Tdiu question

[Remisdad]

I recently asked a question about my remand and would like to say thank you for the answers. Now I have more questions.  In my reasons for remand they highlighted what my c&p examiners said. One said that I have become more of a liability on the job and if I were in an accident my employer could be held liable and the 2nd one said my ability to work is impacted due to my inability to grip with my left hand if I need to lift something with both hands. My claim has been remanded to the director of compensation services for extraschedular consideration consistent with 38 cfr 3.321 b. I've only got 10% rating and am only asking for 10% more. Do I need to think about trying to get tdiu? Would it even be possible to get it?

[Ddsr]

8 hours ago, Buck52 said:

Ddsr

brocovet  Quoted

''Yes.  Allow me to correct your regulation citation: 38 CFR 4.16 B

  There is no percentage requirement for 4.16b (extra schedular tdiu)''. ''' 

I am not exactly sure what he means here?

According to what the CFR state below veteran must have a 60%rated disability,   if no 2 disability's are rating at 40% .

obviously they combined the two 40's to get the veterans eligibility for the IU...>   unless he has a 60% S.C. rating.

IF HE DON'T MEET THE 100% SCHEDULER RATING AND CAN'T DO ANY TYPE WORK DUE TO HIS  SC  CONDITION.

 VA will Interpret the Scheduler Requirements in 38 CFR 16 (b) to mean that a combined 70 % Rating is only Required if no Single Disability is rated at 60%

Yeah im confused as well. 

[Remisdad]

Dang now I'm getting confused. I thought it said if your SC disability kept you from maintaining substantial gainful employment you are eligible for extraschedular tdiu not schedular. I have not filed for tdiu but my case has been remanded to the director of compensation for extraschedular rating increase I think. 

[kanewnut]

3 hours ago, Remisdad said:

Dang now I'm getting confused.

What is confusing you? I am sure someone on here can help you.

[broncovet]

Its pretty simple.  The VA "makes you think" you MUST meet the percentage disability requirements so stated in 38 CFR 4.16 a.  So, many Vets "dont apply" if they are under 60 percent.  

BUT, when you read 4.16b, its crystal clear "you dont have to meet the percentage requirements" BUT..and this is a big but:

Quote

YOU HAVE TO GET VA TO ADJUTICATE 4.16b TDIU.  

They dont like to do that, they would rather deny.  WHEN YOU APPEAL BE sure to mention "Consideration for 38 CFR 4.16b" was not adjuticated.  They want you to look the other way, and if you do, they win.  READ 4.16b carefully (along with 4.16a).  You dont have to be rated at 60 percent or more for tdiu buy you still have to have your doc say that your are unable to perform SGE due to sc disabilities.  And, you have to sometimes "stir the pot" to get 4.16b consideration.  

SOURCE:  I was awarded tdiu with "less than" the minimum percentage requirements under 4.16a.  But, of course, I had to fight VA for it, for years, as always.  

[Remisdad]

My remand from 2/26/20 to the director of c&p is done. I haven't received my SSOC yet. I found it on the computer and it goes back to the board as of today. What I read said they couldn't fully grant my appeal. I had 2 issues on my appeal. Does this mean they granted 1 but not the other?  I guess I should be patient and wait for my SSOC but I thought someone on here might had this same thing happen.