tdiu will it fly?

[GatorNavy]

Trying to figure out if this is a valid claim for TDIU housebound:

Nerve impingement cervical 20% (Primary)

mood disorder 50% (secondary)

THE ABOVE DESCRIBED IN THE DECISION AS TOTAL

RA 40%

DDD 20%

HCV 20%

Thanks in Advance!

 

 

[broncovet]

Its not moot, Buck, because:

1.  I am not SMC S, and TDIU could mean SMC S, under Bradley vs Peake.  "100 plus 60" and

2.  IU, (for me) has a potential of a much earlier effective date.  

[Buck52]

So you filed a claim for IU way back and was denied   ok that started your EED For IU, but keep getting denied for IU, But they did give you a rating for the MDD Correct & its  NSC Rating correct?

Now  your IU claim in Appeals correct? you will need to get awarded IU  and when that happens  means  you will get your IU EED.

And you been in Appeals a long time over this IU Claim and EED

So actually your appealing the IU Denial  to get the EED? or both? if Awarded

[broncovet]

Buck..yes.  I am applying for TDIU which would result in an earlier effective date for 100%, and maybe SMC S.   Im in appeals for these issues.    What happened was that I was denied in 2002,  then appealed to the BVA in 2004.   I won.  The RO decided to award 0 percent.  I appealed.  The VA shredded that NOD, but awarded 40% to 2004 instead.  

Finally, in 2009, I got my 100%, effective to 2006.  I appealed the effective date and lost, mostly because of shredded evidence.  So, Im going with TDIU from 2002 to 2006 instead.  CUE is still possible, but my attorney says that all shred claims are currently "on hold" at CAVC.   Also, Im trying to get SMC S.  

I think VA will have a very, very tough time reducing your SMC S at least if you protest it.  They have to show you "actually improved" under ordinary conditions of life (that is, while working) to reduce P and T' er's.  

[Buck52]

''The VA shredded that NOD, but awarded 40% to 2004 instead ''

Do you have your copies of this NOD?

How do you know or find out VA Shredded this?

On all my sheets of evidence I send to the VA  medical records or what ever

 With all my claims I've sent in to the VA I put in the right hand corner of every page I send the VA 

''CC sent to VA Claims'' with my claim #

If VA Shredded your Copy of the NOD...Can you use

All Doubt goes to the Veteran? and present a copy of that NOD you sent them back then?

Edited November 5, 2016 by Buck52