tdiu Old Regs

[john999]

Where might I find the regs for rating disabilities and TDIU that were being used in 1973? The baisis of my CUE is that the regs regarding TDIU were not applied in my initial claim 33 years ago. I am not quite sure what they were but I know they existed. How did the VA rate schizophrenia and depression and subsequent drug abuse 33 years ago? How did they get away with a ten percent rating?

[Cavman]

Where might I find the regs for rating disabilities and TDIU that were being used in 1973? The baisis of my CUE is that the regs regarding TDIU were not applied in my initial claim 33 years ago. I am not quite sure what they were but I know they existed. How did the VA rate schizophrenia and depression and subsequent drug abuse 33 years ago? How did they get away with a ten percent rating?

I was diagnosed with combat stress disorder in 1980 before ptsd title came along. I was given sc 0%. Isn`t that similar to what you are filing your cue for?

Cavman

[john999]

Cavman

Sort of since giving 0% for combat stress is a deliberate act of low balling a vet. 0% means to me that your combat stress does not interfere with your funtioning either socially or occpationally. I am sure that was not true then or now. I think then they had the idea that once a vet was out of combat and recovered from acute combat stress he was ok. Bullshit, of course! I had a report from my doctor saying I was unable to work and incapacitated and the VA never addressed that issue at all. The VA never addressed any of the issues brought up by my doctor. My official diagnosis was Schizophrenia, latent type and depression and for this I got 10% which means a mild disability. I am taking a shot in the dark with the CUE and expect to be denied by the RO where the claim became final.

They judge CUE claims on the way the rules were applied at the time under existing law with the evidence the VA had at the time. That is the way I understand it.

[carlie]

John,

I haven't been able to find any regs specific to TDIU dating back to 1973, this is why I posted to you the question of did VA consider pension versus the bs 10 % evaluation they awarded you back then ? Regs back in 1973 do refer to awarding the higher evaluation and certainly pension would have paid more than your 10 % did. Does this make any sense to you or am I having another melt down ?

carlie

[Guest jstacy]

John, The 38 CFR should be at any major public Library. They should have all volumes over the years. It may be worth th e research.

[john999]

I contacted the DAV and they said the regs for TDIU have not changed since the 70's. So the same criteria were in affect in 1973 as today and the VA ignored those criteria. They never even considered them. I never got a C&P exam. They relied on my SMR's and a hospital visit report. It is not that they condisered extra scheudular IU and then shot it down. They said it did not apply in the face of evidence to the contrary and no evidence to say I was employable. They never considered a pension. I will go to law library and see if I can find something on the 38 CFR back in the 70's about rating mental disorders. It would be like rating bipolar disorder as 10% as rating schizophrenia and depression 10%. It just does not make sense. Find me a person with schizophrenia who is 10% disabled.

[Berta]

All of the regs have a historic citation at the bottom of them.

For example 38 CFR§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

is stated in 38 CFR and then at the bottom is the historic citations of amendments.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

This citation shows that the regs in 1975 for TDIU were not changed until Jan.30,1989.

Searching under the FR with the date can produce the older regs:

http://72.14.205.104/search?q=cache:_cVdBH...p;cd=2&ie=U