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Extra Schedular

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Guest Namvet6567

Generally, I've only seen it used in TDIU claims. An extraschedular rating is used when a claimant does "not" meet the schedular requirements of 38 CFR 4.16(a.) but could be TDIU. The claim, if considered by the VARO to be possibly eligible, is forwarded to the Central Office (CO), with a VARO recommendation, for a decision. I've done one where the vet was receiving 50%, the max allowed for his skin condition, and he was increased, by the CO, to a combined rating of 60%, 50% + 10% for scarring and given TDIU. They had questionably legally/illegally denied him TDIU, for 15 yrs, based on not meeting the schedular requirements of 4.16(a.), even though the record clearly showed service-connected (SC) TDIU. Even help from his congressman, failed. They awarded him roughly 3.5 yrs retro, which he decided to accept rather than appeal and "rock the boat" (his words). It took us just over a year for the award.

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