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

[john999]

Mustang68

Yes, an ironclad medical report that hits all the right buzz words and dots all the I's and crosses all the T's. The VA almost always looks at claims (especially when you are asking for TDIU or 100%) with an eye to finding some NSC reason for denying the claim. If your doctor states that you have a drug and alcohol problem and also PTSD the VA is probably going to try and claim that the reason you can't work is due to the substance abuse problems unless your doctor says that you have these problems, but they are symptoms of the underlying PTSD which is SC. If you give them an opening they will take it. Sometimes you just have to go with what you have and add additional evidence to clarify and support your claim. That is why there is a appeals process. I have had to appeal every single benefit I ever received from the VA. You always have to be ready to go back and get more evidence if the VA finds a weakness in your claim to benefits. Sometimes you can have a really good claim and the VA wil force you into appeals in hopes you will give up or die.