Question:
Not sure if you are the same guy on a law blog that answered me, but here it goes. I recently received a SOC and the decision letter, granting me 100 percent rating. But, prior to my appeal and new rating update, I began as IU Jan 2017, rated as 90 percent and paid at 100 percent. The next year, 2018, I got another decision letter and it had about 5 or 6 of my SC-disabilities as "static" and a paragraph saying I was awarded DEA for my wife and kid putting me as P&T. Then here in April 2020, I got the above decision letter putting me at 100 percent.
Here is the HUGE question, can someone be 100 percent combined rating for disabilities and VA still leave them as IU and P&T, so basically all 3 at once? I ask, because I think you or someone said you can't be 100 percent Schedular and IU at the same time, but can I start as 90 percent IU and P&T and then VA award me 100 percent, but keep me still as IU and P&T or will IU fall off? My VA Summary Letter on eBenefits has me marked as all 3 things. Please advise,
Jim's Reply:
You're correct, you can't hold 2 or 3, 100% ratings except in some few unusual circumstances. What you're experiencing isn't all that unusual because the computer network at VA isn't exactly efficient.
Data entered at one station in Oregon may not show up on another system in Atlanta or in Dallas or DC for days, weeks or longer. If you are being paid at the 100% rate and not 2 times or three times that rate, that tells me that you'll need to be patient while all the systems reconcile the data about you. If you receive payments in excess of the 100% rate, don't spend that money. The systems will eventually reconcile and the government will be wanting any overpayments back and they will take it from your bank account with little or no notice.
No overpayments? No worries.