TBI claim for SMC-T

[scarf]

I am 100% P&T for PTSD and I just currently filled a new claim for residuals of TBI for SMC-T. I worked under 100% P&T; however, I stopped working due to dealing with the residuals of my TBI. VA just updated my claim for me to complete a TDIU form. Will this jeopardize my P&T status already for PTSD?

[Mr cue]

3 minutes ago, scarf said:

@Mr cue The reason why I think they want me to complete a TDIU form is because in my personal statement,

Yes I thought you might have stated that but that statement was evidence for the TBI and smc t.

It was not been used to apply for tdiu.

My opinion the VA will open all disability up and order exams for all. If you apply for tdiu.

There is not purpose to apply for tdiu.

But you have gotten great info you have a choice to make how you proceed.

 

 

[pacmanx1]

Typically, when a veteran files for TDIU, they must list the disability or disabilities that makes them unemployable. If the veteran list all his/her disabilities, then the VA would review all their ratings but if the veteran only lists a disability or a few disabilities those are the ratings that the VA would review. 

[scarf]

@pacmanx1 Okay, that makes sense. The TDIU only pertains to my new claim of TBI and SMC-T and is not related to my 100 PTSD, it might be okay to just fill out the form and list only the TBI as the disability which caused the unemployment ?

[scarf]

@Mr cue This is what it says verbatim:

Request 1

 Needed from you - due in a month

You may be entitled to compensation at the 100 percent rate if you are unable to secure and follow a substantially gainful occupation because of your service-connected disabilities. If you believe you qualify, complete, sign, and return the enclosed VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability

[Mr cue]

1 hour ago, scarf said:

did not file any  VA Form 21-8940. Read my original post.

Ok is everyone missing that the Veteran stated he didn't apply for tdiu.

The VA is telling a 100% pt veteran to apply for tdiu.

Yes if a veteran isn't 100% the VA is to look at tdiu. Not open tdiu claims for pt veterans.

Now if no one see a problem with this I don't understand.

Now I am proactive when it comes to the VA and not from the school the VA is trying to help the veteran not these days.

We all understand the new Comp exam stuff been pull an used by the VA. Well some of us.

I wouldn't allowing it. It is no help to getting smc t or TBI. What the Veteran apply for.

If they don't fix it or work it out quick

I am take this is a new claim?

. I would withdraw the whole claim and start over. You lose nothing but a few months.

I wouldn't want to fight that fight. 

That how I stop all the va games. Withdrawal are part of the VA rules an process an legal.

before I get ban for stating my opinion 

I would just reapply  an let them do there job.

Either way you're in for a fight I just wouldn't put my rating in the fight.

No need to.

 

It's call been proactive.

This is my opinion 

Disclaimer I am not a veteran agent an am not acting as one.

 

 

 

 

[broncovet]

You posted:

Quote

The reason why I think they want me to complete a TDIU form is because in my personal statement, I said I became unemployed due to the residuals of my TBI and I am currently unable to return back to work. So I think it automatically triggered the TDIU application for my claim.

Correct.  Berry law explains it this way:

VA Disability Rating Reasonably Raised by the Record

Posted by Berry Law on April 26, 2017 in Veterans Disability

Did you know the VA is not only required to adjudicate the disability compensation claims a veteran expressly raised – such as a claim for hearing loss – but is also required to adjudicate any claims reasonably raised by the record? For example, if the VA discovers through a hearing examination that the veteran is also suffering from ringing in the ears (tinnitus), VA should treat tinnitus as a claim and properly adjudicate it.

The law requires the VA to “give a sympathetic reading to the veteran’s filings by ‘determining all potential claims raised by the evidence, applying all relevant laws and regulations.’” Szemraj v. Principi, 357 F.3d 1370, 1373 (Fed. Cir.2004) (quoting Roberson v. Principi, 251 F.3d 1378, 1384 (Fed. Cir. 2001) (emphasis added)). Moreover, “the Board is required to adjudicate all issues reasonably raised by a liberal reading of the appellant’s substantive appeal, including all documents and oral testimony in the record prior to the Board’s decision.” Brannon v. West, 12 Vet. App. 32, 34 (1998); see also Solomon v. Brown, 6 Vet. App. 396 (1994).

Source: 

https://ptsdlawyers.com/reasonably-raised-by-the-record/#:~:text=To raise an informal claim,Robinson v.

 

Edited February 9, 2023 by broncovet