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100% Schedular Vs. 100% Tdiu


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21 replies to this topic

#1 vaf

 
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Posted 10 November 2006 - 03:12 PM

Does anyone here see any advantage to a 100% schedular-rated veteran pursuing TDIU at the point he can no longer work?

PTSD is not a factor here, although organic mental syndrome is (already rated at 60%). Lumbar back currently rated at 40%, cervical spine problems currently rated at 20%, but we have an appeal in and an IMO that stated the condition warrants an increase to 40%. Other conditions too, and I see the day coming when this information will be important for us to have on hand.

Is there any advantage when it comes time to file for SSD, or any other reason that might make it a good idea to do this when the time comes?

Thank you, I value your opinions.

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#2 john999

 
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Posted 10 November 2006 - 03:16 PM

There could be an advantage when it comes to special monthly compensation. If you are 100% plus 60% you can get A&A.

#3 vaf

 
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Posted 10 November 2006 - 03:20 PM

I'm sorry, John, do you mean if he files for TDIU? If granted, he would be 100% TDIU, and then his 100% schedular would take him over the required 60%, is that what you meant?

I've looked over the A & A criteria, and fortunately for us, so far, none of it pertains to him.

#4 john999

 
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Posted 10 November 2006 - 05:23 PM

Vicki

If he gets 100% schedular then he can't get TDIU. He has to get 100% schedular for one disability and 60% combined for others to get A&A. If he can't qualify for some kind of SMC then getting TDIU or 100% schedular amounts to the same thing. TDIU is 100% pay rate for those who can't work but are not 100% schedular.

#5 Guest_jangrin_*GuestMember

 
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Posted 10 November 2006 - 10:40 PM

Vicki and John999,

Hope you don't mind a couple of more questoins on this topic. Please.

So if I understand this correctly, its (70%,80%,90%)& TDIU is the same as 100% schedular as far as the pay benefit goes.

100% on one disability plus 60% combined ratings for other conditions gets veteran entitlement to A&A.

Can a verteran get special compensation for drop foot or ED if he has TDIU 100%?or even if he is rATED AT 40%?

Also when a veterans is rated at lets say 70% and TDIU P&T. Is that when the education benefits start for dependents? If not do you know how that works?

Thanks,

Jangrin B)

#6 Vike17

 
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Posted 10 November 2006 - 11:56 PM

As far as money wise, there is no difference between 100% schedular and 100% IU. 100% schedular means that the veteran is 100% disabled because their disability(ies) warrent such a percentage according to the rating schedule. 100% schedular veterans are allowed to work as much as they want, except for 100% awards due to a mental disability. 100% IU ratings are awarded when a veteran has a disability or disabilities that are less than 100% according to the rating schedule and is unable to secure and maintain a subsatntial gainful occupation because of those service-connected disability(ies). Veterans with 100% TDIU rating are genereally excluded from working.

Veterans can be rated either 100% schedular or due to IU and either be permanent and total (P&T) or not. When a veteran is either 100% schedular or due to IU and is scheduled for any review exams in the future, then they are not P&T. If the veteran is either 100% schedular or IU and in not schedlued to be reviewed at sometime in the future, then they are considered P&T. When the VA has designated P&T to a veteran, they are eligible for chapter 35 benefits (educational benefite for their childeren and spouse), and CHAMPVA (medical benefits for their childeran and spoue). Having said that, a while back I think I ran across a regulation that states if a veteran is awarded IU, then by virtue of the IU desigantion the veteran is considered P&T and should be awarded the ch. 35 and CHAMPVA benefits.

Without getting into the whole SMC issue, which can be really confusing, certain SMC awards can be awarded to a veteran if thier disability(ies) are less than 100%, such as amputations of the upper extremities, fingers, and loss of use of the hands to name a few. Another one that comes to mind is SMC "K" due to the loss of a creative organ such as reptile dysfuntion or loss of a breast. Reptile dysfuction warrants a 20% rating and SMC "K."

Vike 17

#7 Brandy

 
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Posted 11 November 2006 - 12:28 AM

Vike,

I have a question as well. Does the veteran have to specifically claim for P&T in order for them to consider it? Even if they have already filled a claim for IU?


Brandy

Edited by Brandy, 11 November 2006 - 12:32 AM.


#8 vaf

 
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Posted 11 November 2006 - 10:06 AM

Thanks, all. Can I hear from anyone about their experiences filing for SSD after being rated 100% schedular (not TDIU)?

