tdiu One Condition = 60%= 100% Tdiu

[Guest jangrin]

If a veteran has a condition with multiple SC ratings but the VA combines them for the purpose of TDIU and they equal 60% disabling --will that then qualify the veteran to the TDIU? For example,

PN (feet) bilateral 21%

Heart (CAD) 30%

DMII 20%

HTN/HBP 10%

________

60% - Does this then mean that because all the individual disabling processes are combined under DMII for TDIU thus making this veteran eligible for TDIU at 100%.

But then also if these disabling processes continue to worsen they also are rated serately in the event the verteran asks for an increase in the rating for any of these SC conditions.

Please correct me if my thinking is wrong on this.

[Guest Dataman]

No, but....

The Reg calls for one item at 40% and total of 70%, but it can be waved.

[Philip Rogers]

If a veteran has a condition with multiple SC ratings but the VA combines them for the purpose of TDIU and they equal 60% disabling --will that then qualify the veteran to the TDIU? For example,

PN (feet) bilateral 21%

Heart (CAD) 30%

DMII 20%

HTN/HBP 10%

________

60% - Does this then mean that because all the individual disabling processes are combined under DMII for TDIU thus making this veteran eligible for TDIU at 100%.

But then also if these disabling processes continue to worsen they also are rated serately in the event the verteran asks for an increase in the rating for any of these SC conditions.

Please correct me if my thinking is wrong on this.

jangrin, read 38 CFR 4.16b for your answer.

pr

Edited April 8, 2007 by Philip Rogers

[Guest jangrin]

Aren't all of the SC'd listed in this post related to a condition of one etiology?

Wouldn't that qualify as 60% (one etiology) =TDIU I would think that one could ask for a reconsideration if denied TDIU because of DMII and complications of secondarys.

§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:

(1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable,

(2) Disabilities resulting from common etiology or a single accident,

(3) Disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric,

(4) Multiple injuries incurred in action, or

(5) Multiple disabilities incurred as a prisoner of war.

he SC'd disabilities related to DMII (one common etiology)?

[jbasser]

jangrin, what is the ejection fraction on the last heart cath. Was it less than 50.

[Guest jangrin]

according to the nuclear perfusion 59. The VA in Cal would not do a heart cath. The new doctor here in TEX has chuckles scheduled for new EKG and then she will address the heart cath. She has also increased HBP meds, DMII meds, mental health MEDS, and HTN meds. also took new blood and a second urine sample. Also has scheduled him for a doppler for his leg and feet circulation this next week.

Obviously things have gotton worse sense he was last examined but it took five months to get into the VA here because he is not SC'd yet. He finally got in during the last two weeks. But now the claim is suppose to have been rated and they did not get all this new information.

I think he will be low-balled on this rating. So I am planning on a reconsideration and I will send in all the new medical evidense from the new VA doctor here in TEX.

It is frustrating because if he had his appointments 30 days sooner the rating board woud have had all this new information.

Oh well, it won't be long just wondering about if they rate him as 60% I really think that is what is going to happen.

Jangrin

Edited April 8, 2007 by jangrin

[Guest RickB54]

If a veteran has a condition with multiple SC ratings but the VA combines them for the purpose of TDIU and they equal 60% disabling --will that then qualify the veteran to the TDIU? For example,

PN (feet) bilateral 21%

Heart (CAD) 30%

DMII 20%

HTN/HBP 10%

________

60% - Does this then mean that because all the individual disabling processes are combined under DMII for TDIU thus making this veteran eligible for TDIU at 100%.

But then also if these disabling processes continue to worsen they also are rated serately in the event the verteran asks for an increase in the rating for any of these SC conditions.

Please correct me if my thinking is wrong on this.

No.... this is wrong.

a veteran must be rated 40% for one disability with a combined rating of 70%

or

a veteran must be rated 60% for one disability (not a combination of disabilities)

It is possible but unlikely that a veteran who does not meet the requirements listed above could get TDIU, but for that to happen a decisions would have to be made in Wash DC. It does not happen very often.

In one of your post you indicated you think he will be given a low-ball rating. Why do you feel this way? I am always bewildered when someone makes a statement like this, like there is some conspiracy against veterans. Such nonsense. VA employees are good hard working people, some make mistakes but we all do. Help the veteran with his claim, and give the system a chance to work, because most of the time the system works well.