Reference General Counsel opinion 6-99 (revoked because of Bradley v peake)
It specifically stated that a request for TDIU from a veteran already rated 100% schedular would not be considered. It goes on to state that there would be no additonal compensation if a veteran held both a 100% rating and a TDIU rating.
It did not address a veteran who was awarded TDIU based on one disability and later was awarded a 100% schedular rating based on a different medical condition.
In my case I held TDIU due to a 60% back injury from May 1999 thru Jan 2007 when I was awarded 100% due to asthma/COPD. The TDIU rating for my back was severed.
Initially, in 2007 I was awarded Housebound due to a 100% rating and a seperate 60% rating. I submitted a NOD that indicated I felt per my doctor letter I should have been awarded A&A. In 2009 A&A was awarded back to Jan 2007. I was awarded A&A at L 1/2 due to a 100% rating and an additonal seperate 50% ( or greater rating). If I understand the SMC schedule correctly in my opinion if I held an additional seperate total rating I would be entitled to a higher level of SMC at the M rate.
Does anyone know of any rule or law in effect that specifically states one cannot hold TDIU under the curcumstances I outlined above. If so please point me to it... as I haven't been able to find it.
Also since General Counsel opinion 6-99 was written Jun 99, and my award for TDIU was dated May 99 shouldn't I have been awarded SMC S since I had an additonal seperate combined 60% + rating.
General Counsel opinion 2-94 dated Feb 2, 1994 which allowed SMC's to those with TDIU plus 60% was still in effect at the time of my may 1999 award.
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
Question
Teac
Reference General Counsel opinion 6-99 (revoked because of Bradley v peake)
It specifically stated that a request for TDIU from a veteran already rated 100% schedular would not be considered. It goes on to state that there would be no additonal compensation if a veteran held both a 100% rating and a TDIU rating.
It did not address a veteran who was awarded TDIU based on one disability and later was awarded a 100% schedular rating based on a different medical condition.
In my case I held TDIU due to a 60% back injury from May 1999 thru Jan 2007 when I was awarded 100% due to asthma/COPD. The TDIU rating for my back was severed.
Initially, in 2007 I was awarded Housebound due to a 100% rating and a seperate 60% rating. I submitted a NOD that indicated I felt per my doctor letter I should have been awarded A&A. In 2009 A&A was awarded back to Jan 2007. I was awarded A&A at L 1/2 due to a 100% rating and an additonal seperate 50% ( or greater rating). If I understand the SMC schedule correctly in my opinion if I held an additional seperate total rating I would be entitled to a higher level of SMC at the M rate.
Does anyone know of any rule or law in effect that specifically states one cannot hold TDIU under the curcumstances I outlined above. If so please point me to it... as I haven't been able to find it.
Also since General Counsel opinion 6-99 was written Jun 99, and my award for TDIU was dated May 99 shouldn't I have been awarded SMC S since I had an additonal seperate combined 60% + rating.
General Counsel opinion 2-94 dated Feb 2, 1994 which allowed SMC's to those with TDIU plus 60% was still in effect at the time of my may 1999 award.
Any opinions would be appreciated....
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