GatorNavy Posted November 1, 2016 Share Posted November 1, 2016 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! Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted November 4, 2016 Moderator Share Posted November 4, 2016 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. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted November 5, 2016 HadIt.com Elder Share Posted November 5, 2016 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 Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted November 5, 2016 Moderator Share Posted November 5, 2016 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. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted November 5, 2016 HadIt.com Elder Share Posted November 5, 2016 (edited) ''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 Link to comment Share on other sites More sharing options...
Question
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!
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FormerMember
Or a letter from a doctor on VAF 21-2680 stating you are effectively housebound medically (i.e. no driver's license, incapable of driving/ambulation). Of course, if you are in a wheelchair and on A&am
broncovet
The VA would rather close its doors, and turn its operation over to drug dealers than award TDIU to 100% ers. They deny such applications as "moot". In 2009, my VARO decision denied TDIU as moot as
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