treelaw420

TDIU’s regulation: , Ch 38 Chapter 1 part 3 ,§3.340 Total and permanent total ratings and unemployability: (a) Total disability ratings—(1) General.Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. Total disability may or may not be permanent 36 CFR 4.16: It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. § 4.19 Age in service-connected claims: Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis for a total disability rating. Age, as such, is a factor only in evaluations of disability not resulting from service, i.e., for the purposes of pension. Lastly 38 CFR 21.53 (d)Vocational goal is reasonably feasible. Achievement of a vocational goal is reasonably feasible for a veteran with either an employment or serious employment handicap when the following conditions are met: (1) Vocational goal(s) has (have) been identified; (2) The veteran's physical and mental conditions permit training for the goal(s) to begin within a reasonable period; and (3) The veteran: (i) Possesses the necessary educational skills and background to pursue the vocational goal; or (ii) Will be provided services by the Department of Veterans Affairs to develop such necessary educational skills as part of the program. (Authority: 38 U.S.C. 3104(a)(1), 3106(a)) M21-1MR, Part IV, Subpart ii, Chapter 2, Section F, states “ When a Veteran's claims folder indicates that he/she was seen by the Vocational Rehabilitation and Employment Service (VR&E), obtain and evaluate any records related to this contact." The VR&E records may document the Veteran's participation in a training program, or show that training was not feasible or was unsuccessful Read this Vet App. Case Leicher v. Derwinski, 2 Vet. App. 26 (1992) . In denying the appellant a total rating based upon unemployability, the BVA did little more than point to appellant’s relatively advanced education and occupational experience and opine that his disabilities did not “preclude all forms of substantially gainful employment.” This clearly is insufficient in providing “reasons and bases” for the decision. Hatlestad v. Derwinski, U.S. Vet. App. No. 90-103, slip op. at 10 (Mar. 6, 1991) (BVA decision failed to explain the conclusion of the BVA that appellant was not unemployable); 10/19/2018 Page 7 of 7  ....Moreover, in its evaluation, the BVA failed to consider the 1988 VA psychiatric examination report and the 1988 VA social and industrial survey, both of which concluded that the appellant was incapable of securing or maintaining employment. There is no evidence of record to the contrary. We have previously held that the conclusion of an examining psychiatrist is a medical conclusion which the BVA is not free to ignore. Willis v. Derwinski, U.S. Vet. App. No. 90-27, slip op. at 7 (Aug. 21, 1991). Beaty v. Brown, 6 Vet.App. 532, 537 (1994): (“Where the veteran submits a . . . claim for a TDIU rating . . . the [Board] may not reject that claim without producing evidence, as distinguished from mere conjecture, that the veteran can perform work that would produce sufficient income to be other than marginal.”). @Jerribly!!! Conclusion: Every Individual is Unique! A broad/bold statement that just because you are in school means you can't work is highly contradicting; that is the very reason why the VA pays for school within the Chapter 31 program-to eliminate the veteran's serious or non serious employment handicap. Courts will not allow the VA to deny Chapter 31 or TDIU based off of a Veteran's aspirations to find employment even if 4,6,8 years of school/training are needed, the VA will pay if feasible with your injuries! A lawyer can be paraplegic, blind, deaf, suffering from PTSD, etc. the employment is feasible, but only if they receive the proper education and certifications. I hope this helps you- I currently am 4 years into my Chapter 31 program myself, I've earned an AA, Master of Legal Studies, and now am in my last year of Law School. The VA has paid for it all. And still, if I please, I can apply for TDIU until I become a Lawyer as stated in my rehabilitation goal. @Jerribly, your terribly wrong. In fact, if a veteran is found to be TDIU, they are AUTOMATICALLY referred to Chapter 31 to analyze whether or not it is permanent. i.e. Chapter 31 enhances a disabled veteran's chances of being employable at a future date. This helps not only the veteran, but also the VA by ceasing payments once the veteran has established income above the federal poverty line.