any advice would be appreciated

[tylerb333]

I was recently SC for PTSD as a result of military sexual trauma, 70 percent, and SC for Lumbosacral strain 20 percent.  I currently have a tinnitus and hearing loss appeal in.  I filed a NOD and asked for DRO.  Additionally I filed a secondary comp. claim for obsessive compulsive disorder and hep c, SMC for erectile dysfunction.  A week later I filed a claim asking for a raise of my service  connected rating and IU.  Voc rehab recently declared me unfeasible for its program and I submitted the unfeasible letter as proof for my IU.  Have I piled too much on too quickly?  My docs at the VA are now treating me for the Hep C.  MY PTSD symptoms are out of control, and I'll be attending Bay Pines in September.  I feel entitled to this compensation especially in light of my symptoms worsening.  Any advice on my winning my claim.m  And will I have to do a new C&P considering I just had one in march?  Whatcha think guys and gals?

[tylerb333]

What is IU?

Individual Unemployability allows VA to pay certain Veterans at the 100-percent disability rate even though their service-connected disabilities are not rated as 100-percent disabling. Veterans may be eligible for this rating increase if they are either unemployed or unable to maintain substantially gainful employment as a result of their service-connected disability (or disabilities).

What is substantially gainful employment?

Substantially gainful employment is simply full-time employment that provides a wage greater than the poverty level. (Note: In 2014, the U.S. Census Bureau considered a poverty-level, yearly wage for a person under the age of 65 to be $12,316.) For instance, if a Veteran has been trained to drive a truck, but can’t work because of service-connected back and stomach conditions, he or she may qualify for IU.

Are there any other eligibility requirements?

In order to qualify for IU, you must have one of the following:

1) a 60-percent or more disability evaluation based on a single service-connected disability or,

2) a 70-percent combined disability evaluation based on multiple service-connected disabilities, with at least one disability rated at 40 percent or more.

In these cases, VA will consider a Veteran’s eligibility for IU, if there is evidence showing he or she cannot work due to service-connected disabilities In both instances, VA reviews all the evidence of record and decides if a Veteran’s disability is, by law, severe enough to grant IU.

Let’s use a hypothetical situation. Say a Veteran claims he can’t work and doesn’t understand why he isn’t getting IU. He is service-connected at 30 percent for post-traumatic stress disorder (PTSD) and 10 percent for irritable bowel syndrome (IBS)

Since the Veteran has only two service-connected disabilities, both the Veteran’s PTSD and IBS have to be evaluated at a higher combined rate and be the reason he can’t work to receive IU.

How is the way VA decides total disability different from other agencies?

The law requires different criteria for other government agencies that process disability benefit claims. The Social Security Administration, for example, requires a claimant to be totally disabled after considering age, education, and prior work experience in order to be eligible for social security disability. VA only considers service-connected disabilities when considering entitlement to IU, and those disabilities must be the reason the Veteran can no longer be gainfully employed. IU is meant to compensate Veterans unable to work because of service-connected disability or disabilities that do not meet the VA Rating Schedule requirements for a total evaluation at the 100-percent rate.

If you think you fall into this category, I encourage you to work with a Veterans Service Organization, a state or county service officer, or see your public contact team at your nearest regional office. You can also find more information on our IU website, http://www.benefits.va.gov/compensation/claims-special-individual_unemployability.asp. I am also happy to answer your questions in the comments section.

[porgee]

I don't understand your point you cant work and get IU THATS 

fraud 

Edited June 6, 2017 by porgee

[Gastone]

Porgee, just for IU Reg clarification, I'd advise reviewing the section on "Sheltered & Protected Employment." Marginal Income from working for a Family Business, Self-employment or a job that makes "Special Accommodations" for a Vet's SC Conditions does not preclude a Vet from an IU Award, even if the earned income is above the SGI cut-off of $12,400 (under 65, $11,400 65+).

Tylerb, was there an "Inferred IU Claim" mentioned in your PTSD Award Letter? Be sure to complete the 21-8940, that along with the Voc Rehab Denial Letter should Seal the Deal.   Semper Fi

[MikeR]

I was going to mention the Sheltered & Protected Employment. It is not the same as other employment situations. I would push for 100% P&T. Never stop fighting. Good luck with the Service Dog, I would love one....but my Springer Spaniel would be pissed if I brought another dog in to share me with.

[tylerb333]

   No.  There was no inferred claim.  I was satisfied with my rating at first.  But as therapy drags on and the fog begins to clear from the years and years of drug use, my symptoms are worsening.  I just need time to get well.  IU would allow me to have to not worry about my bills and focus all my attention on getting better.

[Gastone]

It's 4:pm EST, have you started or filed your IU Claim on your E-Ben site yet?

You certainly sound like an excellent IU Candidate to me. If nothing else, start the IU Claim on E-Ben to preserve your File Date, you can hit the submit button whenever you're comfortable doing so (within 365 days of starting it).

If you haven't started or completed the IU Claim, could you explain why you're dragging your feet?

Semper Fi