TDIU claim in Process - New Claim for SC combined with TDIU?

[DDS77]

I submitted for IU (50%+50%+10%+10%+10%=80%) a couple months ago.  Going through the process, just finished C&P exams.  

Just after submitting the TDIU claim I submitted a new claim for service connection for Migraines.  This claim was closed immediately by the VA and now the documents appear in the "IU" claim.  

Q1:  Does this mean they are not going to process the Migraine claim? I did not have a C&P for migraines, just for those major contributors to the IU claim.

Q2:  IF (a big word) I do get IU, can I still submit/resubmit for migraines and one other diagnosis I just got that can b service connected very easily?  

I am shooting for IU because I cant work, however, would prefer 100% scheduler for security and maybe pick up a few bucks (more than the poverty level) doing temp gigs in IT.

  

Thanks!!

[broncovet]

Welcome to hadit!

   A claim for tdiu is a claim for increase, there is no "stand alone" tdiu claim.  Look it up in CAVC cases, if you desire.   

1.  No, it does not mean they "wont process" your migraine claim.  It means you will have 2 claims in..one for tdiu, another for migraines.  (I dont know what the outcome will be at this point). 

2. You posted:

Quote

Q2:  IF (a big word) I do get IU, can I still submit/resubmit for migraines and one other diagnosis I just got that can b service connected very easily?  

     Based on personal experience, the VA has a history of "once you get to 100 percent" (or tdiu), they stop and "call everything else moot".  

However, I appealed a "moot" tdiu claim, and argued that tdiu was "not moot" because: a) TDIU could result in an earlier effective date AND b) it also could result in SMC S under the following regulation (see 38 CFR 3.350):

Quote

i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

The board agreed with me, and I eventually won SMC S and the EED.

[Carl the Engineer]

I am not sure if this still stands, but a while ago, the VA stated, that,

If you file a claim while you have a claim pending, the new claim will become part of the pending claim.  I think this is what happened to you.

So, I believe they are working both the IU and the migraines.

Just sayin,

Hamslice