Dear Jim,

I hope all is well with you, I recently was increased from 30% to 50% for PTSD going back 6 years. I was then awarded 70% for PTSD effective the date of the exam 2/2013, I am also service connected 30% for my jaw and another 30% for facial scars. my question is with a 130% schedular rating can I still be gainfully employed or should I seek TDIU?

Thanks for your help

Reply:

You aren't rated at 130%. That may be the total of your ratings but VA doesn't add it up that way. VA uses the Combined Ratings Table (CRT).

http://www.benefits.va.gov/compensation/rates-index.asp#combined

Using the table, we add your highest rating to the next rating following the instructions we find on the CRT.

Thus, 70% + 30% = 79%. (We don't round the sum yet.) Then we add the next 30% with the 79% to get 85%. 30% + 79% = 85%.

The 85% will be rounded up to the final sum, 90%. (Any number ending in 5 or more rounds up, 4 or less rounds down.)

Thus, your overall disability rating is 90%. You are eligible to apply for the TDIU benefit that would rate you ate 100%.

Unless and until you are awarded the 100% TDIU benefit, you may work with no restrictions. Of course, if you are able to work, you aren't eligible for TDIU.

TDIU is an "unemployability" benefit that is only awarded to those veterans who are unable to obtain and retain gainful employment because of their service connected disabilities. If you're able to work, you aren't eligible.