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Hart V Mansfiled

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Berta

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Hart V Mansfield ( one of the CAVC decisions that transpired during the Deputy Secs tenure- is often-in my opinion- something overlooked by the rep as well as the claimant and certainly by the VARO-

this came up when I read and replied to Hurryupandwait's post today.

Hart provides for “staged ratings”

In other words-say your disability was 10% and then the VA awards 50%-and they use the date of claim as the EED-but did they account for a staged progression?

I need to really think about this statement from the BVA in this link-

Legal beagles out there will see what I mean-

The

Court found "no basis for drawing a distinction between

initial ratings and increased-rating claims for applying

staged ratings."

Interesting- I always wondered how the heck my husband- at 30%- jumped to 100% SC without being 50 to 70 % SC.Obviously his PTSD disability increased between the time of the 30 % award to his death (the 100 % SC award for PTSD was posthumous)

I am sure this is the case for many of you- how can your disability increase without the VA accounting for-in some cases not all- a staged rating-???

From: http://www.va.gov/vetapp08/files1/0800739.txt

“In May 1995, service connection for residuals of a low back

strain was granted and rated as 10 percent disabling,

effective from August 1, 1994. In relevant part, the RO

received the veteran's informal claim seeking an increased

rating for his low back disability in February 2006. By

rating decision in June 2006, the RO confirmed and continued

the 10 percent evaluation. However, as noted above, in July

2007, the RO increased the 10 percent rating to 20 percent

effective from May 30, 2007. Although this appeal does not

stem from an initial rating determination, the Board notes

that in Hart v. Mansfield, No. 05-2424 (U.S. Vet. App. Nov.

19, 2007), the United States Court of Appeals for Veterans

Claims (Court) held that staged ratings are appropriate for

an increased rating claim when the factual findings show

distinct time periods where the service-connected disability

exhibits symptoms that would warrant different ratings. The

Court found "no basis for drawing a distinction between

initial ratings and increased-rating claims for applying

staged ratings." Given the procedural development in this

case, consideration of this matter is warranted.”

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I dont remember what part of the appeals process you are in but I think a vet should apply for TDIU as soon as they feel the evidence will support that they are unable to work due to their service connected disability.

Filing the TDIU form ASAP preserves the earliest date of entitlement to TDIU.

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Berta, did you know you're amazing? Thank you for your help!

I dont remember what part of the appeals process you are in but I think a vet should apply for TDIU as soon as they feel the evidence will support that they are unable to work due to their service connected disability.

Filing the TDIU form ASAP preserves the earliest date of entitlement to TDIU.

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