REGULATIONS PROHIBITING REFERENCE TO UNNECESSARY DISABILITIES WHEN GRANTING TDIU????

[Otrgypsy]

Only two VA Neurologists authored C&P reports denying my CNS issues. Before the the last BVA decision one VA Neuro reversed her opinion and said my CNS issues were service connected (she never disputed unemployability for CNS reasons). The 2nd VA Neuro scumbag (LHI) issued a blanket retraction and admitted service connection (to protect his license). 4-5 others issued reports and med opinions saying I am unemployable strictly for CNS reasons (and resulting psych issues).  Are there any VA regulations that prohibit a rater from making unnecessary reference to different disabilities, when they award TDIU?

THE POINT IS I'M ENTITLED TO A FINDING OF TDIU BASED SOLEY ON THE 70% CNS RATING WHEN THE EFFECTS OF THE CNS INJURY ARE CONSIDERED.  HOW CAN THEY BE ALLOWED TO DEFEAT SMC BY JUST THROWING IN UNREQUESTED FINDINGS THAT UNNECESSARILY REFERENCE MY OTHER DISABILITIES???? THIS SEEMS SLIMY AS HELL AND INTENTIONAL.

I AM BEGINNING TO WRITE AN APPEAL. i AM WITHIN THE 1 YEAR. IF ANYONE KNOWS OF ANY VA REGS THAT ADDRESS THIS SITUATION I WOULD BE VERY GRATEFUL TO RECEIVE THEM.

Edited April 10 by Otrgypsy

[pacmanx1]

14 hours ago, Rattler said:

Any Idea how it was amended?

I may be wrong, off or just totally confused in mixing up too many decisions, but I think the change was to add or to include or to clarify that a single TDIU rating would be comparable or the same as the single 100% schedular rating for the SMC criteria.   

[Otrgypsy]

Broncovet: When I filled out the TDIU form  I referenced only the brain issues and fatigue issues. However, at that time I did not appreciate the relationship of my serious sleep apnea to my toxic exposures and made no claim for OSA and I've made no reference  to the remaining 60%. So even if they were to hold me to the form, there is no basis to connect my four  lesser disabilities to the claim for TDIU.

Pacmanx1   I do not understand your question, "Any Idea how it was amended?"  if you are referring to change on the higher-level review, they gave me the earlier effective date of claim that I was statutorily entitled to.

Edited April 10 by Otrgypsy

[pacmanx1]

7 hours ago, Otrgypsy said:

Pacmanx1   I do not understand your question, "Any Idea how it was amended?"  if you are referring to change on the higher-level review, they gave me the earlier effective date of claim that I was statutorily entitled to.

When the decision was originally decided, it referred to a veteran rated with a single 100% rating plus an additional 60% to qualify for SMC payments. It was amended or changed to include veterans rated with a single TDIU rating plus an additional 60% would be eligible for SMC payments. I don't think I asked this question. I think it came from Rattler. 

Edited April 10 by pacmanx1