inferred IU

[tylerb333]

Should the VA have inferred my claim was automatically IU without asking for it?  I am 70 SC for PTSD and 20 SC Back condition as of March 31st this year.  Can I file NOD stating that this should have been an inferred claim.  I currently have a claim for increase in for those conditions.

[treysnonna]

Buck our family dr did on the dbq of the original claim, he stated hubby was not able to work.  And then again in the letter he wrote for him.  i wonder if they will award the iu even thou he did not really file for it.  But I think Broncovet is right on.   And if they award the 60 percent for diabetic nephropathy, which I believe is right for third stage.   And the 20 percent for diabetes increase,  that might put him up to 96. So will they have to pay him at 100.  And he also put in for increase in hearing.  Hey he did get a really nice pair of hearing aids from va!    He is also putting in for sleep apnea.   But how long does it take to get iu,  she lead him to believe it was hard to get and took a long time.  I have seen people say on here they got it in a couple of months.  Thanks guys for your advice.  I knew not to let him drop that claim for diabetes.    I promise to start a new thread the next time, Broncovet.  Thanks for the  warning.   You guys are awesome.

[Buck52]

treysnonna

Using VA Math Unfortunately 

60%  & 20%  =8499 % and that rounds out to be 80%  barley missing the 85%mark for the 90% , they do this VA Math on purpose in my opinion to make it hard for the veteran to get a decent income.& TO GET TO 100%

It's very hard to reach the 100% using VA Math,  he would need at least 80% more rating for 100%  with what he has now at.80%  with VA Math  80% rating and another 80% rating would be 96% rounded to the highest %  would be 100%

If I am using all of his current ratings? I base this off a 80% current  rating???

so this is why he should ask for the IU. especially if his S.C. Disability keeps him from working  and if you have a Dr's Opinion that keeps him from working and stated he can't work b/c of his service connected disability  file for IU Using the Dr's Date.  to be awarded the IU Back to that date. try the TDIU Fast letter Add the Dr's letter  obvious the VA Rater never read that...

With IU a Veteran is considered to be 100% although his combined rating total at 80% .... but being paid at the 100% rate with all the benefits  especially if he is rated the P&T Status

Anytime you get paid at the 100% rate   there actually saying the Veteran is 100%..now if he gets to the IU  thats when to file for the other contentions like OSA (Sleep Apnea) nd any or all other conditions he may have that can be S.C. direct or secondary.  then  If he gets a 60% or higher rating on his IU Rating  that opens the door for the SMC S  H.B.  Another 327.00 with spouse. added to the IU Rate.

Normal speaking I tell all veterans to file everything at one time and then if denied ON SOME AND APPROVED FOR THE OTHERS   always NOD the denial decision's  and get IMO  from private Dr's /specialist  to rebut the (VA)reason for the denial.(depending on reason and bases of the decision.)

JMO

Edited July 11, 2017 by Buck52

[Berta]

https://www.hillandponton.com/unemployability-iu-guide/

[treysnonna]

Going thru joint ambulatory care doc.it ask on the form if the veterans heart condition impact his or her ability to work.  Examiner checked yes. In remarks he put.  Can only do sedentary work.  Condition not bad enough to require intervention.  His mets were 70 and the 30 % is due to his due valvular heart disease.   He did have a valve put in.and of course his private doc said it did impact his ability to work.  I going to see what info I can get from his surgeon.

[treysnonna]

Ok he has to file the claim for th iu?  Or can he have the Vso in dc to point out the dr is saying he is not able to work,  would the consider it with the appeal.  I did get him to let the appeal for increase in diabetes go thru.  But she has convinced him that it is hard to get iu.  Or maybe he  thinks he is asking for something he does not deserve.    Im to the point, im tired trying to make him understand that he needs to prosue this.    But thanks for you  all letting me ask for your advice.  I just have to pray if something happens to him I can get dic?