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How High Does A Single Condition Have To Be Rated?


sawgunner

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There is no rating percentage required for a filing of TDIU.

Although the VA is triggered by any 70% SC rating- to send the TDIU form to the veteran and then VA will consider TDIU-

the requirement for TDIU is that there is documented medical evidence showing the veteran is unemployable solely due to their service connected conditions.

The form is available here (# 21-8940) and hasn't changed as far as I know since I used it many many years ago to help a NY vet,who had no SC rating but had SSDI solely for PTSD.

I was not sure at all if the VA would even accept the TDIU form.

He had considerable private MH records , and attached copies of some of them to the form as well as a copy of his SSA award letter, and his stressor was easy to prove. I read the form over very carefully because I was not familiar with TDIU and saw that there was no specific requirement for any established SC percentage in order to file for TDIU.

His TDIU award came very fast. It proved to me that medical evidence and a proven nexus to service , is the key to these claims,regardless of any SC rating.

In essence he had not only the private medical records to support diagnosis and treatment of PTSD, he also had the SSDI award which was technically a second IMO. All VA really needed was confirmation of his stressor ecause his medical evidence was solid.

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The "standard" percentage requirement for TDIU is at 38 CFR 4.16 http://www.benefits....PART4/S4_16.DOC .

The veteran must have a single 60% rating. If there are multiple s/c disabilities, the combined evaluation must be at least 70% with one of the disabilities rated at least 40%.

38 CFR 4.16(b) discusses 'extra-schedular' TDIU.

To file for 100% IU?

I seem to recall reading that in order to file for IU, you have to have one rating of a certian percentage.

Mabey 40%? Mabey it was 60%?

I don't remember.

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If you have certain percentages the VA will often infer possible TDIU. If you have any SC condition that keeps you from being able to work you are eligible for TDIU, but you have to really prove it. I know a guy who was rated 50% by the VA and had been on SSD for about ten years. He was obvious candidate for IU, so why had not the VA inferred it? Because he was not 60% or 70% combined is why. He still worked off the books but he was unemployable at any regular job. He finally filed for IU and got 100% schedular instead plus housebound. Me and him had a regular competition about who could get total and permanent first. He won!

john

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