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ptsd Bva Grants Tdiu And 100% Rating Effective Same Day For Same Conditon
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Question
Teac
http://www.va.gov/ve...es2/1118320.txt
I thought I was seeing things.. but here it is in black in white....
ORDER
The assignment of an effective date of March 10, 2005, is granted for the assignment of a 100 percent evaluation for PTSD, subject to the law and regulations governing payment of monetary benefits.
Entitlement to a TDIU is granted effective date of March 10, 2005, subject to the law and regulations governing payment of monetary benefits.
One is a fluke you say...Ok how about another one? Same condition granted TDIu and 100% rating
http://www.va.gov/ve...es2/1114885.txt
Ok two isn't enough to convince you how about this one:
http://www.va.gov/ve...es2/1112841.txt
Where the BVA states:
The record raises the issue of entitlement to TDIU. In this case, the TDIU claim has not been developed for Board review and is remanded in accordance with the Court's holding in Rice, supra.
While a 100 percent schedular rating has been granted above, this rating does not preclude a simultaneous TDIU rating. In Bradley v. Peake, 22 Vet. App. 280, 294 (2008), the Court rejected VA's rationale for concluding that a 100 percent schedular rating must subsume a TDIU rating. The Court determined that a separate TDIU rating predicated on one disability (although perhaps not ratable at the schedular 100 percent level) when considered together with another disability separately rated at 60 percent or more could warrant special monthly compensation under 38 U.S.C.A. § 1114(s). Thus, the Court reasoned, it might benefit the Veteran to retain the TDIU rating, even where a 100 percent schedular rating has also been granted. Because of this holding, VA's General Counsel has taken action to withdraw VA O.G.C. Prec. Op. No. 6-99, which is contrary to the holding of Bradley.
Ok how about a fouth case: http://www.va.gov/ve...es2/1113910.txt
And this one I am not even sure I understand why he was rated tdiu and 100% because no grant of SMC was awarded.
Ok one more because I think I have made my point...
http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp10/Files6/1041838.txt
there are so many cases of TDIu and 100% being awarded at the same time manly because of bradley v peake....
I found over 10 such cases and ironically, this was not the intended purpose of my research
Edited by TeacLink to comment
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