tdiu Order And Remand

[Dorothy]

Can someone tell me what some of this means. I got this in the mail 2 days ago.

Order

Entitlement to service connection for headaches as secondary to service-connected hypertensive cardiovascular disease is granted.

Remand

The board remands the veteran's claim of entitlement to TDIU. This decision grants secondary service connection for headaches. The issue of TDIU is enextricably intertwined with the issue of the assignment of a disability rating for the veteran's now serviced-connected headaches. Thus, the issue of TDIU must be remanded to be re-adjudicated at the same time that a disability rating is assigned for the veteran's headaches.

Accordingly, the case is Remanded for the following action:

1. Provide the veteran with VCAA notice that is compliant with the current notice requirements as to the establishment of disability ratings and effective dates.

2. After assigning a disability rating for the veteran's headaches, readjudicate the veteran's claim for entitlement to a TDIU. If such action does not resolve the claim, a Supplemental Statement of the Case should be issued to the veteran and her representative. An appropriate period of time should be allowed for response. Thereafter, this claim should be returned to this Board for furthur appellate review, if in order.

I do not understand about the remand or remanded things. I do not understand about the TDIU and what they are saying about it. Please help.

[Guest jstacy]

Congratulations, Headaches are now service connected. You will get the official letter pretty soon.

The remand part is that They are ordered to consider IU from the headaches.

Edited August 15, 2006 by jstacy

[vaf]

Dorothy, the Board agreed that your headaches are service-connected. The percentage of disability assigned for these headaches will be determined by your state VA Regional Office (the Board is sending this decision back, or "remanding" the decision back to the Regional Office for action).

Regarding your claim for unemployability, the Board is also sending that back ("remanding" it) to the Regional Office. The reason for this is that the percentage of disability the Regional Office assigns for your headaches will directly impact whether you are granted unemployability. If the headaches rating is 0% or otherwise negligible, they may say you're not eligible for TDIU. If the rating is high, then they might say you are eligible. The two issues are "inextricably intertwined," and can't be decided separately from each other.

If the Regional Office makes decisions about the above issues that you find unacceptable, you will send that office a Notice of Disagreement, after which time the Regional Office will send you a Supplemental Statement of the Case (an explanation of the reasons and bases for the decision the Regional Office reaches). You will then issue a response to this SSOC, appeal to the Board, and these claims will again be placed before the Board for review.

[Dorothy]

Dorothy, the Board agreed that your headaches are service-connected. The percentage of disability assigned for these headaches will be determined by your state VA Regional Office (the Board is sending this decision back, or "remanding" the decision back to the Regional Office for action).

Regarding your claim for unemployability, the Board is also sending that back ("remanding" it) to the Regional Office. The reason for this is that the percentage of disability the Regional Office assigns for your headaches will directly impact whether you are granted unemployability. If the headaches rating is 0% or otherwise negligible, they may say you're not eligible for TDIU. If the rating is high, then they might say you are eligible. The two issues are "inextricably intertwined," and can't be decided separately from each other.

If the Regional Office makes decisions about the above issues that you find unacceptable, you will send that office a Notice of Disagreement, after which time the Regional Office will send you a Supplemental Statement of the Case (an explanation of the reasons and bases for the decision the Regional Office reaches). You will then issue a response to this SSOC, appeal to the Board, and these claims will again be placed before the Board for review.

Thank you for the answers. I do understand now. But is there a certain amount of disability that headaches are given. And if I am award the TDIU will they have to award me from when I originally became disabled from the hypertension which was in 1992.

[Dorothy]

Congratulations, Headaches are now service connected. You will get the official letter pretty soon.

The remand part is that They are ordered to consider IU from the headaches.

How long will it take for them to send me my officail letter? Or how long does it take to get an answer about the IU?

[vaf]

Dorothy, are these migraines you're talking about? If so:

8100 Migraine:

With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability = 50

With characteristic prostrating attacks occurring on an average once a month over last several months =30

With characteristic prostrating attacks averaging one in 2 months over last several months = 10

With less frequent attacks = 0

As far as how long it takes to receive a letter, I would guess each Regional Office is different, and I never expect anything quickly. So far, the VARO here has lived up to my low expectations, so try to be patient. You can always e-mail an inquiry to the VA from its website periodically and see what they say.

[Dorothy]

Dorothy, are these migraines you're talking about? If so:

8100 Migraine:

With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability = 50

With characteristic prostrating attacks occurring on an average once a month over last several months =30

With characteristic prostrating attacks averaging one in 2 months over last several months = 10

With less frequent attacks = 0

As far as how long it takes to receive a letter, I would guess each Regional Office is different, and I never expect anything quickly. So far, the VARO here has lived up to my low expectations, so try to be patient. You can always e-mail an inquiry to the VA from its website periodically and see what they say.

Thank you so very much for this answer. Are these ratings actually open to the public somewhere?