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70/iu & 100 Difference?


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20 replies to this topic

#1 Cavman

 
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Posted 18 February 2007 - 07:43 AM

Is it worth the effort filing an appeal from 70/IU asking for 100 P&t?

Also, my award says 70/IU p & t. I didn`t even know a 70 iu p&t existed.


Cavman

#2 Hoppy

 
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Posted 18 February 2007 - 08:45 AM

Caveman,

This came up on my claim many years ago. It is my recollection that if you can get 100% schedular that this is the best way to go. However, if the 100 was to be based on an extra-schedular rating then it is the same process as 70% + IU. They just do the IU rating if you have not worked in a long time. I got the P&T also. When I was rated I had not worked in over ten years and told the DRO their was no way that I would return to work.

It is my understanding that if you are 100% schedular for a medical condition that you can have earnings from employment without risking a reduction in you rating. If you were 100% schedular for a psychiatric condition that was based on employment functioning, returning to work could reduce your rating. Hopefully, other folks have the M-21citings on this readily available.

#3 Cavman

 
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Posted 18 February 2007 - 02:56 PM

It really depends in the situation. But in most cases you will not get to 100% schedular. I guess the question I have for you is what is the addition disability that you have that makes you think you can get to 100% schedular.

Normally unless you have a life threating condition, or loss of use of limbs, it is almost impossible to get to 100%.

Remember too that 100% and tdiu pay the same thing.


I`ve read many BVA cases where vets have been moved from 70 to 100. They all do not have an IU rating though. I guess there really is no advantage to being 100 p & t to being 70 w/IU p & t. They both have the same benefits. My main concern was getting school help for my daughter which because of illness I would not be able to afford. Now I can, so I am a happy man. I have decided to leave well enough alone.


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#4 john999

 
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Posted 18 February 2007 - 05:28 PM

Caveman

It is worth filing an appeal to get the P&T. That is what I did and got P&T one year later. Now my wife has ChampVA. For shcool it would be good and if you appeal and win the P&T status goes back to your initial IU claim date. I was 70% IU and appealed for P&T. Now 5 years later I am up to 80% but never will get 100% because of the reasons Rick expressed. It is only for SMC housebound or A&A that 100% schedular might be useful. I think if you go at it from the back door by being approved for HB they might bump you up to 100% to justify giving you HB. A friend of mine did that.

#5 frosty69

 
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Posted 18 February 2007 - 08:19 PM

rickb54 and
fla_viking

When I got bumped up to 70% with TDIU, for PTSD, I got my P&T at the same time, so it does happen on occasion, then about a year later I put in a claim for panic attacks with Agoraphobia , I had a C&P exam, without the VA telling me I was getting a C&P, so was approved for that, then they bumped me up 100% scheduler for PTSD. I guess it all depend on how bad the VA feels your disability is, in getting the right percentage.

#6 Cavman

 
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Posted 18 February 2007 - 10:22 PM

Caveman

It is worth filing an appeal to get the P&T. That is what I did and got P&T one year later. Now my wife has ChampVA. For shcool it would be good and if you appeal and win the P&T status goes back to your initial IU claim date. I was 70% IU and appealed for P&T. Now 5 years later I am up to 80% but never will get 100% because of the reasons Rick expressed. It is only for SMC housebound or A&A that 100% schedular might be useful. I think if you go at it from the back door by being approved for HB they might bump you up to 100% to justify giving you HB. A friend of mine did that.


john999:

My 70/iu says p & t with chapter 35, champva etc. At least thats the way I read it.

#7 john999

 
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Posted 19 February 2007 - 08:21 AM

Caveman

Yes you got the whole thing. Now you can start sleeping at night. Congrats and take a break and wait for the back pay check. Don't spend it all in one place. 100% schedular is something to go for if you thing you can get A&A or are housebound. You have a year to file a NOD so take a break.

#8 Berta

 
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Posted 19 February 2007 - 08:35 AM

This is what gets me-

The VA granted my husband 100% P & T SC PTSD posthumously for a three year period- sending me 2 years of accrued-the regs where for 2 years only at that time.

