tdiu Posted A Question On Jim Strickland's Board

[Philip Rogers]

I posted the following question:

vaslayer2002 wrote:

Jim - I"m looking for an for how the VA adds the 60%, once the 100% or TDIU is met. Do they use traditional math/addition or do they use the combined ratings chart??

and this is the only answer I received from someone who posts as "Interested-1":

SMC 100+60 - (Interested-1) 03-11-11 - 1:48 PM

The additional 60% (after either the single 100% or the single 60% upon which TDIU was granted) is determined by your friend, the Combined Ratings Table at 38 CFR 4.25; don't forget the effect, if any, of the Bilateral Factor at 38 CFR 4.26.

I've never posted there before but I hope that's not Jim spreading the VA's lie.

pr

[john999]

He probably does not know the answer to your question. It is easy to quote VA scripture. I had five 10% ratings and one 60% rating before I to "s" for what it is worth.

[WAC-Vet75]

What's Jim Strickland's Board? Update... I found it and posted with you!

I guess he never actually read 38 CFR 4.25 PR, as it is based on remaining efficiency, and could not have read 38 CFR 3.350 "(4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above." Can't use the bilateral factor here, and meet the requirement, according to the law/regulation!

I really am amazed at how so many love to reference 4.25, yet they do not know what it is actually based on!! Too many give the simplest response, "that's how the VA has always done it". Well, the VA has always ignored TDIU until Bradley v Peake, had always denied AO claims that the Court now says they MUST address..... We, Veterans, may no longer be on active military duty, but we are on active VA watch!

Edited March 15, 2011 by WAC-Vet75

[Philip Rogers]

K - I saw your post there. Thanks for the help. The response to my argument from "Interested-1" was:

SMC 100+60 - (Interested-1) 03-15-11 - 5:49 PM

Look at 38 CFR 3.323. The concept of "combined" applies to ALL ratings.

He/she sounds like a VA employee or former employee. jmo

pr

[Tbird]

Jim has his board and Hadit.com has its. We do things a bit differently but we have the same mission. If you are having problems with someone on any other forum. Please don't bring them to this forum.

Feel free to discuss the claims issue, but please leave it at that.

[Philip Rogers]

I'm sorry tbird! I understand. I thought it was about an claim issue and when I discuss the issue I quote it's source. I won't do it again.

pr