TDIU 100% P & T Plus

Question:

Hi. I’m currently being paid compensation at 100% due to TDIU. For the past 14 years I have also been rated total and permanent. I was just diagnosed with Non Hodgkin Lymphoma. I served 12 months in Vietnam - boots on the ground. If I file for disability based on exposure to Agent Orange and am granted an additional temporary 100% schedular, do I go back to my original rating before I filed for Agent Orange exposure if I go into remission? Thanks.

 

Jim's Reply:

You'll have two 100% ratings. VA will do the math and you'll come up with a 'housebound' SMC-s rating. Read about SMC ratings here.
 

As you receive your first treatments over time all this will remain the same. Once you complete the first round of chemo you'll be given a sort of grace period and then you'll have a C & P exam (a 'future exam') to determine whether or not you're truly in remission and what sort of leftover disabling conditions you have from treatments...like scarring around the infusion port you're likely to receive.
 

At that C & P exam your future rating will be determined largely by the conditions that you suffer from treatment. You should be prepared to detail just how hard all this has been for you both physically and mentally. Don't hesitate to seek help from a mental health provider within the VA as you progress. Not only will that provide you with some peace of mind, it will support any mental health claim you may need to make in the future.
 

If you are in remission, your rating will most likely eventually fall back to TDIU w/o the SMC. Good luck sir.

 


Source URL: https://dev.statesidelegal.org/tdiu-100-p-t-plus