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Temp Tdiu

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Charleese

Question

If a vet was injured in July of 2008 and filed for TDIU in May of 2009, would that vet get Temporary TDIU. When filed he just asked for TDIU, he didn't ask for temporary TDIU. In his retro payment and award letter it doesn't mention anything about temporary TDIU. Can he do a NOD on that because he was well within the 1 year period for filing.

Thanks in advance for your replies.

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I think I know exactly what you mean here Charleese-

the regs you need are in this BVA decision and it is a remand but it explains how they develop these claims.

http://www.va.gov/vetapp10/files3/1024149.txt

WHen a vet is hospitalized for 21 days or more for a SC condition (or what becomes SC) they can receive temp 100% comp because for that 21 days (which VA considers a month) they are, in essense unemployable due to a SC condition.

It happens often when a vet goes into PTSD inhouse program or has a physical disability requiring surgery etc for 21 days in a VA hospital.

The convalesence regs are in the decision too if the SC requires a convalescence period and is the type of disability that is in the criteria of the regs for that.

In your husband's case he definitely should ask for this benefit if he fits into the criteria for one of the above or both.

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jbasser, evidently you do not understand. What we are doing is no more than what anyone else on this forum is doing and that is to find out whether he is due monies for Temporary TDIU for his injury in 2008 in which that injury is now SC. That's all. If he is due this money then we will NOD to get it. Sorry you don't understand and you need not be concerned.

Charleese,

You've pointed out to pr and jbasser that they don't understand.

Just for the record - it is you that doesn't understand.

There are no provisions in the 38CFR regs for "Temporary TDIU".

What you continue referring to as "Temporary TDIU" does not exist.

There are provisions for a Temporary Total Rating in 38 CFR 4.29 and 4.30,

but it is not adjudicated as a "Temporary TDIU".

I hope no new members latch onto this "Temporary TDIU" phrase you continue to refer to,

as there is NO such animal.

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Thank you Carlie for pointing out that I am using the wrong terminology. However JBasser stated that he was concerned as to what I was doing, when I was doing anything but just asking a question.

Berta is correct and I thank her, because that is what I was trying to ask but used the wrong terminology. The terminology I should of stated was 100% temporary comp instead of temp TDIU. I said TDIU because that was what he was granted. Now I know to say 100% temporary comp. Sorry for the mix up.

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