tdiu Extra-schedular Rating

[darkhorse]

A total disability rating may also be assigned on an extra-schedular

basis, pursuant to the procedures set forth in 38 C.F.R. §

4.16(:D, for Veterans who are unemployable by reason of

service-connected disabilities, but who fail to meet the

percentage standards set forth in section 4.16(a).

Just wondering if any here on Hadit has gotten TDIU on extra-schedular basis when minimum percentages weren't met? I know this rule exist but I have never heard of anyone succeeding in this.

Thanks for any input,

DH

[carlie]

I believe pr has posted of two - but I can't remember if it was limited

to an extra-schedular award itself or to include that the minimum percentages

were not met.

Maybe he will chime in usually during the daytime.

carlie

[darkhorse]

Thanks Carly

dh

I believe pr has posted of two - but I can't remember if it was limited

to an extra-schedular award itself or to include that the minimum percentages

were not met.

Maybe he will chime in usually during the daytime.

carlie

[Philip Rogers]

I've helped two. One was at 50%, the max allowed for his skin condition. The RO sent the claim to the Central Office(CO) and who gave him TDIU but first they added another 10% for scarring. I don't remember the other but I think it was irritable bowel syndrome.

pr

A total disability rating may also be assigned on an extra-schedular

basis, pursuant to the procedures set forth in 38 C.F.R. §

4.16(:D, for Veterans who are unemployable by reason of

service-connected disabilities, but who fail to meet the

percentage standards set forth in section 4.16(a).

Just wondering if any here on Hadit has gotten TDIU on extra-schedular basis when minimum percentages weren't met? I know this rule exist but I have never heard of anyone succeeding in this.

Thanks for any input,

DH

[JamesBreckenridge]

It's rare, but it can be done.

What you'd need is a statement from the doctor (what we call a medical opinion) stating something like "Despite this veteran's combined evaluation being less than seventy percent, his disability of BLANK renders him unemployable because BLANK."

If I were rating a claim for IU based on disabilities that didn't meet the minimum combined eval, I'd take a look at why the vet was asking for IU, what disability it was, and why the vet says it is keeping him from working. Then I'd ask the doctor for a medical opinion on whether the condition is bad enough to preclude employment. I'm not a doctor, I can't make that decision. If the doctor's fine with it, then I'm fine with it.

If I saw that on a C&P exam or on a requested medical opinion, I'd grant IU on an extra-schedular basis.

[darkhorse]

Thanks Philip

I've helped two. One was at 50%, the max allowed for his skin condition. The RO sent the claim to the Central Office(CO) and who gave him TDIU but first they added another 10% for scarring. I don't remember the other but I think it was irritable bowel syndrome.

pr