tdiu Tdiu/iu/unemployability

[Veldrina]

....or whatever u wanna call it. We've received Fast Letter 13-13, which states that VA will no longer presume a claim for IU is a claim for increase in ALL s/c (service connected) disabilities. From now on you must specify which of your condition(s) is causing your unemployability AND you must submit a VA Form 21-8940 Veteran's Application for Increased Compensation Based on Unemployability. If you do not submit a completed & signed form, we are denying your IU. If you do not fill in which of your disabilities is causing IU or otherwise identify which ones (whether on a separate paper or VA Form 21-4138 Statement in Support of Claim, we are denying your claim. Just figured I'd give u all a heads up. I've included the actual Fast Letter, but figured I'd put it in "English" first.

[Veldrina]

ooooookay, i THOUGHT i attached itm, but it keeps disappearing.....

[Berta]

Veldrina!....always glad to see you here!!!

I got this from ASKNOD's site: (I too had trouble attaching it here the other day)

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

June 17, 2013

Director (00/21)

In Reply Refer To: 211B

All VA Regional Offices Fast Letter 13-13

ATTN: All Veterans Service Center Personnel

SUBJ: Claims for Total Disability Based on Individual Unemployability (TDIU)

Purpose

The purpose of this Fast Letter is to revise and clarify VA procedures relating to claims for

total disability ratings based on individual unemployability (TDIU).

Overview of Changes

•

VA will no longer presume a claim for TDIU is a claim for increase in all service-

connected disabilities. As part of a substantially complete application for TDIU, VA

will require that the claimant with multiple service-connected disabilities specify at

least one disability that he or she believes causes the unemployability.

•

VA will consider the Veteran’s specification of the disabilities that he or she believes

cause unemployability to be claims for increased evaluation for those conditions.

•

VA will require the claimant complete and submit VA Form 21-8940,

Veteran's

Application for Increased Compensation Based on Unemployability

, to substantiate the

claim of TDIU.

•

VA will administratively deny TDIU claims if VA requests, but the Veteran does not

submit, required forms or evidence.

•

VA has the flexibility to request either condition-specific Disability Benefits

Questionnaires (DBQs) or a general medical DBQ when VA determines that

examinations are needed to decide the claim.

•

VA will interpret the schedular requirements in 38 C.F.R. 4.16(a) to mean that a

combined 70 percent rating is only required if no single disability is rated at 60 percent

disabling.

Page

2

.

Director (00/21)

Expressly and Reasonably Raised Claims

As a result of

Rice v. Shinseki

(2009), TDIU claims are no longer adjudicated as

freestanding claims. A TDIU claim may be expressly claimed in conjunction with an

original service-connection claim, or with a claim for increased evaluation. If, in

connection with a claim for increased compensation, the evidence of record shows

evidence of unemployability, and the Veteran meets the schedular criteria for TDIU, then

the evidence reasonably raises a TDIU claim.

When a claim for TDIU is expressly or reasonably raised, VA will send the Veteran a VA

Form 21-8940 for completion. If the Veteran has multiple service-connected disabilities,

the Veteran must specify one or more disabilities that he or she believes preclude

employability. The Veteran’s specification of these disabilities will be treated as a claim

for increase for those conditions. If the Veteran only has one service-connected disability,

VA will presume that disability to be the cause of the Veteran’s unemployability and will

treat the TDIU claim as a claim for increase for that disability.

Note

:

If the evidence reasonably raises the issue of TDIU, the Rating Veterans Service

Representative (RVSR) will infer and defer the issue on the rating decision. In these cases,

authorization must continue the end product (EP). The TDIU claim must be worked as part

of the EP pending when the RVSR inferred the issue.

Section 5103 Notice

Send the Veteran a TDIU-specific Section 5103 notice for all TDIU claims. Include any

disability(ies) the Veteran specifies causes the unemployability in the notice as a claim for

increase.

IMPORTANT:

RVSRs must specifically address any identified disability(ies) as a claim

for increase in the rating decision, in addition to the issue of TDIU.

Requirement for VA Forms 21-8940 and 21-4192

If a claim for TDIU has been expressly or reasonably raised by the evidence of record, but

a current VA Form 21-8940 is not on file, provide it to the Veteran for completion. Before

VA will consider a claim for IU

•

the Veteran must complete a VA Form 21-8940, and

•

the Veteran with multiple service-connected disabilities must specify one or more

service-connected disabilities that he or she believes cause the unemployability.

Handling Receipt/Non-Receipt of the VA Form 21-8940

Follow the guidance in the table below to determine appropriate action based on whether or

[Berta]

Gee, a lot of it got cut off...........

the whole thing is on ASKNOD' s site here:

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

[jbasser]

This was discussed in the SVR broadcast with Doug Rosinski.

Expect this thing to change back very soon as Attorneys and the CAVC judges get word of it. It could be a violation of a court order.

Hope the chump who wrote it up gets hung.

J

[broncovet]

I agree with Basser. The CAVC already ruled that a completed 8940 is not required, but the VA can require information contained therin. When the Veteran completes a single 21-526, the VA can not require it filled out again for each condition requested, including TDIU. Each "informal" claim, or claim for increase refers to the single 21-526 and the VA cant make the Veteran keep filing out additional 526's for each condition claimed, including IU.

The fast letter is in conflict with case law and will likely be rescinded, in whole or in part.

[Veldrina]

thanks Berta, I thought it was just finding my post tasty & eating it.