The 15th Anniversary of Rice v. Shinseki
Today, May 6, 2024, marks the 15th anniversary of Rice v. Shinseki (22 Vet.App. 447 (2009)). In this landmark Court of Appeals for Veteran’s Claims case, the Court held VA has a duty to consider a Veteran’s eligibility for TDIU (a Total Disability based on Individual Unemployability) whenever evaluating the Veteran’s claim for an appropriate rating. This decision has been instrumental in helping Veterans not only receive the appropriate rating of TDIU, but also the appropriate effective date.
How it works: Raising Unemployability
Veterans may be eligible for TDIU if they are unable to work due to service-connected disabilities, but do not have a combined 100% disability rating. Veterans who are granted entitlement to TDIU receive payment at the 100% compensation rate.
The Rice v. Shinseki decision says that even if the Veteran does not explicitly ask for unemployability to be considered, VA should consider TDIU if reasonably raised by the record. For instance, if the Veteran filed for increased ratings for his service-connected issues, and the VA medical examiner opines the condition(s) are impacting the Veteran’s ability to work, that alone raises TDIU and VA is now supposed to consider it themselves.
Example: A Veteran has a rating of 70% for his PTSD disability, files a claim for increased rating, which leads to a VA examination. If the medical examiner reports symptoms that impact the Veteran’s ability to work, TDIU is considered reasonably raised and VA should consider granting TDIU.
A Veteran can also raise TDIU themselves with a claim. For instance, if the Veteran files a claim and is granted a disability rating, he or she can raise TDIU in the appeal of that rating decision.
Example: A Veteran files a claim for service connection of a back condition; VA grants service connection with an initial rating of 40%, and the Veteran appeals. He or she can file a Supplemental Claim, asking for an increased evaluation, which includes TDIU. Because of Rice v. Shinseki, the VA must consider the TDIU as part of the back condition claim, not a claim by itself.
Why it is important: Preserving Effective Dates
The Court in Rice v. Shinseki ruled that claims for TDIU are not a separate claim but rather part and parcel of any pending claim the Veteran has before VA. This is important especially regarding effective dates and the potential retroactive pay the Veteran may receive.
Prior to Rice v. Shinseki, TDIU was considered a separate claim. This meant a Veteran would only be entitled to TDIU benefits from the date of filing for unemployability. Since Rice v. Shinseki, the Veteran is entitled to the benefits, if granted, from the date of the original claim.
Example: On January 1, 2024, the Veteran files a claim for increased rating for his migraine disability. In response, on July 1, 2024, VA grants an increase in rating from 50% to 70%, effective the date of the claim: January 1, 2024. On August 1, 2024, the Veteran then timely appeals for an increased rating for his migraines, to include TDIU. VA then issues a January 1, 2025 Rating Decision. Should VA grant TDIU, the effective date may go as far back as January 1, 2024.
Conclusion
In the 15 years since Rice v. Shinseki, many Veterans have secured unemployment benefits and earlier effective dates for the grant of those benefits.
Do you feel like your service-connected disabilities severely impact your ability to work? Reach out to us for a free case evaluation.