tdiu TDIU Fast Letter Break Down

[pacmanx1]

http://www.margbva.org/Other News/Miscellaneous Information Archive/Misc Info 2013/VA-TDIU-Fast-ltr-13-13.pdf

The Crazy one here, just putting this out there so more can see this fast letter, it is very important for more veterans to see.

June 17, 2013

Director (00/21) In Reply Refer To: 211B

All VA Regional Offices Fast Letter 13-13

ATTN: All Veterans Service Center Personnel

SUBJ: Claims for Total Disability Based on Individual Un-employability (TDIU)

Purpose

The purpose of this Fast Letter is to revise and clarify VA procedures relating to claims for

total disability ratings based on individual un-employability (TDIU).

Overview of Changes

• VA will no longer presume a claim for TDIU is a claim for increase in all service connected

disabilities. As part of a substantially complete application for TDIU, VA

will require that the claimant with multiple service-connected disabilities specify at

least one disability that he or she believes causes the un-employability. Just what it says, a veteran with multiple disabilities can list one or more disabilities but the veteran must list at least one.

• VA will consider the Veteran’s specification of the disabilities that he or she believes

cause un-employability to be claims for increased evaluation for those conditions. Only the disability/disabilities the veteran list will be considered a claim for increase

• VA will require the claimant complete and submit VA Form 21-8940, Veteran's

Application for Increased Compensation Based on Un-employability, to substantiate the claim of TDIU. That's right no TDIU form no increase.

• VA will administratively deny TDIU claims if VA requests, but the Veteran does not submit, required forms or evidence. Administratively Deny TDIU claims if no TDIU form is submitted.

• VA has the flexibility to request either condition-specific Disability Benefits

Questionnaires (DBQs) or a general medical DBQ when VA determines that examinations are needed to decide the claim. It is best for the veteran to get his/her treating doctor to do this before VA even ask for it.

• VA will interpret the schedular requirements in 38 C.F.R. 4.16(a) to mean that a combined 70 percent rating is only required if no single disability is rated at 60 percent disabling. Sounds like they are trying to go specifically by the regulation.  This could mean that if the veteran does not meet the requirements then no TDIU.  I have seen in the past that VA has raised some veterans rating to meet the minimum and then grant TDIU so just be aware of this.

Page 2.

Director (00/21)

Expressly and Reasonably Raised Claims

As a result of Rice v. Shinseki (2009), TDIU claims are no longer adjudicated as freestanding claims. A TDIU claim may be expressly claimed in conjunction with an

original service-connection claim, or with a claim for increased evaluation. If, in

connection with a claim for increased compensation, the evidence of record shows

evidence of un-employability, and the Veteran meets the schedular criteria for TDIU, then

the evidence reasonably raises a TDIU claim.

When a claim for TDIU is expressly or reasonably raised, VA will send the Veteran a VA Form 21-8940 for completion. If the Veteran has multiple service-connected disabilities, the Veteran must specify one or more disabilities that he or she believes preclude employability. The Veteran’s specification of these disabilities will be treated as a claim for increase for those conditions. If the Veteran only has one service-connected disability, VA will presume that disability to be the cause of the Veteran’s un-employability and will treat the TDIU claim as a claim for increase for that disability.

Edited November 29, 2015 by pacmanx1

[Navy04]

Thanks for the info