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Comer: VA must assume Vet seeking the max benefit.
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broncovet
This may apply especially with TDIU. Remember, before 2015, informal claims for increase were allowed.
CCK law explains, in Ingram, below, that the Va has a duty to consider both informal and formal claims:
https://cck-law.com/blog/10-court-of-appeals-for-veterans-claims-cases-all-veterans-should-know-part-1/
And, Comer vs Peake points out when a Veteran seeks a claim for increase, VA has to assume the Vet seeks the maximum benefit:
https://casetext.com/case/comer-v-peake
Specifically, Comer says:
Remember, a claim for tdiu, if you already have one or more disabilites, is a claim for increase.
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