90% IU P&T to 100% Schedular??? Rumor Control

Wally3430

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A buddy of mine that considers himself well experienced in the VA processes, gave me some information the other day. Since I'm 90% IU P&T, he recommended that in 5-7 years I apply for 100% schedular P&T. Being somewhat familiar with the differences between IU and schedular, I gave him a confused look. He is absolutely convinced that if I apply for it, I'll be switched over to 100% schedular P&T EVEN IF my disabilities don't change at all for better or worse (again, they add up to 90%). I asked for a reference on this, but he said there's not really a reference for it, but it's up to the individual ratings official. I'm convinced he's out of his mind. Thoughts?
 

RonG

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Hello,

I would not follow the advice of your friend who, “considers himself well experienced in the VA processes.”

Is he willing to pay the difference if your rating goes down rather than up?

Recommend visiting with a certified veterans service officer if you are inclined to travel that path.

Good luck,
Ron
 

Camp P Marine

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Sometimes people will have IU and apply for increases due to their service connected conditions. This can be extremely dangerous.

Example would be a 70% Mental Health rating with IU awarded. No other S/C conditions.

Veteran applies for increase.

Examiner now states Veteran is only at 50% impairment.

VA rates and "proposes to reduce" from IU of over $3000 to 50% about $980.

This would be the best example of what not to do. Per the law governing IU a 50% for one issue does not warrant am IU award.

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.
(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more.
 

Wally3430

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Sometimes people will have IU and apply for increases due to their service connected conditions. This can be extremely dangerous.

Example would be a 70% Mental Health rating with IU awarded. No other S/C conditions.

Veteran applies for increase.

Examiner now states Veteran is only at 50% impairment.

VA rates and "proposes to reduce" from IU of over $3000 to 50% about $980.

This would be the best example of what not to do. Per the law governing IU a 50% for one issue does not warrant am IU award.

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.
(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more.
That's exactly what I thought and inline with what I know about it. Just making sure I didn't miss something...which it looks like I haven't! Thanks!
 

Wally3430

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Hello,

I would not follow the advice of your friend who, “considers himself well experienced in the VA processes.”

Is he willing to pay the difference if your rating goes down rather than up?

Recommend visiting with a certified veterans service officer if you are inclined to travel that path.

Good luck,
Ron
Thx. Was fairly certain he was out of his mind. I have zero inclination to "travel that path".
 
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