Content Curator/HadIt.com Elder Vync Posted May 5, 2016 Content Curator/HadIt.com Elder Share Posted May 5, 2016 I am helping a fellow veteran who is already receiving SSDI because he cannot work. His ratings are 50% + 30% + 20% = 70% combined. Would he be able to file for IU or extraschedular IU? flores97 1 Link to comment Share on other sites More sharing options...
0 Guest Posted May 5, 2016 Share Posted May 5, 2016 53 minutes ago, Vync said: I am helping a fellow veteran who is already receiving SSDI because he cannot work. His ratings are 50% + 30% + 20% = 70% combined. Would he be able to file for IU or extraschedular IU? Yes, he definitely meets the IU criteria. flores97 and Vync 2 Link to comment Share on other sites More sharing options...
0 Content Curator/HadIt.com Elder Vync Posted May 5, 2016 Author Content Curator/HadIt.com Elder Share Posted May 5, 2016 20 minutes ago, pete992 said: Yes, he definitely meets the IU criteria. Hey Pete, I just looked it up and you are correct! http://www.benefits.va.gov/compensation/claims-special-individual_unemployability.asp Eligibility Requirements: You must be a Veteran You must have at least one service connected disability rated at least at 60%, OR Two or more service connected disabilities at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more. You must be unable to maintain substantially gainful employment as a result of service-connected disabilities (marginal employment, such as odd jobs, is not considered substantial gainful employment for VA purposes). Next questions... He just recently was awarded the single 50% rating. Was the VA supposed to automatically consider IU? (like SMC) If he filed now, would the effective date be the same as the 50% rating's effective date or the date when he files for IU? Link to comment Share on other sites More sharing options...
0 Guest Posted May 5, 2016 Share Posted May 5, 2016 3 minutes ago, Vync said: Next questions... He just recently was awarded the single 50% rating. Was the VA supposed to automatically consider IU? (like SMC) If he filed now, would the effective date be the same as the 50% rating's effective date or the date when he files for IU? VYNC, we all know how sneaky and down right out how low VA can be. Yes ,VA should have considered the veteran for IU, if they knew the veteran was not working and they (VA) probably did but they (VA) are not going to just pay him unless he ask for it. If the decision is within one year and he request for it now in a perfect world VA should grant the IU with the same effective date as the last rating. I would even think that VA should have mentioned it in the last rating decision. Did they send him a VA form 21-8940? Vync and flores97 2 Link to comment Share on other sites More sharing options...
0 Berta Posted May 5, 2016 Share Posted May 5, 2016 SMC is mandated by law to be considered by the RO when a vet reaches TDIU for one single SC or 100% for one single SC and then has either a 60% independent rating for something else SC, or fulfills the Housebound Criteria. I say "mandated by law "but that means the VA has to be able to read the mandate and 38 USC 1114. Vync and flores97 2 Link to comment Share on other sites More sharing options...
0 Berta Posted May 5, 2016 Share Posted May 5, 2016 Is his SSDI solely for his SC(s)? If so he should apply for TDIU and tell them he gets SSDI and what it is for. Vync 1 Link to comment Share on other sites More sharing options...
0 Content Curator/HadIt.com Elder Vync Posted May 5, 2016 Author Content Curator/HadIt.com Elder Share Posted May 5, 2016 36 minutes ago, Berta said: Is his SSDI solely for his SC(s)? If so he should apply for TDIU and tell them he gets SSDI and what it is for. Hi Berta, I checked with him. Yes, his SSDI approved was solely for the three conditions. If he is granted TDIU, would he then also qualify for housebound? Link to comment Share on other sites More sharing options...
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Vync
I am helping a fellow veteran who is already receiving SSDI because he cannot work.
His ratings are 50% + 30% + 20% = 70% combined.
Would he be able to file for IU or extraschedular IU?
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Guest
Yes, he definitely meets the IU criteria.
Guest
VYNC, we all know how sneaky and down right out how low VA can be. Yes ,VA should have considered the veteran for IU, if they knew the veteran was not working and they (VA) probably did but they (VA)
Berta
SMC is mandated by law to be considered by the RO when a vet reaches TDIU for one single SC or 100% for one single SC and then has either a 60% independent rating for something else SC, or fulfills th
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