My husband's BVA decision states residuals of a herniated cervical disc and discectomy are the result of service connected residuals of a left tibia fracture. It also states under ORDER that Entitlement to service connection for residuals of a cervical disc herniation and discectomy as secondary to srvice-connected residuals of a left tibia fracture is granted. They sent it back to RO to be rated.
? What %age do you think RO will give him for this.
My husband current rating is 60% and he has applied for TDIU and was denied by RO.
However, BVA states in their decision: "With respect to the Veteran's claim for TDIU,, the claim is inextricably intertwined with the grant of service connection for a cervical spine disability discussed above. After implkementing the Board's grant of service connection, the RO should readjudicate the claim for TDIU. The Board notes that the Veteran's residuals of a left tibia fracture, left knee recurrent subluxation, and left knee tender scar are disabilities of a common etiology, and therefore meet the schedular criteria for a grant of TDIU under 38 C.F.R. Section 4.16(a)."
? Do you think RO will now grant him TDIU PT. 3 doctors have given IMO's stating that he is unemployable because of these injuries.
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Charleese
Hi all,
My husband's BVA decision states residuals of a herniated cervical disc and discectomy are the result of service connected residuals of a left tibia fracture. It also states under ORDER that Entitlement to service connection for residuals of a cervical disc herniation and discectomy as secondary to srvice-connected residuals of a left tibia fracture is granted. They sent it back to RO to be rated.
? What %age do you think RO will give him for this.
My husband current rating is 60% and he has applied for TDIU and was denied by RO.
However, BVA states in their decision: "With respect to the Veteran's claim for TDIU,, the claim is inextricably intertwined with the grant of service connection for a cervical spine disability discussed above. After implkementing the Board's grant of service connection, the RO should readjudicate the claim for TDIU. The Board notes that the Veteran's residuals of a left tibia fracture, left knee recurrent subluxation, and left knee tender scar are disabilities of a common etiology, and therefore meet the schedular criteria for a grant of TDIU under 38 C.F.R. Section 4.16(a)."
? Do you think RO will now grant him TDIU PT. 3 doctors have given IMO's stating that he is unemployable because of these injuries.
Thanks in advance for your replies.
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