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Few Question Regarding Extra Sceduler Tdiu Claim


emptyshell
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Question

I had an VA Rep at the office today tell me his "facts" about extra scheduler TDIU claims. Can anyone out there remark as to if these statements were correct???

1. If you file for a TDIU claim based on extra scheduler..you must first be denied on the schedular rating decision from RO first. Then you have to appeal that decision to RO so they can look at it as an extra scheduler claim. That they do not send it the first time around to the Director of Comp and Pen. for a decision.

2. Once you file for an TDIU extra schedular claim all the Director of Comp will do once they receive it is give an opinion as to what they would give as a decision and then goes back to the RO and they make the final decision on if you get the extra scheduler TDIU. He says that even if you fit all the rules and laws based for the extra scheduler criteria that RO would just deny you anyway. Because they have the final say in the matter.

3. Also, he stated that the government is cracking down on all TDIU claims with PTSD being a service connection. Cause they are getting too many serviceman who are getting TDIU based on the PTSD. He states that once the serviceman gets the TDIU they drop all their counseling. I do not know where he is getting this stuff???

4. He also states that TDIU can be denied by RO while your claims are in remand and the remand is to gather the C&Ps needed to make a decision. I filed in 1994 for "unemployability". RO never addressed the claim. My claims went to BVA in 2001. They found that RO never addressed the "Unemployability" claim in 1994 and remanded it back to RO as well as all other claims. The other claims were the issues that were to be used for my TDIU claim. The RO denied my TDIU while these other claims were still being worked on in 2004.

How can they deny a TDIU claim(extra schedular) without affording me at least a C&P exam or sending me the proper paperwork to establish my claim properly.

Note: remand on my other claims lasted till 2010 in which they were granted. I recently opened another claim for TDIU in 2010

5. Also Vet rep states he don't even think that TDIU was around that long ago. I just filed along with other claims in 1994, that I was unemployed and felt that my unemployability was due to my mental issues as well as my lumbar issues. Both were granted in 2010 as service connection disabilties. I had a letter from Voc. Rehab stating I am unemployable in 1995. Also have been on SSD since 1996 for service connected disabilities. I personally did not even know about TDIU in 1994..just more of a gripe on my initial claim form at the time complaining that my other issues were causing me to not be employable.

6. Vet Rep also states that while you have an open claim for TDIU they(RO) will not make a decision till all other open claims are finalized.

I hope someone out there on this website can set the record straight..cause if this guy is telling the vets these "facts"....they deserve the right "facts"

Edited by emptyshell
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