He was totally disabled by the Section 1151 disabilties he had- that VA had caused. (documented) 100% for the 1151 stroke and th heart disease and diabetes has not ever been rated-
Nevertheless- it is basic VA case law- 100% SC plus 60% or more SC (even under 1151)as long as this is an independent additional disability- equals SMC.
(OGC Pres Op and BVA statements as well as M21-1 support this legal fact)

My vet rep questioned this in an award letter a decade ago but did not advise filing a NOD-the VA stated they did not consider Rod eligible for SMC consideration.They stated ALL of their malpractice caused his death-but listed his 1151 stuff as 100% under NSC and did not formally acknowledge them further as Sec 1151 100% until they buggered my CHAMPVA but I got that squared away.I was pretty pissed at what they did then but then within a few hours I realised again they had out a foot in their mouths so I sent the CHAMPVA stuff and stuff from their VSM that helped fix it- as evidence for my CUE.
The VA had formally acknowledged (in attempt to stop my CHAMPVA benefits)
that the veteran was 100% or more under Section 1151.
(that is not why I get CHAMPVA-that is due to the 100% P & T SC of PTSD.

They are working on my CUE on this now-

QUESTION- is a vet with TDIU actually supposed to also be considered for SMC with additional 60% SC rating?
I think they are and I think some of you get SMC with TDIU- but now I am not sure-

If the VA says you are not eligible for consideration for SMC and this doesnt seem right-
based on your evidence you might want to challenge their decision and at least get a statement of why you are not eligible for consideration.

Edited by Berta, 19 February 2007 - 08:43 AM.


#9 calnight

 
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Posted 19 February 2007 - 06:09 PM

caveman,


I TO GOT 70% AND IU P&T. IN MY OPION LEAVE IT WERE IT IS THERE IS NO MORE MONEY FOR 100%. AND THEN YOU DONT HAVE TO DEAL WITH THE VA AGIAN . BESIDES READ THE 100% SCHEDULARE FOR PTSD IT IS VERY HARD TO GET UNLESS YOU DO HAVE THOSE SYPTOMS. AND REMBER JUST BECUASE IT SAYS P&T MAKE SURE STILL GO TO YOUR DOCTOR VISITS AND STILL GET COPYS OF EVERTHING NEVER TRUST THE VA. THEY CAN STILL CALL YOU BACK FOR A C&P FOR THE PTSD.

#10 Pete53

 
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Posted 19 February 2007 - 06:26 PM

On my Chapter 35 my kids were allowed to chose effective date or date of notice. It worked out well for them.

#11 Cavman

 
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Posted 19 February 2007 - 10:09 PM

caveman,
I TO GOT 70% AND IU P&T. IN MY OPION LEAVE IT WERE IT IS THERE IS NO MORE MONEY FOR 100%. AND THEN YOU DONT HAVE TO DEAL WITH THE VA AGIAN . BESIDES READ THE 100% SCHEDULARE FOR PTSD IT IS VERY HARD TO GET UNLESS YOU DO HAVE THOSE SYPTOMS. AND REMBER JUST BECUASE IT SAYS P&T MAKE SURE STILL GO TO YOUR DOCTOR VISITS AND STILL GET COPYS OF EVERTHING NEVER TRUST THE VA. THEY CAN STILL CALL YOU BACK FOR A C&P FOR THE PTSD.


Is this application for uniformed services ID card form (DEERS ENROLLMENT) for getting into a PX? Where did you send yours or turn it in? You and I have the same award exactly.....what have you done that I need to do? We don`t apply for chapter 35 help until the year our children finish high school right?


Cavman

#12 Cavman

 
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Posted 19 February 2007 - 10:11 PM

On my Chapter 35 my kids were allowed to chose effective date or date of notice. It worked out well for them.



Did your kids use your chapter 35 right away or was it years before they applied? It basically pays tuition doesn`t it?

Cavman

#13 Pete53

 
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Posted 19 February 2007 - 10:22 PM

It pays something like 800 bucks a month and that is it.

