TDIU Based on Combined Effects of Service-Connected Disabilities

The Federal Circuit Court awarded Total Disability Individual Unemployability (TDIU) benefits for two veterans who previously had their claims denied by the VA. Decided late 2013, both of these cases involved veterans with multiple service-connected disabilities as the basis for their claims.

The Federal Circuit Court (Court), in the cases of Geib v. Shinseki, 733 F.3d 1350 (Fed.Cir. 2013) and Floore v. Shineski, 26 Vet.App 376 (2013), decided that the VA medical experts failed to consider the combined effects of multiple service-connected disabilities and reversed unfavorable decisions made by the Department of Veterans Affairs (VA). The Court determined that the VA, and their medical experts, had considered the veteran’s disabilities separately without recognizing that multiple disabilities, suffered in conjunction with one another, may prevent a veteran from maintaining gainful employment.

To summarize, the Court made clear that when the VA is deciding upon a TDIU benefit claim based on multiple service-connected disabilities the VA is to consider combined functional impairment. This type of TDIU application is so complicated the Court has also indicated that the VA is to regard each of these claims on a case-by-case basis.

It is difficult to gain approval for any TDIU claim from the VA. And when the TDIU claim is based on multiple disabilities it is an especially complicated decision for the VA to make. Our law firm has the resources to offer counsel to you if your multiple service-connected disabilities have caused you to be unemployable and if you have not received a favorable TDIU award from the VA.

Please call our office for more information, (877) 629-1712.

http://www.vetadvocates.org/veterans-help/why-hire-a-nova-attorney/

Virgil J. Vigil 04/24/2014 12:21 AM

I am a Vietnam era veteran who served in the U.S. Army for 29 years. I was given a VA disability rating of 80% total with 70% for PTSD. I have been retired now for the last 11 years and am close to 61 years old. I worked for the City of Santa Fe as their Airport Manager but was asked to either resign or be fired. The employees had a difficult time adjustiing to me and expressed their displasuure with me. I was also suspended from a volunteer organization as they too had a difficult time coping with me. I filed for Individual unemployeability last year but withdrew my application because I was told by the State Veterans office not to because there is a possibility that the VA will reduce my disability rating. I also have a Psycholocical Assessment Report from a Clinical and Forensic Psychologist who I saw last year. Do I have a good case or should I just drop it. What do you charge for advice or representation?

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Sean Kendall 05/02/2014 07:06 AM

To determine whether you have a good case or not, it is important to consult an attorney. Give me a call and we can go over your case. I am at 877-629-1712.