tdiu Tdiu Inferred But Not Wanted.

[K9MAL]

I had a DRO hearing regarding 2 EED (Earlier Effective Date) issues and 2 ratings that I wanted to have increased. I'm currently waiting on the DRO's decision. I did not request TDIU but noticed last night on eBenefits that my contention is now listed as TDIU. I only want my ratings to be judged by the evidence that they have and do not want an inferred claim of TDIU. How can I prevent being labelled IU? Will not filling out a 21-8940 suffice? It doesn't sound like it when you read the quoted below.

My reasoning is that I would like to continue to have the freedom to try to engage in substantial gainful employment, if at all possible, and to the best of my abilities in the future. I do not want to be harnessed by the VA’s rules regarding IU and wish to pursue a career where I can find a balance between my injuries and my employment.

However, a veteran is not required to file this application form before the VA is obligated to consider and adjudicate a TDIU claim. When a veteran files an original claim for evaluation of a disability or a claim for an increase in the evaluation of a disability that has already been rated by the VA, the claimant is generally presumed to be seeking the highest benefit allowable. See AB v. Brown, 6 Vet. App. 35, 38 (1983); see also Roberson v. Principi, 251 F.3d 1378, 1383 (Fed. Cir. 2001); Norris v. West, 12 Vet. App. 413, 421 (1999).

Equally, when a claimant or the evidence of record reasonably raises a an informal claim for TDIU, the Secretary must furnish the claimant the form (VAF 21-8940) as prescribed by the Secretary. (38 C.F.R. 3.160)

***The VA Decision/Notification Letter should at least include a VA form 21-8940 as an attachment.***

If the VA has failed in compliance of any of the aforementioned on a failure to infer a claim for TDIU, then the veteran may have a basis to file a Clear and Unmistakable Error (CUE), these are very specific allegations of error, that are essentially a facial, and collateral attack on VA, and are given no deference via the VA's "duty to assist", nor is there ANY application of reasonable doubt doctrine (38 C.F.R. 3.102).

[carolinian]

I was wondering if I would be entitled to any type of SMC as well but never found any info.

[carolinian]

@ Gastone! Yeah P&T with no future exams. I am still waiting on the original award letter for over a month now. I am hoping they have documents enclosed explaining everything and additional programs that may be offered.Always apply and hope for the best.

[Gastone]

Carolinian: Excellent! My VSO-Rep was able to supply me with an EMail copy of my Award the same day it was Awarded. Might want to check that out. If your state offers a 100% or IU Property Tax Exemption, usually you need to get your Application with your Award attached to the City Tax Dept before end of Feb or Tax Board 1st Qtr meeting.

Semper Fi

Gastone

[iceturkee]

gastone,

i received a bunch of letters with the IU award that ranged from getting my id card, to getting a special license plate for car, etc. hopefully, he or she will receive same in their packet.