Extra-schedular TDIU Rating

[pacmanx1]

Note: The veteran's combined maximum rating is only 50% based on 38 CFR 4.16 (b) the veteran was awarded TDIU.

A total disability rating due to individual unemployability (TDIU) effective from August 26, 2014, is granted.

Where a veteran's schedular rating is less than total, a total disability rating may be assigned when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities, provided certain requirements are met.  Under 38 C.F.R. § 4.16(a), if the veteran has only one such disability, then this disability shall be ratable at 60 percent or more; if the veteran has two or more such disabilities, then there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more.  38 C.F.R. § 4.16(a).  Here, the Veteran does not meet the schedular requirements for a TDIU.  His fibromyalgia is rated 40 percent, but his only other service-connected disability (discoid lupus) is rated at 10 percent, resulting in a 50 percent combined rating.   This rating has been in place for the entire period on appeal, which starts August 26, 2014. 

 

https://www.va.gov/vetapp21/Files6/21039010.txt

Edited April 14, 2022 by pacmanx1

[Dustoff1970]

Yes these EXTRA scheduler TDIU ratings are not common in grants from the VA where vet such as myself had only a 50% PTSD rating from 1985 to 87 or 88.  This was one of my request contentions for an increase in PTSD plus a TDIU rating. 

This was denied but eventually in 98 I was awarded P&T TDIU with 70% PTSD due to a 2003 CAVC court remand instructions ordering VARO to adjudicate me for a TDIU rating with earlier effective date. The VARO did so and made me permanent and total effective back to 98. 

Between 1991 or 92 until 98 I had no PTSD rating due to hateful VA examiners, poor VSO representation and indifferent spiteful VA doctors in Temple, Texas and one of them died at age 61 in Arizona and three others are now feeding the worms also including the Korean War vet DAV rep in Waco, Texas.  Good riddance.

P.S. Beware the jealous person or vet sitting next to you on a plane, train, bus or lobby bench.