GeekySquid Posted May 10, 2019 Share Posted May 10, 2019 40 minutes ago, Berta said: the inferred claim submitted prior to the date of a formal TDIU application must be accepted as the date of claim for effective date purposes.” @Berta This line brings up an interesting question you might have an answer for. For veterans applying for PTSD whose intake and VA records indicate chronic homelessness, anger, loss of socialization, isolation, and infrequent employment. Should that trigger the VA raters to infer there may be a claim for TDIU? or does the use of the word "claim" indicate that in their formal written statement in support of claim the veteran has to say "i have not held a job for xxx (insert ptsd related reason)" or "I have lost 5 jobs in six months because..." what if they just told the shrink or msw they are assigned to? The concept of an "inferred claim" is interesting in its scope and limits. Exactly who and what triggers that duty to infer and if the VA fails to do that how is that fight carried out? Link to comment Share on other sites More sharing options...
Berta Posted May 10, 2019 Share Posted May 10, 2019 Go to M21-1MR Part IV subpart ii, 2.f.24.9 or just google infer TDIU M21 -1MR, and review all that comes up after 2.F M21-1MR is how the ROs determine and apply the regulations. Link to comment Share on other sites More sharing options...
GeekySquid Posted May 10, 2019 Share Posted May 10, 2019 (edited) 59 minutes ago, Berta said: M21-1MR Part IV subpart ii, 2.f.24.9 @Berta Thank you that was the section I wanted to read! edit: Reading that led me to M21-1, Part III, Subpart iv, Chapter 6, Section B - Determining the Issues. Specifically Issues in Scope, but vets should read everything there if they are looking for a requirement to "infer" and issue not specifically claimed. Edited May 10, 2019 by GeekySquid Link to comment Share on other sites More sharing options...
Berta Posted May 10, 2019 Share Posted May 10, 2019 M21-1MR is as good as the 38 USC and 38 CFR regulations. It is a step by step way the RO's should implement them. I used a copy of one page or two from M21-1MR, to support one of my claims. It must have been one of my CUEs. The M21-1MR also contains numerous legal citaions and that too can gbolster a CUE or any type of claims it might apply to- It saves time searching at CAVC for precedent setting decisions.It is one more weapon in the paper battle we are forced to fight. I hope M21-1MR is here at hadit. I have it on my PC.- Make sure you use the most updated versions of M 21-1MR, as sometimes things change. Link to comment Share on other sites More sharing options...
GeekySquid Posted May 10, 2019 Share Posted May 10, 2019 8 minutes ago, Berta said: I have it on my PC Is there a subscription for this or a cost for a copy? where do I get one for my laptop when I am out of range of Interne service? Thanks Link to comment Share on other sites More sharing options...
HadIt.com Elder Buck52 Posted May 10, 2019 HadIt.com Elder Share Posted May 10, 2019 (edited) Some times you might find what you need here? https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/5 scroll your mouse under( ''Topics]'' and click what you need in the box that pops up. Edited May 10, 2019 by Buck52 Link to comment Share on other sites More sharing options...
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