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Good News From Bva, But Now What?

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KBH

Question

The BVA granted entitlement to service connection for Multiple Sclerosis. But remanded the claim for TDUI saying the RO incorrectly stated that the issue was intertwined with the service connection claim.

REMAND-Given the grant of service connection for multiple sclerosis within the instant Board decision, the veteran claim for TDUI should be again addressed by the RO following the assignment of a disability rating to this disorder and any additional development needed.

I have been granted SSDI and Fers retirements.

Any ideas on what the RO may do with this or whether there is another long wait In store for me here?

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  • HadIt.com Elder

TDIU means total disability due to individual unemployability. So you are total disabled just like 100%. The thing is you can't work. 100% vets can work if they are able. You do want the P&T because that means no more exams unless you set off alarm bells at the VARO. Nothing is solid and permanent at the VA until you have had a rating for 20 years. This could change at the next congress. If you get TDIU plus 60% you can get housebound ($300) more a month.

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Update -

My lawyer filed a NOD today saying I disagree with the RO's decision and want to appeal. Stating the veterans MS should be rated at 100% back to the date of claim and additionally as found in evidence from Doctor J. the veteran should be granted SMC under 38 USC 1114 for the extent of the period of the impairment due to MS.

The veteran requests a de novo review by DRO in conjunction with a personal hearing before the veteran and the veterans attorney. The veteran is requesting that a personal hearing be scheduled at a time when the DRO is able to provide the veteran with an explanation of the outstanding issues in each pending claim, and suggested evidence to support each of those claims as required by the appeals case of Bryant v. Shineski, 23 Vet App 488.

Can any of you break that down for me?

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