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iu claim

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wes1

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I just received tis pending on E- Benefits and haven't got the paperwork yet.  From what I am reading here, the VA themselves started the IU claim and just want the form they sent me filled out, I will get the answers by my law dogs and vso, I just wanted opinions and advice here also as I have found it to be helpful above and beyond what the so called professionals say at times.  Any input is appreciated.

DisabilitySubmittedTypeActions
Service Connection For Residuals Of Traumatic Brain Injury Is Granted With An Evaluation Of 40percent Effective May 31, 2011.06/30/2015REPView Pending Claim
Service Connection For Migraine Headaches Is Granted With An Evaluation Of 30 Percenteffective May 31, 2011. A Noncompensable Evaluation Is Assigned From November 6, 2015.06/30/2015REPView Pending Claim
Service Connection For Chronic Adjustment Disorder With Mixed Anxiety And Depressed Mood(claimed As Depression/anxiety) Is Granted With An Evaluation Of 70 Percent Effective May 31,2011.06/30/2015REPView Pending Claim
Service Connection For Psychomotor Epilepsy (claimed As Seizures) Is Granted With Anevaluation Of 20 Percent Effective May 31, 2011.06/30/2015REPView Pending Claim
Entitlement To Individual Unemployability (inferred)06/30/2015NEW

View Pending Claim

 

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When the VA sees evidence that a veteran is unemployable due to service connected disability or disabilities, they infer a claim for TDIU. It is then up to the veteran to submit an application for TDIU. The veteran has one year to submit the VAF 21-8940 to complete the claim, and if not, the claim expires.

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Check with your VSO immediately as it appears they are inferring a award for TDIU. You and your VSO will probably have to fill out the correct form and send it in to win the award! Good luck and keep us all posted!

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You must file the IU Claim. "Inferred Claim" indicates that your SC's make you scheduler eligible to file a claim, it's not a guarantee of an IU award.

Do your SC conditions make you unable to work, even at a Sedentary job? Does your current employer make accommodations for you due to your SC disabilities? Are you self-employed or working in a family business or other type protective employment? In the past 12 months, have you earned in excess of the current VA IU SGI (Substantially Gainful Income) amount of $12,400.00 if under 65?

As I recall, IU rating brings in about $16K over 90% Comp. FILE THE CLAIM, YESTERDAY!

Semper Fi

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