tdiu Tdiu Extra Schedule

[RUREADY]

Do anyone know whether there is a va regulation that say " the RO cannot

ask for your claim to be consider or ask for extra-scheduler. I know I read this

somewhere but cant find where. A BVA judge has to do this be consider as such

.extra-scheduler

Edited December 25, 2014 by RUREADY

[Philip Rogers]

I've had experience w/three ES TDIU claimants and all won. All had to personally request the ES TDIU rating. If the claimant doesn't request the ES TDIU rating, the VCR will send them a letter denying TDIU, if they don't meet the 4.16(a) requirements, stating the criteria for 38 CFR 4.16(a). They will not mention 4.16(b), period.

pr

[Gastone]

PR: There be the Rub. Most Nam Vets I have contact with have no clue about E-S IU. So if the Vet doesn't know about it and the VA rater doesn't see the Vet's disability picture to be Extra-Scheduler worthy and no original IU claim was ever filed, seems like a "Catch 22." Even for the Vet that gets the "Inferred IU" with the award puting him at a "Schedular IU Rating," it's not an automatic claim until the Vet actually files the IU Claim.

I'm thinking back to my 1st and only contact with a VSO-Rep when filing my very 1st SC claim. Had about 6 issues claimed. Never once did the Rep mention or advise me to include an IU claim. All but 1 issue was denied in 09, but eventually all were awarded in 06/14 DRO Hearing along with IU from 2011 Denial. Had I put it in in 08 and had it "Alive" in 14, what a pay day.There in lies the problem, my lack of knowledge and rather poor VSO Rep assistance in the very beginning of my claims journey. Couple all that with my tendency to procrastinate and you have a 4+ year wait for the 1st DRO Hearing. I was just luck the DRO decided to clear both Hearing requests at the same time. IU NOD was from 09/12, Awarded 6/27/14, 11/2 yr on NOD to award not bad.

Semper Fi

Gastone

[Philip Rogers]

Gastone - that's the problem. The VA and the Service Org's work against the claimant/veteran. Anyone filing a claim should always include the phrase that "they are seeking the maximum benefit(s) allowed by law." They should always ask for dependents benefits and Chapter 35, with their filing of the claim. I would love to review all VA claims for the last 70 yrs for just 2% of what I could recover. I'd probably be a billionaire!!!

Even the training of new SO's is guided by the DAV, who we know supports the VA, not the veteran.

My pet peeve is the 4.16(a) notice. It's designed to screw the claimant and make s/he think they aren't qualified for TDIU. It is absolutely "intentional," on the VA's part!

pr

[CoastieAirman96]

Whoa! My head is definitely spinning at a 1000 rpm after reading all this TDIU_S-IU & E-S IU! So much that im now questioning if I filed/submitted my claim(s) right, based on all the quoted verbage from VA regs abt TDIU!

Im still fairly new to the forum but have initiated posts & replied to thm too. So, i have a question of clarification & guidance to ask to make sure i followed va claims protocol by the book and/or based on the experience of my experienced veteran brethren thruout the hadit.com site.

Im a Airman (1996-1999) & Coastie (1999-2001) Vet of the Gulf War era currently rated at 80% SC Combined-- 70% TBI w/ residuals due to personal assault that ocurred while in svc 03/2000  and 30% MDD--Secondary to TBI snc (06/2010-NOD award date) frm filing the NOD (06/2009) for the VA decision of my orig (07/2007) award of only 10% for TBI & 0% for MDD which was incredibly sickening to say the least even after providing countless private MED/MH trtmt evid, STR showing the ER record of my assault & injury & rest of my trtmnt during tht time with exception to the Neuropsych test results tht the VA rptd in the SOC, they werent able to obtain frm Travis AFB, buddy (svc) statemnts, c&p exams (gen & mh in 2008) in which the MH examiner royally screwed me by stating in my final rpt tht "i had smoked weed snc age 15" which was not EVER my doing or admission which led to my initial denial of MDD, but was later upgraded to 30% & TBI to 70% (due to law chgs for TBI 2008) in which i rcvd bk py only to 2008 for tbi & bk py to 2007 for depr incr frm filing the NOD in 2009 whn i had plenty more hlp frm my prvte MED/MH evidence, statemnts, & hlp frm 2010 C&P exams which supported my sc claim even more for depr in the first place. I tried proving SC for MDD gng back to 03/2000 but the key evidence (psych eval/MMPI-2), was supposely "unable to be obtained frm TAFB which was BS, so i lost out on possibly 7-10 yrs of bk py for MDD i fig'd. 

Now, since 2009, i hv rcvd trtmnt/meds frm VA pcp who diagnosed me with ptsd & snc 2015 seeing my VA psychiatrist & therapist (TDRS, VRC, etc). I strtd an intent to file claim on 05/24/2015 & finally submitted ALL new evidence thru FDC using ebennies for an:

1) New--TDIU; 2) Increase--PTSD-Sec to Assault-Non-Combat; 3) Increase--TBI w/resid; 4) Increase--MDD

At 80% SC CR (70%-TBI; 30%-MDD), was i to "ask for E-S IU" to be considered for tdiu or are they the same? I also filed the TDIU form. Also, if im not awarded TDIU, but have met reqs for 100% IU will it be inferred & granted snc i hv a CR of 80% for ALL mental hlth & tbi and show enuff evidence to warrant it? Lastly, if my tbi/mdd/tdiu increases are denied cld i possibly be granted enuff ptsd (like 70%) based on my current VA diag & ongng trmnt w/o hvn a ptsd c&p exam or is the exam req'd?

I figured, if im denied all but ptsd & i get rated at 70% wit or w/o (c&p) added to my current 70/30, it will put at CR of 97-98% or 100% IU.  Otherwise, im really lost on how this tdiu or ES-IU, IU stuff goes. 

Thx and srry for the novel!

CoastieAirman96

Semper Paratus

 

 

[Buck52]

CoastieAirman96

AS long AS YOU MEET THE 4.16( a) OR THE 416 (b) critera  the ''ES''   is for the Extra Schedule  if the veteran does not meet the 416(a) critera  

The VA rates this WAY actually to favor the veteran if the veteran don't have a high enough ratingenough rating to qualify for the IU

TDIU =Total  Disable  Individual   Unemployability 

veteran can receive this is different ways  there is reg TDIU  &Then Temporary IU  & then P&T IU

in statement in support of claim   you can ask for the max rating if you qualify.

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Posted 28 Dec 2014 · Report post

''If the claimant doesn't request the ES TDIU rating, the VCR will send them a letter denying TDIU, if they don't meet the 4.16(a) requirements, stating the criteria for 38 CFR 4.16(a). They will not mention'' 4.16(

[broncovet]

Coastie

   Ten years is way to long to get this resolved.  There are special rules regarding TBI.  I suggest you contact a NOVA law firm.

https://vetadvocates.org/welcome/find-an-attorney/

 How long has it been since your Board decision?  The best time to appeal would have been within 120 days of the Board decision.