tdiu Tdiu Quiz (Level: Expert)

[Byte187]

I've had quite a few people disagree with me on this particular question, so I want to ask here and see what the consensus is.

Consider this hypothetical veteran:

The veteran suffered a lower-back injury on active duty back in the 1980s. He received hospital treatment at the time so, years later, with his SMR, service connection was an easy matter. The VA attributes the veterans current lower back disability to his documented injury in the 1980s.

The veteran also suffers bilateral radiculopathy (legs), and the VA connected that, secondary to the SC back condition. The verterans current rating is as follows:

40% - lower back

20% - right leg

10% - left leg

60% - total

Question: Is this veteran qualified to be considered for TDIU? Why? or Why not?

[carlie]

Being that this entire topic for a claim is "hypothetical",

then no answer that could be provided is worth it's salt.

Claims deal with reality.

I wonder how many member's here really have the time or desire to continue

posting answers to a "hypothetical" question.

I for one am out of here - the "hypothetical" has been answered and beat to death.

[RUREADY]

Being that this entire topic for a claim is "hypothetical",

then no answer that could be provided is worth it's salt.

Claims deal with reality.

I wonder how many member's here really have the time or desire to continue

posting answers to a "hypothetical" question.

I for one am out of here - the "hypothetical" has been answered and beat to death.

good conversation to pass time and you need posting. lol

Edited September 7, 2014 by RUREADY

[Philip Rogers]

I'll make this one comment. The VA "should" consider TDIU based on both 4.16(a) and 4.16(b) but whether they will or not is another question?? In the case of 4.16(b) the claimant has to request the extra scheduler rating, or they won't consider it.

jmo

[Byte187]

Being that this entire topic for a claim is "hypothetical",

then no answer that could be provided is worth it's salt.

Claims deal with reality.

I wonder how many member's here really have the time or desire to continue

posting answers to a "hypothetical" question.

I for one am out of here - the "hypothetical" has been answered and beat to death.

The only problem with this thread is, too many people tried to answer a question that was never asked. If the "hypothetical" veteran, created to illustrate the question bothers you, simply remove that part of the equation and the very real question remains.

It has been my observation that many veterans fall into this category where they might qualify, and deserve, IU, but because of their current rating, and a VSO who doesn't understand the CFR properly, they are turned away before ever being evaluated. I see a very real problem with that. Maybe I made a mistake by creating a hypothetical veteran to illustrate it. My bad.

[killemall]

This thread bytes

[bhoward422]

The only problem with this thread is, too many people tried to answer a question that was never asked. If the "hypothetical" veteran, created to illustrate the question bothers you, simply remove that part of the equation and the very real question remains.

It has been my observation that many veterans fall into this category where they might qualify, and deserve, IU, but because of their current rating, and a VSO who doesn't understand the CFR properly, they are turned away before ever being evaluated. I see a very real problem with that. Maybe I made a mistake by creating a hypothetical veteran to illustrate it. My bad.

This is my situation 4:16(b) is need to be consider for my case I am SSDI accepted according to my VA medical file this is where SSA get my approval from my VA file.