TDIU

Single Judge Application; Geib, 733 F.3d at 1354 (establishing that “applicable regulations place responsibility for the ultimate TDIU determination on the VA, not a medical examiner”); Board was therefore prohibited from characterizing their silence on the issue as substantive evidence against entitlement to TDIU; AZ v. Shinseki, 731 F.3d 1303, 1317 (Fed. Cir. 2013) (holding that “where a condition would not normally have been recorded, the Board may not consider the absence of [administrative record] evidence as substantive negative evidence of that condition.”); “[T]he absence of evidence on a particular question cannot be construed as negative evidence against a claimant unless there is a foundation in the record that demonstrates that such silence has a tendency to prove or disprove a relevant fact.” Delrio, 32 Vet.App. at 240 (citing Fountain v. McDonald, 27 Vet.App. 258, 272 (2015));

[ad_1] Single Judge Application; Geib, 733 F.3d at 1354 (establishing that “applicable regulations place responsibility for the ultimate TDIU…

2 years ago

Retro pay after TDIU?

[ad_1] Afternoon folks, hope everyone is safe and healthy. Back in January, 2017 I was awarded TDIU P&T, got all…

3 years ago

Single Judge Application; The Board cannot avoid adjudicating an issue before it, here the proper rating, simply because it may also arise in a different claim. See Rice, 22 Vet.App. at 450-54 (clarifying that TDIU is not a “claim” but an entitlement to a total disability rating when certain qualifications are met); As appellant notes, the Board’s failure to address entitlement to TDIU based solely on the veteran’s migraine headaches was prejudicial because that entitlement may lead to eligibility for SMC under 38 U.S.C. § 1114(s). See Bradley v. Peake, 22 Vet.App. 280, 293 (2008) (“[S]ection 1114(s) does not limit ‘a service-connected disability rated as total’ to only a schedular rating of 100%, and the Secretary’s current regulation permits a [total disability rating based on individual unemployability] based on a single disability to satisfy the statutory requirement of a total rating.” (quoting 38 U.S.C. § 1114(s))); And VA has had a long-standing policy of considering SMC where it may apply, even if not explicitly raised. See Akles v. Derwinski, 1 Vet.App. 118, 121 (1991);

[ad_1] Single Judge Application; The Board cannot avoid adjudicating an issue before it, here the proper rating, simply because…

3 years ago

Is it safe to put in a claim with P&T TDIU?

[ad_1] I am rated 70% for PTSD but am paid at 100% for TDIU and am P&T. There are additional…

3 years ago

Single Judge Application; Board’s use of double negatives (“not shown” and “unable”); In Bowling, the Court found that the Board’s use of double negatives (“not shown” and “unable”) to suggest the feasibility of some of the veteran’s past occupations revealed that the Board relied on the lack of evidence rather than on any affirmative evidence of employability and that, with no such evidence, the Board’s speculation could not sustain a TDIU denial. Id. at 8.; » HadIt.com For Veterans Who’ve Had It With The VA

[ad_1] Single Judge Application; Board’s use of double negatives (“not shown” and “unable”); In Bowling, the Court found that…

3 years ago

TDIU » HadIt.com For Veterans Who’ve Had It With The VA

[ad_1] For Dependent Spouses, Children and Parents of deceased Veterans VA service representatives can answer questions about benefits eligibility and…

3 years ago

Is TDIU forever? : Veterans

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3 years ago

People who have TDIU how long did YOUR claim take? : Veterans

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3 years ago