28 AM) Does Anyone Else Here Wear A Don Joy Armor Knee Brace From The Va?
@  red : (24 October 2014 - 10:10 AM) Any News On Space A Flying?

Photo

Changing Tdiu To 100% Schedular


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13 replies to this topic

#1 cooter

 
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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

#2 Philip Rogers

 
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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

 
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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

 
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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

 
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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

 
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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

 
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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

 
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Posted 07 March 2012 - 01:11 PM

Mucho Gras PR!!


Coot

#9 john999

 
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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

 
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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

 
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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

 
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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

 
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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.


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#14 Teac

 
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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.