CAVC Decision May 6, 2009

Rice

Rice v. Shinseki, 22 Vet. App. 447 (2009)

TDIU as Part of Increased Rating Claims

Summary

The Court held that a claim for Total Disability based on Individual Unemployability (TDIU) is part of an increased rating claim when unemployability is raised by the record. If evidence suggests the veteran cannot work due to service-connected disabilities during an increased rating claim, the VA must consider TDIU even if not explicitly claimed.

Key Points

  • TDIU claim is part of increased rating claim when raised by record
  • VA must consider TDIU if evidence suggests unemployability
  • Does not require formal TDIU application
  • Evidence of unemployability triggers VA's duty to consider TDIU
  • Important for veterans who may not know about TDIU

When This Applies

If you're seeking an increased rating and have evidence that you can't work due to your service-connected conditions, the VA should automatically consider TDIU. You don't always need to file a separate claim. If your records show unemployability but TDIU wasn't addressed, this may be an error.