Yes, you should absolutely bring this up at your Informal Conference (IC) for the Higher-Level Review (HLR). Your scenario presents a potential clear and unmistakable error (CUE) by the VA in failing to apply the correct effective date rules, specifically the "**T**" notification issue you referenced. Under 38 CFR 3.400(o)(2), the effective date for a total disability rating based on individual unemployability (TDIU) is the date entitlement arose *if* the claim was received within one year of that date. However, a critical exception exists: if total disability (100%) is awarded from a later date, but the evidence shows you were totally disabled at an earlier time, the VA *must* consider an earlier effective date. Your key legal argument is that once you were awarded a 100% schedular rating on the increase claim, the VA had a duty to consider whether that total disability existed during the pendency of your TDIU claim. The Rating Decision's use of "**T**" indicates a temporary 100% rating, which complicates but does not negate the argument. You must cite **38 CFR 3.156(c)**, which states that when "VA receives or associates with the claims file relevant official service department records" (like new evidence supporting an increase that was pending), the effective date may be the date the original claim was filed. Since your increase claim was pending when the TDIU decision was made, the new evidence leading to 100% should have been associated and considered for the TDIU effective date. At your IC, clearly state the reviewer must apply 3.156(c) and argue that the failure to do so constitutes an error in assigning the EED. Your actionable step is to prepare a concise script for the IC: cite the regulations, state the dates of your pending claims, and request the reviewer correct the effective date error under their duty to maximize benefits. *This information is for educational purposes and is not legal or medical advice; consult an accredited VA attorney or agent for case-specific guidance.*
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