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Richard1954
(Authority: 38 U.S.C. 1114(p))
(4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above.
Does the Bold print above mean that a TDIU will not be used for purposes of a step increase for L ratings Aid and Attendance
I know that Bradley v Peak determined that a TDIU and additonal 60% rating is allowable for SMC S Housebound
But it appears to me that TDIU cannot be used in SMC L for step increase to M am I correct in this....?
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FormerMember
I don't require an apology, sir. You just need to understand that words have definitions. I took offense to the term 'mislead' and nothing more. Everyone knows who I am by now. It's no secret. VA sur
Richard1954
(Authority: 38 U.S.C. 1114(p)) (4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next
FormerMember
Being in Buck's position is to be given the benefit of SMC S. VA is increasingly trying to do the "combined" technique of using everything you have to get to 100%.
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