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.

[free_spirit_etc]

Try here: http://asknod.files.wordpress.com/2013/06/fast-letter-13-013-001.pdf

I have tried to copy this FL13-13 BUT CAN'T. I am in hopes that someone here can tell me how without having to pay for it once it is downloaded on the site.

Thanks,
Hollis

[free_spirit_etc]

There is an edit button if you would like to make it more user friendly. ;)

sorry I have no idea how that happened/

[63SIERRA]

im not as used to be as I sharp was. but this blind hog can find an acorn now and then.

Good point on the only one, or at least one, Sierra63.

Edited October 31, 2013 by 63SIERRA

[42d]

Under the rules in the federal register for substitution claims, scheduled to become final Feb 15, 2014,it says that at the time of the veterans death if a claim had been denied but an NOD had not been filed that the claim is not open to consideration under substitution.

At the time of the veterans death we had an appeal before the judge for decision. Various parts of his ratings have been staged and part of the appeal calls for staging of ratings, specifically for increase in SMC as various ratings were approved or increased and qualified him for increased benefits.

We have been granted substitution in the appeal, a part of which involved our assertion that the veteran was qualified at a certain point for TDIU based on his SC knee disability. (He had not been granted a rating high enough to meet the statutory threshold). During the hearing I raise the issue that he had only been considered for one knee and that he was SC for both. The judge said that since the other knee had not been considered prior to the hearing it was outside the scope of his authority and I should submit a claim for the veteran. I did. SC was denied and a NOD was not filed prior to the veterans death.

Looking at the blocked in section IF/AND/THEN it seems to me that the knee denial would automatically get incorporated into the appeal

Problem is that the VARO is telling me that we have the right to carry the appeal to completion, but that the knee denial is a separate claim and not eligible for incorporation. I am going to paste part of FL 10-30 which I believe they are not applying correctly.

Substitution in an appealed case requires a Notice of Disagreement to have been filed prior to the appellant’s death. In such a case, an eligible survivor may file a request with the agency of original jurisdiction (AOJ) to be substituted for the original claimant for the purpose of processing the appeal to completion. If the original claimant dies on or after the date the appeal was certified and transferred to the Board of Veterans’ Appeals, but before the Board issues a decision on appeal, the Board will dismiss the appeal and return the file to the AOJ. The AOJ will make a determination in the first instance regarding basic eligibility for substitution. Any adverse AOJ determination as to basic eligibility for substitution will be appealable to the Board. If found eligible for substitution, either by the AOJ in the first instance or on appeal to the Board, the substitute claimant will receive the same docket number that was assigned to the original claimant’s appeal.

Am I missing something? They also treated me like an idiot when I requested housebound(remember this is staged)based on a TDIU rating that was based entirely on a single SC rating of 60%. when I cited Bradley v Peake the DRO told me that only applied to PTSD cases. He even put in the SSOC that to qualify for housebound that the veteran had to have a scheduler rating of 100%. In other words TDIU does not count. That is in the appeal and I am not worried about winning that part.

Comments are welcome and many thanks to E3 Seaman for the ammo. I am representing my mother in my fathers claim. He was a sailor for 21 years. I am an army vet but proud to say NAVY ROCKS!

[42d]

Question for E8 CPO. We have the U.S.C. , CFR, M manual( or whatever its called), Training Letters, Fast Letters, Board Decisions, Veterans Court and higher court decisions and other sources and obviously they are not always clear and often are in conflict.

I am probably wrong, but I thought that a FL was a general council opinion and that they were even binding on the board. Of course a court decision trumps

[63SIERRA]

i RECENTLY filed a TDUI claim and listed 3 contentions in the box, so we shall see how they deal with it. In my supporting claim I was very general and said several of my disabilites, so that is very broad, . I also listed a disability that is not yet approved, so that will throw another monkey wrench in thier system. NOWHERE does it say you cannot claim disabilities that have not yet been won. As far as im concerned, the disability claimed is legit, and the VA is in error. Its not like they can say they dont make errors right? With thier big 60 percent accuracy rate, at best.

I still dont see how they will be able to enforce this new reg, because even the smalllest service connected disabilities, in some way affect a persons ability to perform at thier best. Say you have a service connect for hemmeroids. You may be able to work but you wont do very well if you have a job sitting and its a pain in the ass all day.