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Remand???

Remisdad

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Remisdad Enthusiast

Remisdad 12

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Sorry to keep asking questions and thanks to everyone who has responded to my questions. Is a remand to the director of compensation for extraschedular rating rare?  All I find is stuff about being remanded to RO. I haven't found much about remands going to the director which is what mine is. I know I'm in for a long fight but I was just curious about this

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broncovet Grand Master

broncovet 4,251

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This is likely a referral for extra schedular consideration for tdiu under 38 CFR 4.16b, which says:

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(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

It means that you probably dont meet the percentage requirements for "normal" tdiu, and you are being considered for extra schedular tdiu.  Its a good thing.  It is my opinion that VA does not like to do "extra schedular" tdiu so they generally find a way to deny it. But, you can appeal that denial and that is how I won.  (Mine was a remand from the CAVC).  Here is how I won it:  I got an IMO from a Voc rehab specialist (Clifford Parker).  I think he charged me two payments of 300 each on credit card.  It did the trick and I won 5 figure retro.  

In answer to your question, "rare" is relative.  As I said, the VA doesnt like to do 4.16b's, they usually dont refer to the central office for extra schedular consideration "unless" they are required to do so from the BVA/CAVC.  You won half the battle..getting referred.  The VARO usually "refers" it to the round file (trash can).  

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Remisdad Enthusiast

Remisdad 12

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Thanks I'm just sitting here worrying about it I guess. I broke my left hand while in the army and the doctor set it wrong. Now I have a bone fragment that looks like a toothpick pointing towards my palm and I can't grip with it due to pain from the bone fragment There is no code for that. Once again thanks and I'll try to quit pestering people on here. Lol

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broncovet Grand Master

broncovet 4,251

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If you qualify for "loss of use" of your hand (and I dont know that), then there are other benefits you should be entitled to, such as SMC.  Again, to get tdiu, an IMO may be your best bet.  You need a voc rehab specialist to opine that your (issues with your hand and or other SC issues) prevent you from maintaining SGE.    Otherwise, VA can "presume" you could be retrained in another field.  Of course, I have no idea if that is plausable for you or not.  VA probably doesnt either, but it wouldnt stop them from denying you, if they got the chance.  

Your doctor can make a judgement call on your hand, and whether or not you can perform your current job with it.  But it takes a voc rehab specialist to opine if you are a good candidate to be retrained in a field where full use of both hands is not required.  

You could get that IMO soon, and win somewhat quickly.  Or, it can go through years of appeals, like mine did, and only then did I get the IMO and won it.  Had I known what I know now, I would have gotten that IMO proably 10 years ago.   I would have gotten my benefits at a much younger age and could have enjoyed them longer, instead of spending lots of my time fighting VA, in multiple appeals.  

Your remand should allow you to submit "new evidence" to support your claim, that would include an IMO.  

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