tdiu New Tdiu Rules Just Released June17, 2013 A Must Read

[hendi]

If you are waiting for a decision for new or increase in benefits, that would make you eligible for TDIU. You must read the latest training letter put out 6-17-2013. This is the link to the letter: http://www.scribd.com/doc/148923612/FL13-013-001 They are just trying to make it harder on the vets to qualify for TDIU. If you get informed you have a fighting chance.

If you are having problems with the above link go to Jim Strickland's website: www.vawatchdog.org It is on the home page.

[71M10]

This fast letter does not square up to the statutory duties of the Veterans Affairs. They are supposed to be applying ALL APPLICABLE LAWS AND REGULATIONS. They are already by law instructed to consider and adjudicate TDIU if a veteran is 70% or greater( I believe there is a provison for review at 60% if at least one is 40% or greater), This fast letter is adding an additional requirement(not supported by law) that the Veteran tell the VA what medical condition/s makes him unemployable. I would think this can have ramifications beyond TDIU, If a veteran responds to the VA and states a combination of all my SC injuries prevent me from working (the logical thing to say) and the VA in their decision agrees with you than all of those ratings are lumped together creating the 100% TDIU rating and nothing is left for computation of SMC. If one particular rating prevents you from working, and the combined total of your other ratings are 60% or greater than you qualify for SMC S.

This fast letter is requiring veterans to make a determination/declaration not supported by law, that will be used in the adjudication. VA doesn't need this declaration to do their job and its only benefit is to encourage top sheeting and narrow/restrict veterans appelate rights!

Edited October 29, 2013 by 71M10

[free_spirit_etc]

Question... for those who know about such things...

Can this picking the conditions part of this work in this veteran's favor?

Say he states his 70% MDD is what keeps him from being able to work...

If they granted TDIU on the basis of that condition -- then would he qualify for SMC, as the other conditions are over 60%?

Or... would he already be qualified for it anyway?

Edited October 29, 2013 by free_spirit_etc

[free_spirit_etc]

71M10,

I think you already answered one of my questions. Thanks!

[free_spirit_etc]

Unfortunately, they probably are covered by law to require the form. It would be the same as other informal or inferred claims, where when an informal claim is made - the VA is supposed to send you a form, and you have X amount of time to return the form, or your claim is considered "abandoned."

And I don't think they will be relieved from the duty of considering all possibilities of entitlement, or developing a veteran's claim to the fullest potential. And again - the claimant is a lay person. So if the claimant says X keeps me from working, and X wouldn't keep him from working, but X and Y would, I don't think the VA is off the hook that easy.

Or if the veteran says all his conditions keep him from working, and they just grant TDIU, without also considering whether one condition alone would have made him unemployable -- I think the veteran could appeal that the case was developed to consider the possibility of entitlement for SMC.

I do understand the VA might see how far the can push it. But I imagine the courts will be busy.

[71M10]

Informal claims require an actual claim is filed within a year of the Veterans Adminstration requesting it.

Inferred claims require no submission of a claim form.

Fast letters are not law or regulation, but an internal VA communication on how to comply with the laws/regulations. The VA is telling their workers to require something that is not required. Furthermore, what they are requiring (a veterans opinion of what medical conditions prevent them from working) from veterans is contrary to clearly established previous rulings, that clearly state a veteran is not competant to make a medical determination on their condition (unless they have received appropriate medical training). If a veteran opines on this, they either restrict the conditions being considered, or they advocate lumping them together, which will remove conditions from consideration in the computation of SMC. Either way it is not good for the veteran!

An interesting question of law that won't be known for about 8-10 years, is does a veteran opining about what causes his TDIU, relieve the Veterans Administration from considering all their service connected conditions when evaluating TDIU. I say 8-10 years because this will bounce around quite a while until one actually makes it to the CAVC and has a precedent setting opinion attached to it.

[free_spirit_etc]

Thanks. I stand corrected on the inferred vs. informal claims. I actually realized there was some difference right after I posted, and didn't get back to it.

So I am back to that the are counting on:

1. A percentage of vets won't return the forms.

2. Whatever other sneaky or devious things they can slip by.

Personally, I don't think they will get by with failing to liberally construe the claim, etc. The sad part is that it will be totally disabled vets who are not able to work that will be caught in the crossfire while the issue is fought out.

I do find it ironic that a veteran is not capable of knowing whether he is able to work or not (i.e. he can't be trusted to know that), BUT he is supposed to opine on which of his given medical conditions make him unemployable.