Director of Compensation Service

[pacmanx1]

First time going through this process and unfamiliar with it. My appeal has one private IMO, one VA contractor's IMO and one BVA Judge decision that my condition precludes employment but not sure what are the steps of the Director of Compensation does or will do? Was informed that they may deny my appeal and send it back to the Board (BVA) and let them make the decision which would only cause more time in the waiting game. This is the final leg or part of my last legacy claim/appeal. Seems they can't figure out my SMC-S. 

Any insight on the Director of Compensation and Services?

[broncovet]

I have been through it.  It happened for me, when the board required the VA to adjuticate TDIU "extra schedular", since I did not meet the percentage requirements for TDIU found in 38 CFR 4.16A.  Its found here:

 

 

Quote

 

 4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, 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 That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, 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. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability:................

(Authority: 38 U.S.C. 501)

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

 

 

The section B, above is what I was seeking...Extra schedular tdiu when I did not meet the percent requirements of 4.16A.  So, the Rating board submitted my claim to the Director Compensation SErvice.  This, in my case, was done at VACO, and I received a "rather quick" denial from VACO, probably within 2 or 3 months.  While I dont recall the VA reasons for denial of the 4.16b denial, I appealed that and won.  So, I got extra schedular compensation TDIU, not meeting the percentage requirements.  

Incidently, "on another Veterans assistance website", a former VA rater was adamant that "extra schedular tdiu, under 4.16b was really never even considered, or only rarely so, frankly because VA does not like it.  He thought I should just forget about 4.16b, it would never happen.  

IM so glad I did not listen to him!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Taking his advice would have cost me big bucks, because I was awarded tdiu under 4.16b.  READ 4.16B again. In short, the VA regularly "does not comply" with the policy in 4.16b.

4.16B is NOT vague, or ambiguous.    Its definate, and uses the term "ALL" Veterans, and the term "Shall", not some, not may, but all shall.  I called them on this, and the board complied and I wont.  Keep fighting, as my VARO insisted I was not eligible for tdiu, because I did not meet percentage requirements.  ITS a BOGUS DENIAL.  Pay attention to the BOLD AND UNDERLINED above.  

Edited August 22 by broncovet

[Lemuel]

9 hours ago, broncovet said:

I have been through it.  It happened for me, when the board required the VA to adjuticate TDIU "extra schedular", since I did not meet the percentage requirements for TDIU found in 38 CFR 4.16A.  Its found here:

 

 

 

The section B, above is what I was seeking...Extra schedular tdiu when I did not meet the percent requirements of 4.16A.  So, the Rating board submitted my claim to the Director Compensation SErvice.  This, in my case, was done at VACO, and I received a "rather quick" denial from VACO, probably within 2 or 3 months.  While I dont recall the VA reasons for denial of the 4.16b denial, I appealed that and won.  So, I got extra schedular compensation TDIU, not meeting the percentage requirements.  

Incidently, "on another Veterans assistance website", a former VA rater was adamant that "extra schedular tdiu, under 4.16b was really never even considered, or only rarely so, frankly because VA does not like it.  He thought I should just forget about 4.16b, it would never happen.  

IM so glad I did not listen to him!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Taking his advice would have cost me big bucks, because I was awarded tdiu under 4.16b.  READ 4.16B again. In short, the VA regularly "does not comply" with the policy in 4.16b.

4.16B is NOT vague, or ambiguous.    Its definate, and uses the term "ALL" Veterans, and the term "Shall", not some, not may, but all shall.  I called them on this, and the board complied and I wont.  Keep fighting, as my VARO insisted I was not eligible for tdiu, because I did not meet percentage requirements.  ITS a BOGUS DENIAL.  Pay attention to the BOLD AND UNDERLINED above.  

Mine took a bit longer.  VARO Los Angeles ingnored my September 1987 specific "extra-schedular claim for TDIU".  The BVA in 1990 in DC similarly ignored the TDIU claim.

In 2017 BVA Judge Marjorie Auer found the claim in a "De novo" review and remanded it to the Director, Compensation services while granting my TDIU at the BVA for the 416(a) presumptive from 2009 when my TBI rating took effect.

In April of 2020, I was granted TDIU back to September of 1985, my last date of full time Employment based upon my parttime employer's statement.  Better late than never.

How many veterans gave up and took that finale exit by obvious suicide or by purposeful accidental death with a cheap accidental death policy to take care of their families because they could not?  How much is that still happening?  For those it is never and too late for their NOK unless they get someone to take their case.

Edited August 22 by Lemuel
spelling

[pacmanx1]

Thanks, very interesting.