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.

[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.

Yes in the letter I got on Friday the judge called them migraines associated with the hypertension.

[Guest jstacy]

Dorothy, did ypu get a copy of your C@P for migraines. If so I would like to see what the Results were. That is the basis for service connection. If the headaches are listed as being prostrating, Then depending on the frequency of the headaches determines the percentage. For example, Prostrating is the key word.

I have hypertensive headaches and have been diagnosed with Migraines as well. I also had a C@P for these which was favorable. Still, I have no decision for I put all of my claims on the table at one time last year,

It should take about 15 days from the time you get your official letter to get the retro and also the comp will start at the next payment date after the decision is awarded. Sometimes, The Retro and comp beat the actual letter so keep checking the old bank account for something different.

[Berta]

Dorothy- I wonder if they will hold this up just to send you the TDIU form-

that could take months-

I will attach this form VA form 21-8940-

Be sure to tell them (Check Yes) under # 18 if you get SSA disability and then under Remarks- you can refer them to additional pages- tell them how your SC meds affect your ability to work- like causes confusion, causes drowsiness, do not take and drive -etc-

if the VA ever turned you down for Voc ReHab tell them and it is always good idea to attach your SSA annual wage statement which shows periods of unemployment.

If you have never submitted this form- dont know-

it would be awful to wait for months only to get it from them in the mail.

TDIU_form.pdf

[vaf]

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

Dorothy, the rating criteria for all disabilities is public knowledge, contained in 38 CFR, Part 4. You can find a link to these regulations under Veterans Law at this website, or just Google it.