tdiu Quick ? Before Filing Nod

[JaxVet]

If TDIU is granted based on two injuries (knees and back) and the veteran has additional ratings of 50% and 10%, does this meat the requirements set forth in Bradley v Peak?

[stillhere]

If TDIU is granted based on two injuries (knees and back) and the veteran has additional ratings of 50% and 10%, does this meat the requirements set forth in Bradley v Peak?

You may bring that question up and see if they consider it.

[SheilaLundlee]

If TDIU is granted based on two injuries (knees and back) and the veteran has additional ratings of 50% and 10%, does this meat the requirements set forth in Bradley v Peak?

I'm attaching a DAV Service Bulletin that analyzes the effect of Bradley v. Peake, and I'm quoting the summary here as well. It doesn't look like your disability percentages will meet the requirements, but please raise the question formally with the VA:

"

Based on the Court’s decision in

Bradley

, entitlement to SMC at the (s) rate will now be granted

for TDIU recipients if the TDIU evaluation was, or can be, predicated upon a single disability

and (1) there exists additional disability or disabilities independently ratable at 60 percent or

more, or (2) the veteran is permanently housebound by reason of a service-connected disability

or disabilities."

Good luck!

sheila

2009-10.pdf