For many veterans, their individual or collective disabilities prevent them from working. In these scenarios, the VA can award compensation for total disability ratings based on unemployability of the individual, or TDIU. This is covered by 38 CFR § 4.16, and results in the veteran being paid at the 100% amount. To be awarded TDIU, […]
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38 C.F.R. § 3.156(b) / Beraud v. McDonald, 766 F.3d 1402 (Fed. Cir. 2014) / Lang v. Wilkie, 971 F.3d 1348 (Fed. Cir. 2020) 38 C.F.R. 3.156(c) provides that any new and material evidence received prior to the expiration of an appeal period in the legacy system “will be considered as having been filed in […]
