tdiu Age In Service-connected Claims

[68mustang]

The following is from Title 38 Pensions, Bonuses, and Veterans Relief

§ 4.19 Age in service-connected claims.

top 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.

[29 FR 6718, May 22, 1964, as amended at 43 FR 45349, Oct. 2, 1978]

I have read it, but I still would like someone to explain how it used in VA claims. Thanks.

68mustang

[sharon]

The following is from Title 38 Pensions, Bonuses, and Veterans Relief

§ 4.19 Age in service-connected claims.

top 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.

[29 FR 6718, May 22, 1964, as amended at 43 FR 45349, Oct. 2, 1978]

I have read it, but I still would like someone to explain how it used in VA claims. Thanks.

68mustang

What it is saying is, because you are past retirement age doesn't mean you can not file for unemployability, or a condition that would be age expected such as arthritis, gout, congestive heart failure, ddd, and so on and so on.

[68mustang]

What it is saying is, because you are past retirement age doesn't mean you can not file for unemployability, or a condition that would be age expected such as arthritis, gout, congestive heart failure, ddd, and so on and so on.

Thanks Sharon for the response.

68mustang

[john999]

Age is not supposed to matter at all in VA decisions. I think in reality it often does matter. The VA is reluctant to give a 22 year old vet P&T status for PTSD. They always believe you may get better until you prove that you won't. Legally, age should not be any sort of factor in VA ratings. They cannot use that as an actual reason for a lower rating. Age and education are not supposed to be considered, but in my TDIU claim the VA kept repeating that I had a degree in pyschology. Like that makes me very employable????

[68mustang]

Age is not supposed to matter at all in VA decisions. I think in reality it often does matter. The VA is reluctant to give a 22 year old vet P&T status for PTSD. They always believe you may get better until you prove that you won't. Legally, age should not be any sort of factor in VA ratings. They cannot use that as an actual reason for a lower rating. Age and education are not supposed to be considered, but in my TDIU claim the VA kept repeating that I had a degree in pyschology. Like that makes me very employable????

If I remember correctly I have seen some VA decisions on the internet where claims for increase in disability were attributed to age and not to military service therefore the claims were denied.

68mustang

[john999]

Mustang68

You are right. When the VA does not want to pay for certain claims they will say that it is just the normal aging process that has caused it to get worse. If you have 10% SC for arthritus, and it gets worse over time the VA may argue that it is due to the normal aging process. I think this ploy can be defeated with a good medical opinion from an expert.

[68mustang]

Mustang68

You are right. When the VA does not want to pay for certain claims they will say that it is just the normal aging process that has caused it to get worse. If you have 10% SC for arthritus, and it gets worse over time the VA may argue that it is due to the normal aging process. I think this ploy can be defeated with a good medical opinion from an expert.

Thanks john999. So how does VA get away with doing that? I guess it is up to your medical provider to provide an ironclad diagnosis that will beat the VA.

68mustang