My point in this is to figure out how to approach the SSD application when the time comes. Will the SSA look at my husband in a different light as 100% schedular vs. being rated 100% unemployable TDIU? Will it be more difficult than being TDIU? I foresee him exhausting his FMLA benefit, and then his employer would terminate him.

So, I'm understanding that he will not be allowed to file for TDIU, due to already being rated 100% schedular? The SMC/A&A aspect of things doesn't enter into the picture at this point, I'm just concerned about the SSD part of things.

Thanks again.

#9 Guest_jangrin_*GuestMember

 
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Posted 11 November 2006 - 10:28 AM

It is my understanding that the SSA, will consider records from the VA on merit. Treatment for conditions, etc. just like medical records from any provider.

If your husband has been able to work while being 100% schedular, the SSA will want documentation from PCP, VA, re-hab spec, Occupational Spec, to establish why or the exact nature of his being unable to work with this condition, now when he could before.

So in effect what current or new medical evidence proves your husband cannot "function" at some kind of employment in the work force.

All SSA looks at is: is there a job, that is resonably available to the average person, that this person could do. If the SSA's occupational counselor, reviews the records and sometimes talks with the claimant, finds there is "suitable work" they will deny the claim. This process can take up to a year or longer if you have to appeal. Most important thing in filing for SSDI is filling out the INITIAL applicatiojn properly. Pain is not an indication of being unable to work. The inability to "function" as a result of pain is the criteria, as well as any condition that keeps the claimant from being abble to function in the work place whether it is painful or not and whether it is physical dysfunction and or mental dysfunction or both.

I would recommend that a person hires a SSD attorney. They are only entitled to a portion of the award and it does have a cap on the amount. Well worth the money as they can get you to doctors who are acustomed to working with SSA requirements.

There is a MANDATORY five month waiting period with the SSA. You might get the award sooner, but you will not get money for the first five months following the effective date.

I hope this helps. B)

Edited by jangrin, 11 November 2006 - 10:53 AM.


#10 vaf

 
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Posted 11 November 2006 - 11:14 AM

Yes, immensely! I agree, we'll need a lawyer right from the start. Thanks...

#11 Guest_rickb54_*GuestMember

 
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Posted 11 November 2006 - 01:36 PM

Vicki,

Just a few other points.... a veteran does not have to be TDIU or 100% to get special monthly compensation,. as Vike has stated. You asked about drop foot specifically. Yes smc is awarded for drop foot. SMC K, or about $86.00 a month. In order to be awarded an SMC you must be rated for loss of or loss of use. That means another claim, and c&P exam. Along with a K award for dropfoot comes the 12K auto grant, with adapted equipment. It also opens up the possibility of an adapted housing grant depending on the other disabilities.

As far as SSD.

The SSA is not obilgated to award disability based on what the va states. They will look at the va disability but because the SSA has stronger/harder rules for total disability there is the likely hood that SSD would be denied the first time around. After the first go, you will be afforded a chance to appear before an administrative law judge. It is here (ALJ Step) that you may need a lawyer, and not before. While I did not use a Lawyer and was awarded SSD at this step, others find they need one. When I was awarded SSD the awards date was back dated 1 year before I even stoped working.


Hope this helps.

#12 vaf

 
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Posted 11 November 2006 - 01:52 PM

Rick, the drop foot thing was someone else's post. That's one problem my husband fortunately does not have.

I understand the SSA is not obligated to do anything, I was just wondering if there was any specific knowledge out there of anyone's experience filing as 100% schedular, without TDIU and without PTSD.

Thanks.

#13 Guest_rickb54_*GuestMember

 
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Posted 11 November 2006 - 02:04 PM

Vicki,

I can really give any special insight to 100% schedular, without TDIU and without PTSD.

I can tell you this if I were to add all my disabilities up it comes to 200 under va math it is only 90%... my point is that to acheive 100% sechedular is very hard to get where in comparision the rules make it very easy to get TDIU.

As has been stated before TDIU is only awarded if 100% schedular is not granted and a veteran cannot work other. If a veteran is 100% schedular he cannot be awarded TDIU.

#14 vaf

 
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Posted 11 November 2006 - 02:15 PM

Got it, thanks Rick!

#15 betrayed

 
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Posted 11 November 2006 - 05:00 PM

As far as money wise, there is no difference between 100% schedular and 100% IU.

Vike 17


There is a hell of a difference if your a retiree drawing a military retirement check, TDIU will of set it while 100 schedular will not

#16 vaf

 
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Posted 11 November 2006 - 05:22 PM

My husband is retired military. Please tell me more about that, thanks!

