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?
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Byte187
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RUREADY
if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or mor
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