Section 1151 and TDIU - 1151 Claims - VA Disability Claims Community Forums - Jump to content
VA Disability Claims Community Forums -
  • 0

Section 1151 and TDIU

Former Member


I sure learned something the other day and want to post it here if anyone ever needs it-it is the sole decision at the BVA on this issue:


"With respect to whether the Veteran met the schedular criteria for a TDIU prior to September 20, 2010, he was in receipt of section 1151 compensation for the following disabilities prior to that date:  adjustment disorder with mixed anxiety and depressed mood, rated 10 percent disabling from April 16, 2001, through August 21, 2008, and 30 percent disabling from August 22, 2008, through September 19, 2010; and status postoperative right inguinal hernia repair with nerve entrapment syndrome involving fibers of the right anterior femoral cutaneous nerve, rated 10 percent disabling since April 16, 2001.  His combined disability rating was 20 percent from April 16, 2001, through August 21, 2008, and 40 percent from August 22, 2008, through September 19, 2010.  Hence, the Veteran did not meet the percentage requirements for a TDIU under 38 C.F.R. § 4.16(a) at any time prior to September 20, 2010.  See 38 C.F.R. § 4.16(a).  

VA policy, however, is to grant a TDIU in all cases where service-connected disabilities/disabilities that are the basis of section 1151 compensation preclude gainful employment, regardless of the percentage evaluations.  38 C.F.R. § 4.16(b).  The Board is prohibited from assigning a TDIU on the basis of 38 C.F.R. § 4.16(b) in the first instance without ensuring that the claim is referred to VA's Director of Compensation Service for consideration of an extraschedular rating under 38 C.F.R. § 4.16(b).  Bowling v. Principi, 15 Vet. App. 1 (2001).  The Board can review the decision of the Director of Compensation Service to make an independent determination.  See Anderson v. Shinseki, 22 Vet. App. 423 (2008). "



  • Like 2
Link to comment
Share on other sites

0 answers to this question

Recommended Posts

There have been no answers to this question yet

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.


  • have-question-title-2.jpg

    • Read without registering.
    • Register to Post A Question.
    • Find Answers Fast - Search

    Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on. Use paragraphs instead of one massive, rambling introduction or story.

    Again – Make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

    exclamation-mark-orange-gold.jpg How To Post

    Post a clear title like

    Need help preparing PTSD claim or “VA med center won’t schedule my surgery” instead of  ‘I have a question."

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?


    Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.


  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Create New...

Important Information

Guidelines and Terms of Use