#14 jessejames

 
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Posted 19 February 2007 - 11:34 PM

yes, chapter 35 only applies after they finish high school. unless it has changed, you need to take the px, commissary id application to an active base, they have a place there where they issue you the card with picture etc...it's been many moons since i got mine, but that's the way it was then and someone has to take the pic for the id card, so i suppose you would still have to apply in person. i can recommend the MyEHealth Vet also, I had been a member for quite awhile, but i signed up last week for the complete deal where you can see and refill all prescriptions online, and in the near future will be able to see and download your medical records from the vamc. it seems this is going to be a great program. you apply at your local va medical center...you will need to apply at the Release of Information Office and it's quicker if you watch this REQUIRED short video before you go in, that way you won't have to wait. you can go ahead and register here and get your password etc set, that way when you go to apply, it will cut down on time. register here: https://www.myhealth...-anonymous.html view video here https://www.myhealth...mhv-ipa-vid.wmv

#15 terrysturgis

 
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Posted 20 February 2007 - 06:53 AM

Cavman, to get the DOD card I called the 800-827-1000 and requested a letter stating my 100% P&T status. It took about 3 weeks. You can use the decision it self but the letter is one page long and is short and sweet. Because of your 100% P&T your card will have an indefinate expiration date. My wife's expires every three years. Web search Deers, Michigan to see where you can get an ID. The Defense Center in Battle Creek does it every work day and the Marine reserve does it only on Fridays. Take care. Terry Sturgis

#16 terrysturgis

 
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Posted 20 February 2007 - 06:53 AM

Cavman, to get the DOD card I called the 800-827-1000 and requested a letter stating my 100% P&T status. It took about 3 weeks. You can use the decision it self but the letter is one page long and is short and sweet. Because of your 100% P&T your card will have an indefinate expiration date. My wife's expires every three years. Web search Deers, Michigan to see where you can get an ID. The Defense Center in Battle Creek does it every work day and the Marine reserve does it only on Fridays. Take care. Terry Sturgis

#17 Guest_phubai70_*GuestMember

 
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Posted 20 February 2007 - 11:28 AM

Terry - are you talking about DDform 2765?

#18 calnight

 
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Posted 20 February 2007 - 12:00 PM

Is this application for uniformed services ID card form (DEERS ENROLLMENT) for getting into a PX? Where did you send yours or turn it in? You and I have the same award exactly.....what have you done that I need to do? We don`t apply for chapter 35 help until the year our children finish high school right?
Cavman




caveman,

I really have not done much i have not applied for my px card yet the closes military base is 90 miles from me so i wont use it that much so iam in no hurry to get it. i did apply for champava for the kids and wife. the chapter 35 benifits i have done nothing my kids are to young to use them and the wife already went to school. I have been busy I just bought my first house and taking care of my kids i saw my va shrink last week i still go atleast 1 every 2 months make sure you still see your shrink caveman. and keep copys. also how far did they back pay your award.

#19 john999

 
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Posted 20 February 2007 - 04:50 PM

I live about 5 miles from MacDill AFB and I never go there for anything. I just never go to the trouble of waiting in line at the gate to shop at the over crowed BX. I went there a few years ago and everyone in uniform seemed so young it was amazing.
The military is being operated by high school kids it seemed to me.

#20 Cavman

 
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Posted 20 February 2007 - 06:47 PM

caveman,

I really have not done much i have not applied for my px card yet the closes military base is 90 miles from me so i wont use it that much so iam in no hurry to get it. i did apply for champava for the kids and wife. the chapter 35 benifits i have done nothing my kids are to young to use them and the wife already went to school. I have been busy I just bought my first house and taking care of my kids i saw my va shrink last week i still go atleast 1 every 2 months make sure you still see your shrink caveman. and keep copys. also how far did they back pay your award.


I will always see my doctor monthly. (15 mos. coming)

#21 Cavman

 
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Posted 20 February 2007 - 06:51 PM

I live about 5 miles from MacDill AFB and I never go there for anything. I just never go to the trouble of waiting in line at the gate to shop at the over crowed BX. I went there a few years ago and everyone in uniform seemed so young it was amazing.
The military is being operated by high school kids it seemed to me.



john999:

A few years ago I got onto Ft. Meade, where I was stationed last and went into the PX. I asked a few if my old Cav unit was still there and no one had ever heard of it. I also felt ancient and thought the unit patches looked like some kind of foreign units. I`m not even sure the PX prices are cheaper so I probably won`t even mess with it.

Cavman