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Is Iu Considered A New Claim Or A Re-Opening Of A Claim ?

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VetsLady

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Yes indeed you are correct Larry. But, what I was actualy asking was; Say for instance you file for TDIU with one SC disibility and was denied. Later you incurred two more SC disibilities. Would that be new & material evidence to re-open your prior claim of TDIU, or do you have to file a new claim with the three disibilities? Hope this is better to understand what I was getting at.

Thanks Larry for helping me out.

Okay, whilst I'm waiting on the monster-in-law to get ready so's me and Wife can take her out to eat, I'll give this one more shot:

IF you are claiming TDIU due to a prior denied TDIU claim...........then you have to have NEW and MATERIAL evidence to submit. That is NEW evidence (evidence they haven't seen before) and it must be MATERIAL (it must stand a reasonble chance of changing the outcome of the claim, once it is considered by the VA).

IF you have "two more service-connected disabilities" for which you have NOT turned in a TDIU claim(s), then this instance would necessitate the instigation of NEW 21-8940's.

NOW, if you are saying that the two NEW disabilities are causing a worsening of your ORIGINAL disability for which you ORIGINALLY turned in a 21-8940, then you are going to have to tie these two NEW service-connected disabilities in with the originally claimed and denied disability (for example, IF your two NEW service-connected disabilities are due to conditions AGGRAVATED BY the ORIGINALLY claimed and denied 21-8940) then, yes, you would have maybe a chance of getting the earliest effective date of your TDIU claim to be the date that you ORIGINALLY filed your ORIGINAL 21-8940 ("a-snowball's-chance-in-hell" comes immediately to mind, but, HEY, I've seen snowball's in Hell, before, matter-of-fact I've been responsible for a couple of them..................).:rolleyes:

Okay, I've gotta go feed the Monster.

Later, if you have anymore questions, or if I've TOTALLY missed the target on this response...............!

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Thank you all for your answere's and yes my question was answered! I truly try to comprehend everybody's input the first go-around. I apologize for being simple minded on some matters, but hey, that's just the way I am, and probably always will be. MERRY CHRISTMAS!!!

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We got the word this morning that my husbands claim for TDIU was approved.

I was hesitant for a few hours to post the update as there are so many who are still waiting to hear something but,

I thought this positive piece of news would offer continued hope to those who are still waiting. It appears there have

been alot of positive decisions lately, which is very encouraging.

VetsLady

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