#17 john999

 
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Posted 11 November 2006 - 05:26 PM

Brandy

Sometimes the VA will grant P&T status with the award of 100% or TDIU and sometimes you have to ask for it. I had to ask for it via an appeal. I was specifically denied Chapter 35 benefits so I appealed that and was eventually awarded P&T along with the TDIU. I had to fight the VA every step of the way for every benefit. SMC is a subject that is a world of its own. Somethings you need to be 100% schedular for and somethings you don't. Keep asking for all possible benefits and you keep your claim open as far as the effective dates. There is so much good advice from other posters I can't add much except to say just keep appealing.

#18 betrayed

 
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Posted 11 November 2006 - 05:31 PM

TDIU will offset his retired pay so its is no gain. If you get 100% schedular you get it all. Is he drawing any SC% now? If he is you realize his retirement check is minus the amount of the money he gets for his VA disability. but he gets CDRP to replace some of it. When you get tdiu your retirement pay will be offset until 2009. I am at 60%, they offered me TDIU and I told them forget it, it would get me additional benifits but it wouldnt get me any more $$$$. My retirement would be reduced, my x wifes 50% would get reduced and she would take me back to court. If the VA would properly do my claim I would be way over 100% schedular and thats what I am fighting for.

#19 Guest_rickb54_*GuestMember

 
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Posted 11 November 2006 - 05:32 PM

FLHRCI

That would depend on the retirement status of the veteran.

Those retired Over 20 years who get 100% also get concurrent receipt and no offset of retirement and in some cases even get combat related special compensation

Those retired at 19 years and 364 days or less were screwed by congress and their service was spit upon even if they are combat disabled they do not get concurrent receipt or combat related special compensation.

#20 Vike17

 
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Posted 11 November 2006 - 10:41 PM

FLHRCI,

You stated;

TDIU will offset his retired pay so its is no gain...it would get me additional benifits but it wouldnt get me any more $$$$ and There is a hell of a difference if your a retiree drawing a military retirement check, TDIU will of set it while 100 schedular will not

If a veteran is rated 100% due to IU, then the veteran receives their full 100% payment from VA and I think 3/4 of their retirement pay (providing the veteran is retired based on 20 plus years as Rickb54 stated). The reference to 2009 you made is the acceleration of being able to receive both 100% IU and retirement. Starting in 2009 the veteran will receive both their full VA 100% IU and their full retirement check This past fall congress was going put in a provision in the 2007 Defense Authorization Act to fully fund full concerrent receipt for 100% IU veterans and their full retirement pay, which was going to be back dated to January 1, 2005. However, that never happened because both houses of congress couldn't reach a comprimise on how to fund it :-(

So, I don't know where you come up with the assment that if a veteran is 100% IU there is no gain finacially. The veteran is paid the 100% rate plus a portion of there retirement, and starting in 2009 they will receive both.

Vike 17

Edited by Vike17, 11 November 2006 - 10:43 PM.


#21 betrayed

 
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Posted 12 November 2006 - 08:57 AM

FLHRCI,

You stated;

TDIU will offset his retired pay so its is no gain...it would get me additional benifits but it wouldnt get me any more $$$$ and There is a hell of a difference if your a retiree drawing a military retirement check, TDIU will of set it while 100 schedular will not

If a veteran is rated 100% due to IU, then the veteran receives their full 100% payment from VA and I think 3/4 of their retirement pay (providing the veteran is retired based on 20 plus years as Rickb54 stated). The reference to 2009 you made is the acceleration of being able to receive both 100% IU and retirement. Starting in 2009 the veteran will receive both their full VA 100% IU and their full retirement check This past fall congress was going put in a provision in the 2007 Defense Authorization Act to fully fund full concerrent receipt for 100% IU veterans and their full retirement pay, which was going to be back dated to January 1, 2005. However, that never happened because both houses of congress couldn't reach a comprimise on how to fund it :-(

So, I don't know where you come up with the assment that if a veteran is 100% IU there is no gain finacially. The veteran is paid the 100% rate plus a portion of there retirement, .

Vike 17



Like you said, "paid the 100% rate plus a portion of there retirement,"and starting in 2009 they will receive both

I rest my case

Edited by FLHRCI, 12 November 2006 - 08:59 AM.


#22 betrayed

 
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Posted 12 November 2006 - 09:01 AM

so there is a advantage to 100% schedular vs TDIU, you get full retirement plus 100% va disability




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