Hey veterans, just continuing on with my video series on TDIU benefits and how to meet those
minimal schedular requirements to qualify for unemployability.
Again, if you recall, to meet those minimum requirements, you have to show to VA that
you have one disability rated at 60% or greater or you have multiple disabilities that combine
to 70% or more with one of those disabilities being 40% or more by itself.
The confusing part, and where VA messes up sometimes, is on that what is considered one
disability for the 60% or the 40% purposes.
Again, they just run down your code sheet there and they're scanning for one at 60 or
one at 40.
I'm here to tell you and here to let you know that it's not that simple.
There are situations where they can combine.
We've already done a couple of videos on that, and here's another one.
VA's own regulations say that you can combine multiple ratings into and let them be considered
as one disability for TDIU purposes under several scenarios, about five different ones.
The one I want to talk to you about is if those disabilities result from what's know
as a common etiology.
Etiology is simply a fancy word for cause.
So if you have multiple disabilities that originate from the same cause, and usually
that cause is going to be some sort of disease in this situation, then those should be considered
just one disability.
A common example, one I've dealt with myself, is Parkinson's disease.
Parkinson's is a horrible disease that manifests itself with many different types of symptoms.
They can affect your cognitive abilities, your motor function of your arms and legs,
your posture, your sense of smell, just about any sort of body system that you have.
You can have urinary symptoms, bowel symptoms, what have you.
The list goes on and on and on as that disease progresses.
But if all of those symptoms are attributable to the Parkinson's, then they should be considered
as one disability for TDIU purposes.
Let me give you an example.
Let's say you're a veteran who is service connected for Parkinson's disease, and you
have a 20% rating for left arm tremors, let's say.
And you have a 10% rating for cognitive difficulties attributable to Parkinson's.
Let's say you have memory loss, forgetfulness, that kind of thing.
And you also have a 10% rating for a complete loss of smell.
Well, that 20%, 10%, and 10% by themselves, none of them are at 40%.
If you combine those together, since they all originate from a common etiology, namely
Parkinson's, then they would qualify for that 40% test.
But again, if VA is not looking at it in those terms, if they're just again scanning down
their page, "Nope, nothing here is at 40%.
Not eligible for TDIU," that's an error.
That's something you should appeal, and you should challenge, and you should win at least
to the extent that you can then pursue TDIU.
Again, you still have to prove that you're unemployable due to all those symptoms from
the Parkinson's and any other service-connected disabilities you gave.
But again, if it all originates from one disease, then combine those together, that'll get you
over the hump of 60 or 40, hopefully, if it's severe enough.
Then you're own your way to the next step of TDIU.
If you have any questions about that or what is a common etiology, give us a call, reach
out to us on our website winyourvetclaim.com.
You can also get a free consultation there.
Again, there's about five scenarios where you can combine.
I'm going to keep doing some more videos on those other situations.
Stay tuned for those.
We'll see you here next time.
Thanks.